A divorce is a complicated matter. You and your spouse must untangle your finances, ensure you have enough resources to live apart and make arrangements for your children.
Discussions on these issues typically take some time. How much time depends on you and your spouse, how well you communicate, whether you are on the same page regarding the children, and the complexity of your financial lives. The answers to these questions should also guide how you file for divorce.
There are several options for filing for divorce in Connecticut. Talk to a local family law attorney to determine which method best fits your circumstances.
When you and your spouse agree on every aspect of your divorce, you can file for an uncontested or non-adversarial divorce. These types of divorces are usually speedy once a spouse files the paperwork. The work happens before the divorce filing.
Spouses might negotiate together or with a mediator to create written agreements on all the issues relevant to their divorce—property division and spousal maintenance for all couples, and child support and a parenting plan for couples with children. When they have reached a satisfactory settlement, they file the signed agreements with the petition for divorce. The judge reviews the agreements and, unless there is a problem, incorporates them into a divorce decree, usually within a few weeks. A seasoned Connecticut attorney could review the agreements before submission to ensure they meet all legal requirements.
A non-adversarial divorce is only for childless couples with little property. It is used to offer a simplified process over an uncontested divorce. Recent changes to the law have eliminated the need for couples seeking an uncontested divorce to have a hearing, allowing the couple to apply to waive the 90-day waiting period. Uncontested and non-adversarial divorces are now very similar; they just use different paperwork.
A collaborative divorce is a team-based approach to resolving issues around divorce. Each spouse hires an attorney trained in the process to protect their rights, but the couple hires the rest of the team together. The team might consist of a(n):
All the professionals working with the couple are trained in the collaborative divorce process. They advise the couple on the issues that divide them and help them find a fair resolution outside of court. If the process fails and the couple decides to litigate the divorce, they each must find a new team, including lawyers, to represent them.
Collaborative divorce is an excellent choice for couples with complex finances, children with special needs, health concerns, and other issues that complicate a divorce. The process could require several meetings with some or all team members. If successful, the couple will emerge from the process with written agreements they submit to the court with their divorce petition, and the proceeding unfolds as if it were an uncontested divorce.
A contested divorce means that a spouse filed for divorce before both spouses agreed on all the relevant issues. If they cannot reach an agreement within a year, the judge will hold a trial and make the decisions for the couple.
Sometimes, a contested divorce occurs because a spouse wants a divorce on one of the fault-based grounds listed in Connecticut General Statutes § 46b-40. A fault-based divorce means proving a spouse’s misconduct led to the divorce, which generally lengthens the divorce proceedings, substantially increases the expense, and usually heightens the tension between the spouses. However, in some circumstances, there can be advantages to seeking a fault-based divorce.
Anyone considering a fault-based divorce should speak with a Connecticut attorney before finalizing their decision. There could be other, less expensive and less emotionally draining ways of accomplishing the spouse’s goals.
A divorce is a huge step, and the method you choose to accomplish it can make a big difference in how you, your spouse, and your children adjust. It is wise to learn about all your options for filing for divorce in Connecticut before you proceed.
An experienced family lawyer at our firm can offer objective advice to help you decide. Call today.
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