Couples who decide to divorce are often eager to complete the process as quickly as possible. A relatively quick divorce is possible for many couples. The good news is that the length of a divorce in Hartford is largely within the couple’s control.
If you are concerned about completing your divorce quickly, speak with one of our seasoned divorce attorneys early in the process—preferably as soon as you decide to move forward with the divorce. They can tell you how to ensure your divorce proceeds without unnecessary delays.
A couple cannot divorce until they have divided their property, decided whether one spouse will receive ongoing financial support (maintenance), and made co-parenting arrangements for their children. A couple can hasten the process by negotiating agreements on all these issues before filing for divorce.
Investing time with a mediator or collaborative divorce team before filing a divorce petition is worthwhile. Couples who submit appropriate agreements with their divorce petition can get a non-adversarial divorce if they meet specific legal requirements, or an uncontested divorce if a non-adversarial divorce is not an option. A seasoned legal professional can explain whether the non-adversarial option is available in a specific case.
In both a non-adversarial and an uncontested divorce, the judge will review the paperwork and, if all is in order, can issue a divorce decree without a hearing. In addition, couples who have agreed on all issues can ask the judge to waive the 90-day waiting period that usually applies to divorces. That means the divorce process in Hartford could last only a few weeks after filing the initial petition.
Many couples encounter one or more sticking points that prevent them from filing for an uncontested divorce. One party will start the process by filing a petition for divorce before the couple agrees on all relevant issues, thereby starting the process off as a contested divorce.
A contested divorce can become uncontested if the couple keeps negotiating and eventually reaches an agreement. When couples cannot negotiate productively by themselves, mediators can be extremely helpful. Mediation is not appropriate or effective in every case, and sometimes couples can agree on the terms of their divorce by allowing their attorneys to negotiate with each other.
Once the couple has reached a consensus on all the relevant issues, they submit their written agreements to the court, and the case proceeds as if it is an uncontested divorce. If the agreements are acceptable, the judge typically issues a divorce decree within a few weeks. Hence, the length of a Hartford divorce depends on how effectively the couple can cooperate to finalize the proceedings.
Connecticut General Statutes § 46b-40 establishes the grounds for divorce. A couple could cite one of two no-fault reasons—their marriage is irreparably broken, or they have been separated for at least 18 months and there is no chance of reconciliation. When a couple cites no-fault grounds, neither has to prove that the other committed marital misconduct.
The law also allows a spouse to cite a fault-based ground for divorce, such as adultery, fraud, or cruelty, among others. When a spouse cites a fault-based ground, they must present proof to the court of the other spouse’s misconduct. Depending on the circumstances, it could take a lawyer weeks or months to gather enough evidence to prove the spouse’s misconduct in court.
In addition, seeking a fault-based divorce increases the level of conflict between the spouses and decreases the possibility of resolving issues cooperatively. A complex, high-conflict divorce in Hartford could take years from filing to finality.
People always have goals for their divorce. Our job is to finalize the process as quickly as possible while achieving your goals.
However, sometimes, a person has good reasons for wanting to proceed slowly. Our skilled attorneys can pace the proceedings to your comfort level.
The length of a divorce in Hartford can be a matter of weeks, or it could take years. It is largely up to you. Reach out today to get the process started.
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