The decision to end your marriage might not have come easily. Once you have finally decided, you probably want your divorce to be final as quickly as possible.
Knowing the Fairfield divorce requirements can help you plan and ensure the process moves as quickly and smoothly as possible. Speak with a hard-working divorce attorney before you file to learn about your options.
A court cannot hear a divorce case unless it has jurisdiction, meaning the authority to dissolve the marriage. A court can gain jurisdiction in several ways.
A court can grant a divorce when one spouse has been living in Connecticut for at least one year. A spouse can initiate the divorce before the year has passed, but a judge cannot issue a divorce decree until one of the spouses has lived here for a full year.
A court also might have jurisdiction if the couple was married in Connecticut, left, and then returned, intending to make the state their permanent home. Jurisdiction could extend if the grounds for divorce occurred after one of the spouses moved to the state. Speak with one of our attorneys when you cannot meet the residency requirement to determine whether there is another basis for a court in Fairfield to assert jurisdiction for divorce.
One of the spouses must start the legal process by filing a summons, complaint, and proof of service with the court. The spouse who makes the initial filing is the petitioner or plaintiff, and the other spouse is the respondent or defendant.
The petitioner must state legal grounds for divorce. Most people choose to cite the no-fault ground, which is that the marriage has broken down irretrievably with no hope of reconciliation. However, when a petitioner has proof their spouse has committed misconduct, they could cite one of the fault-based grounds listed in Connecticut General Statutes § 46b-40. Citing a fault-based ground adds legal burdens but can provide a strategic advantage in some cases, so a petitioner should discuss the choice of grounds for divorce with a Fairfield attorney before filing.
Once served with the divorce papers, the respondent has thirty days to file a notice of appearance with the court. When the court has proof of service, but the respondent does not file a notice of appearance, the court can grant the petitioner a divorce by default. When the respondent does file a notice of appearance, answer, or counterclaim, the legal process continues.
For a court in Fairfield to have jurisdiction to issue a divorce decree, there are several matters that must be resolved. They are:
Many couples can resolve these issues before they file for divorce or shortly thereafter. These couples can submit their signed agreement with the court and obtain an uncontested divorce. The judge will review their documents and if all is in order issue a final decree shortly thereafter.
When couples cannot agree on all relevant issues, they must enter into a case management agreement with the court. The agreement sets a schedule for producing documents and other information to spur negotiations. Direct negotiations between the attorneys or in mediation usually result in a settlement. Where the spouses remain in dispute, the court will hold a divorce trial, and a judge will decide all outstanding issues.
There are multiple legal hurdles to jump through before a Connecticut court can issue a final divorce decree. Knowing what they are before you begin can prevent mistakes and avoid delays.
Reach out to one of our attorneys to discuss Fairfield divorce requirements. They can ensure you are well-prepared and have realistic expectations. Call us today to schedule a consultation and get started on your case.
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