A divorce is a legal process that can be intimidating to many people. Understanding what will happen, when, and why can help make divorce less stressful.
When you want to know more about the Fairfield divorce process, speak to a lawyer. One of our qualified divorce attorneys can ensure you have realistic expectations, help you meet your goals in divorce, and work to ensure that you are well-positioned for a bright future post-divorce.
Several legal formalities must occur to initiate a divorce proceeding in Fairfield. First, the spouse who files for divorce (the petitioner) must be sure that Connecticut courts have jurisdiction. If either spouse has lived in the state for one year prior to filing, the couple may divorce here. When a couple does not meet the residency requirements, an attorney can investigate whether there is another basis for allowing the court to exert jurisdiction.
The petitioner must prepare a summons, complaint, and several other forms, then arrange to have their spouse (the respondent) served. In most cases, the marshal will hand the papers to the respondent directly or leave them at the respondent’s residence. The respondent must file a notice of appearance within thirty days of the case’s return date, and may file an answer to the complaint’s allegations and their own cross-complaint as well.
A judge will issue automatic orders when the petitioner files the divorce papers along with the proof of service. These orders require the couple to maintain the status quo during the pendency of the divorce. Neither spouse may sell, give away, or mortgage marital property, incur unreasonable debt, or permanently take the children out of the jurisdiction without the court’s permission.
For many couples, the discovery process begins once each spouse has filed their papers with the Fairfield court. When the couple cites the irretrievable breakdown of the marriage as their reason for divorcing, they need not present evidence of fault for the breakdown. Discovery in these cases will require an exchange of financial information and may include information about the children, such as reports from doctors, therapists, and teachers.
When a spouse seeks a fault-based divorce, they must provide the court with proof of their spouse’s misconduct. The process could involve depositions of the spouses and third parties, and other additional discovery.
Connecticut General Statutes § 46b-69b requires all parents who file for divorce to complete a parenting education course. Judges generally prefer that parents take the course as soon as possible after filing the petition for dissolution of marriage.
Some couples without children or substantial property could qualify for a non-adversarial divorce. A couple who uses this process files agreements regarding property division with their joint divorce petition. They can receive a final divorce decree within a few weeks.
Many couples who do not meet the eligibility requirements for a non-adversarial divorce can seek an uncontested divorce. They must agree that their marriage is irretrievably broken and have signed agreements regarding property division, spousal support, child custody, and child support. They submit their agreements to the court with the divorce petition or sometime after.
The court will review the agreements and if they meet legal requirements, will incorporate them into a divorce decree. In many cases, there is no need for a hearing and the judge will issue the decree shortly after all final documents and agreements are submitted.
When a couple does not agree on all the relevant issues, they must appear for a Resolution Plan Date (“RPD”) with the court where they are put on a case management plan The case management plan will assign a track to the case based on the level of dispute, set discovery deadlines, pretrials, and other important dates to keep the case moving forward.
If child custody is an issue, the court will determine what if any issue-specific or general evaluations are necessary to be conducted by the Family Relations Office or a Guardian ad Litem. These evaluations provide the court with additional information and context to consider spouses’ competing custody plans. The judge can also refer the couple to mediation in an effort to avoid custody being litigated.
Divorces will typically settle between the RPD and a scheduled trial date. When a couple cannot reach an agreement on all relevant issues, the court will proceed with a trial, wherein the judge will hear evidence on the issue still in dispute. The judge will issue a decision and incorporate it into a final divorce decree.
When you decide to get divorced, you might worry about appearing before a judge and having a stranger decide private issues affecting your family. The Fairfield divorce process offers multiple opportunities for spouses to settle their differences outside the courtroom.
You can ensure everything goes as smoothly as possible by working with an experienced family attorney. Reach out today to schedule a consultation.
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