Divorcing couples often do not agree on all the important matters they must resolve before a divorce becomes final. They must work through their divorce attorneys, with a mediator, or with a collaborative divorce team before they agree on a divorce settlement.
Understanding divorce law and the factors judges consider when deciding property division and child custody issues is essential to achieving a fair outcome. One of our dedicated divorce attorneys can help you understand this process better. A Fairfield contested divorce lawyer can also represent a spouse in a marriage dissolution proceeding and help ensure a reasonable result.
Many factors influence how a divorce proceeds. Ideally, spouses could agree on all the relevant issues, create a written settlement agreement, and submit it to the court with the divorce petition. They could have the final decree within a few weeks.
Most couples cannot resolve their issues so easily, and they end up in a contested divorce process. To say a divorce is contested simply means that one spouse filed for divorce before the couple agreed on settling the issues between them. It does not imply that the divorce is high-conflict or that one spouse does not want the divorce.
The legal basis for the divorce can also influence whether it is contested or uncontested. Connecticut General Statutes § 46b-40 offers both no-fault and fault-based grounds for divorce. No-fault divorces can be contested, but fault-based divorces must be contested, as the spouse citing fault must prove it. A spouse who wishes to cite a fault-based ground when divorcing should discuss the implications with a Fairfield attorney.
In a contested divorce, one spouse (the petitioner) files a petition with the court seeking dissolution of the marriage. They serve the petition and supporting documents on the other spouse (the respondent), who answers the petition with counterclaims. The court issues orders preventing either spouse from dissipating the marital property, making a temporary custody arrangement if the couple has children, and possibly calling for the higher-earning spouse to pay temporary alimony to the less wealthy spouse.
The couple must exchange financial disclosures that form the basis of property division and alimony negotiations. Depending on the extent of the divorcing couple’s wealth and the complexity of their holdings, identifying and valuing all the couple’s assets can become time-consuming and contentious. A Fairfield lawyer can engage a forensic accountant, business valuation expert, real estate appraiser, and other professionals as needed to ensure an accurate assessment of the marital property.
When a couple has children, Connecticut General Statutes § 46b-56a requires them to create a parenting plan describing the provisions for legal and physical custody and child support. The law favors arrangements where parents share decision-making responsibilities and split parenting time as close to equally as possible. However, a judge could approve another arrangement if it serves the children’s best interests.
Negotiations to reach a divorce settlement typically begin soon after the parties have exchanged their financial disclosure statements. Some matters are often settled relatively quickly, while others might be more difficult to resolve.
The spouses’ attorneys often reach a settlement before trial in many contested divorces in Fairfield. When attorney negotiations are unsuccessful, the judge can order the couple to try mediation before scheduling a trial. In most cases, the couple resolves their issues and submits written agreements on property division, alimony, and a parenting plan to the court. The judge reviews the agreements and issues them with the divorce decree as enforceable court orders if they are adjudged to be fair and equitable.
When all attempts at reaching a settlement fail, a judge will hear evidence and testimony at trial, and render a decision on all the outstanding issues. Divorce litigation can be complex, so working with a lawyer is critical.
Contested divorces are common, even when you and your spouse both want to part amicably. Disentangling your finances and parenting responsibilities is legally complicated and emotionally wrenching, and most couples need outside help to accomplish it.
A Fairfield contested divorce lawyer can help you manage the process and achieve your goals for your divorce. Reach out today to get started.
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