Going through a divorce can seem overwhelming, especially if you have concerns about starting the process. Before beginning the divorce process in Hartford, it is important to consult a divorce attorney who can explain your rights and help you reach your goals.
Knowledgeable counsel can explain the necessary steps to take and advise you on how to protect your income and assets.
Once an individual has filed for divorce, there is a 90-day waiting period before the divorce can be finalized. During those 90 days, both parties enter into a financial discovery period, where each party must exchange their financial affidavits, which list their income, assets, and liabilities. The parties must also produce all documentation that supports that information listed on their financial affidavit.
Once the 90-day waiting period expires, a judge will then schedule the parties’ first court date, where the individuals and their attorneys can discuss the issues that they agree and disagree on. During this court date, the court will suggest different services to help them resolve any outstanding issues in their case, such as mediation, custody evaluation, or if necessary, a hearing in front of a judge.
Although there is no set requirement for how quickly a divorce must be finalized, courts generally encourage the parties to resolve their case within one year. If a divorce goes longer, a court will set trial dates to resolve any issues the parties are unable to agree upon.
The plaintiff, or the spouse who initiates the divorce filing, must first fill out a divorce summons and complaint. The complaint must list both spouses’:
The plaintiff must also state that they believe that the marriage has broken down irretrievably with no hope of reconciliation. The individual will then need to file the summons and complaint with the Court to be signed off on, and then the opposing party will need to be served by a State Marshal.
As the plaintiff, the individual must ensure that they comply with all deadlines ordered by the court. If they do not abide by the set deadlines, they risk their case being dismissed for a failure to prosecute their action in a timely manner.
The spouse responding to the divorce must ensure that they also abide by any deadlines set by the court. If the individual misses these deadlines, the plaintiff can proceed with the divorce and have orders entered without the responding party’s input.
The responding spouse must also file an appearance form with the court to indicate that they intend on participating in the process. They have 30 days from the return date to respond to the divorce pleadings. If the responding spouse fails to file an appearance within those 30 days, the other party can request that the court finalize the divorce without the non-appearing party’s involvement.
Every divorce case must be filed with the courthouse that has jurisdiction over the town in which they live, but not every case needs to go in front of a judge. If the parties are unable to agree on issues such as custody, parenting time, or finances, they may need to go in front of a judge, who would then make the decisions for them.
A judge cannot force a party to mediate the divorce, however, the judge can order the parties to work with the Office of Family Relations, to discuss the issues they are unable to agree upon, prior to having a hearing with a judge.
Whether you are considering filing for divorce or if you have been served papers, you might be unsure of what you should do. Fortunately, an attorney well-versed in the divorce process in Hartford can assist you.
You deserve to have your rights and interests protected while you focus on your future. Reach out to a dedicated member of the team today to schedule a consultation.
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