Divorce in Connecticut: What You Need To Know Abut Getting Divorced in CT

  • Divorce in Connecticut: What You Need To Know Abut Getting Divorced in CT

    About half of all marriages end in divorce. Of course, more than one-half of all “couples” who are not married end their relationships by separating. Termination of any relationship is difficult. It is an emotional roller coaster and often a significant financial stress.

    In Connecticut, it is the Family Court, which deals with divorce. The Family Court also deals with custody matters and child support. In order to be divorced in Connecticut one of the Parties must meet one of the following: (a) residence in Connecticut for more than a year at the time of the divorce; or (b) having been married in Connecticut, one of the Parties has to have returned to Connecticut with intentions of remaining here. In Connecticut, neither Party has to prove “fault” in order to establish jurisdiction.

    If children are involved there are special rules governing jurisdiction. Primarily Connecticut is governed by interstate compacts designed to prevent parents from taking children from one state to another in order to get a divorce. Child custody rules usually require the State in which the child has spent the majority of the last six months to be the jurisdiction for the decision. However, there are exceptions.

    Getting a divorce in Connecticut usually involves four things: (a) deciding on the custody arrangements for the children; (b) deciding child support; (c) deciding alimony; and (d) dividing the property. In Connecticut, divorces are classified by the Court based on the degree of agreement. The most serious cases are those in which custody is disputed. These cases are considered fully disputed. If there are no children, or if the parents can come up with a Parenting Plan, the case can be classified as limited disputed. If all issues are resolved, or if the defendant fails to appear, the case is uncontested. Contested cases will ultimately be decided by a Judge after a trial. However, many cases start out as disputed, but end up as agreements.

    In Connecticut, the minimum time to achieve a divorce is about four months. Connecticut has mandated a 90 day “cooling off period”. This 90 day period is marked from the return date on the initial summons and complaint. “Average” divorces in Connecticut take from 6 to 18 months. Although some (very few) can take upwards of two years or more. Probably 80% or more of the divorces in Connecticut are ultimately entered on an uncontested basis.

    The Connecticut Family Court actively espouses that Agreements made by the Parties are much better than decisions rendered by the Judge. The Parties clearly know their children better than the Judge, and know the ins and outs of their finances and property. However, all too often, one or both of the Parties are too involved in the emotional roller coaster and are unable or unwilling to do what is in their and their children’s best interest. Skilled therapists can help. Skilled attorneys are also a major help.

    The role of the attorney in Family matters is complex. First of all, the attorney has to have the experience to know how to deal with Parties under stress. The attorney is not a therapist, but perhaps some of the skills of a therapist are helpful. Next, the attorney has to be able to deal with numbers and finances. An accountant or financial planner is often necessary to deal with the ins and outs of the Parties finances. Generally, the attorney is not an accountant or financial planner, but having a good grasp of numbers and finances can be very important. Another skill needed in an attorney is the ability to negotiate. Negotiation skills are crucial in keeping the divorce “pot” from boiling over. Last, the attorney must be an advocate for his or her client – the proverbial “mouthpiece”. The attorney speaks for the client to the Judge, to the other attorney, often to the spouse, and sometimes to the family and friends. All of these skills are important, but perhaps the most important is experience. Most clients are going through their first divorce. A few are going through their second or third. A very few may be reliving the experience for the fourth or more times. An experienced family lawyer has gone through hundreds, if not thousands of divorces. If this was surgery (and in a way a divorce is emotional surgery) no one would want to go under the knife with a surgeon who had only one or two prior experiences.

    Understanding the law and protecting your rights, your children, and your future during this strenuous time requires the assistance of an experienced divorce attorney. Please give us a call, and let’s discuss your situation.

    Contact us for a consultation with an experienced, successful and compassionate divorce attorney. The initial one-half to one hour consult is free, if you decide to either not go forward with the divorce, or decide to use someone else.

    Question:Are there any legal ramifications if I permanently move out the home before the divorce is finalized. My parents who live in New York said this could pose a problem if I leave the house for good during the divorce proceedings. I have no intention of returning to the home a this point except to get my personal belonging and furniture later on when we agree on what I can take back when the divorce is finalized.

    Answer:Moving out of the house is potentially significant in Connecticut with regard to only the following issues:

    (a) By moving out significantly before the divorce is filed, it could be considered as “abandonment”, which is a basis for fault. The issue at stake is the “cause for the divorce”. If you move out essentially at the time of the filing of the divorce, this is not an issue. Also, if you move out in response to his actions (ie: an affair, violence, etc.) this is not an issue.

    (b) If you have children, leaving the house (and children) could affect custody decisions. If you move out and take the children with you, this is moot. If you move out with the children (without the agreement of your husband), your husband could ask that the children be returned to the residence. If granted, this would affect custody decisions.

    (c) By moving out of the house, you make it difficult, if not impossible, to claim that you have an emotional attachment to the house. Possession of the house (post-divorce) could be affected. It is less likely that moving out has an affect on the overall split of assets.

    (d) Moving out of State officially, could affect the venue of the divorce. This is only relevant when we file the divorce in a different district than that of the house. It could also have an affect on jurisdiction. Connecticut jurisdiction is predicated on one of the Parties living in Connecticut for one year either effective the filing date (return date) of the divorce, or the actual divorce date. If your husband is a long time Connecticut resident this is a moot issue. There is a remote chance that if you move out of State (and your husband is aware) that he could try and use this fact to file in the State in which you are relocating. But this is remote.

    (e) All of the above answers may change, if the divorce is in a State other than Connecticut.

  • Call us for a Consultation: (203) 883-6081

    When looking for the right lawyer to handle your Connecticut divorce,ask how often that attorney actually tries cases in court. Connecticut divorce attorney Heidi E. Opinsky, is an aggressive advocate and experienced litigator

    If you need a divorce or family law attorney in Fairfield County Connecticut, to address a division of assets or a separation agreement, we encourage you to contact Heidi E. Opinsky, Attorney at Law.