The decision to get a divorce is daunting and difficult. The breakdown of a marriage is stressful for spouses, their children, and other family members. As part of separating their lives together, property and financial assets must be divided, and where children are involved, custody and child support determined.
When both spouses agree on the terms of the divorce, it can be a relatively easier process, both emotionally and procedurally, and accomplished quickly. To help ensure that your best interests are met – even in an uncontested divorce – consider consulting a seasoned divorce attorney. Dolan Divorce Lawyers are experienced in helping couples amicably dissolve their marriage. A skilled Connecticut uncontested divorce lawyer from our team can help you file the proper paperwork and guide you every step of the way.
Divorces that are uncontested from the outset look very different from contested cases, requiring fewer court appearances and no evidentiary hearings or trials. In contested divorces spouses have ongoing disputes, either with respect to finances or custody, and the resolution of those issues can require extensive discovery or the involvement of experts or guardians ad litem. Ultimately, it is possible for a contested divorce to become uncontested once an agreement is reached on all outstanding disputes, at which point the case is resolved without the need of a trial.
The presence of minors children can make divorce far more complex. The couple may argue over:
Both parties may also question each other’s parenting skills as emotions run high. In some cases, several court hearings are required to resolve recurring disputes surrounding custody and child support.
Another common issue of contention can be the separation of assets and debts. These issues often require significant litigation to resolve, whether due to the need for extensive financial discovery or the involvement of experts. Trials with experts and witness testimony can take months to resolve financial issues, especially where businesses or complex financial assets are involved.
In Connecticut, once consensus is reached on all outstanding issues, the process of resolving an uncontested divorce can proceed quickly. A divorce will be regarded as uncontested if it is resolved by way of a divorce agreement rather than a court judgment following a contested trial.
In an uncontested process, the parties outline the terms of their settlement in writing, which is presented to a judge along with updated financial disclosures, and where appropriate a worksheet for the Connecticut Child Support Guidelines. The assistance of legal counsel in the process of getting all the necessary agreements and forms filed with the court can greatly speed upon the uncontested process, avoiding paperwork being kicked back and delays in having the divorce decree issue. Additionally, an uncontested divorce attorney in Connecticut can review filings for mistakes, ensuring the divorce decree is correct. thereby avoiding the potential of incurring further expenses and legal headaches having involved with trying to modify a divorce judgment.
The majority of Connecticut divorces end up proceeding uncontested without the need for an evidentiary trial. Unfortunately, some of the legal conflicts leading up to the agreement can be emotionally damaging to all parties involved. The court puts great emphasis on parties resolving whatever disputes they can by agreement, and require parties to speak with the Family Relations Office to see if there are any resources the court can provide to assist the parties in settling their disputes without the need for a hearing or trial.
There are several requirements for a divorce to proceed as uncontested, such as:
When filing for divorce in Connecticut, both spouses must state the reason for the divorce in their written agreement. The default reason that most parties cite is that the marriage has “broken down irretrievably with no hope of reconciliation.” This is essentially a statement that the marriage cannot be salvaged.
In Connecticut, all couples must address and resolve the issues of division of assets and debts, and alimony. Where children are involved, couples will additionally need to address and resolve the issues of legal and physical custody, parenting time, child support, and medical coverage.
If both spouses cannot agree on these issues, mediation may be necessary. Mediation is when spouses negotiate their divorce agreement with help from a neutral third party (a mediator). Written documentation from the mediator may then serve as the foundation for a marital dissolution agreement.
Even spouses who disagree on multiple issues may eventually reach an agreement if both sides are willing to negotiate and hear each other out. The Connecticut court system prefers divorce agreements, which speed up the process and usually save everyone involved time and money.
The breakdown of a marriage is often emotionally challenging, even the divorce ultimately proceeds uncontested. The team at Dolan Divorce Lawyers is here to support you, explain your legal options, and help you make decisions based on facts rather than emotions.
At Dolan Divorce Lawyers, we understand the intricacies of Connecticut law. Our Connecticut uncontested divorce lawyers can help you understand what you need to do to finalize your divorce. We can also handle the required paperwork and, if mediation is necessary, negotiate on your behalf.
Take this opportunity to discuss your situation with our caring and compassionate team. Contact us today to schedule your consultation.