Divorce is a difficult and emotional decision. The reasons underlying an irretrievable breakdown in a couple’s marriage are varied and complex, ranging from financial issues, religious differences, personality conflict, to parenting issues. Seeking the advice of an experienced family law attorney in navigating the dissolution of one’s marriage is strongly advised.
You do not have to face the challenges of the divorce process alone. With the support and guidance of a Milford divorce lawyer you can minimize the inefficiencies and difficulties of this painful process so you can more rapidly move on with the rest of your life.
Connecticut law defines the specific steps that couples must take before the courts can enter a divorce decree. To file for divorce, either the person filing or their spouse must have lived in Connecticut for a minimum of one year. The filing spouse must serve the other party with a copy of the complaint and summons to appear in court for a hearing on the divorce. A court cannot grant a divorce until at least 90 days after the divorce case’s return date, unless a waiver executed by both parties or successfully motioned by one party is filed and approved.
Under Connecticut law, the filing spouse can seek a divorce based on either fault or no-fault grounds. In a fault-based divorce, the filing spouse must select from a list of fault-based grounds or otherwise prepare a custom pleading establishing the basis for the breakdown of the marriage. Common fault cases include adultery, substance abuse, abandonment or unreasonable cruelty. However, the majority of divorces today take the no-fault approach. With a no-fault divorce, a spouse must only show that the marriage has irretrievably broken down without the need to assign blame.
The divorce filings comprise the foundation of a divorce case, and determine what relief the court is authorized to order as part of the final judgment. A divorce attorney in Milford can help an individual avoid delays or disadvantages on account of insufficiencies or mistakes in their initial paperwork. .
A commonly challenging and contentious aspect of divorce is the distribution of marital assets and debts. The courts will typically determine the division of assets if the parties are unable to reach an agreement. A lawyer in Milford can counsel you through the process of disclosing and valuing assets and debts, and ultimately negotiating a fair compromise, or presenting your case at an evidentiary trial where efforts to settle are unsuccessful.
Before a judge can distribute marital property, they must first understand which property the couple shares. Once the parties identify the marital assets, it is up to the judge to determine how to divide them. Unlike some states, Connecticut law does not require the court to split marital assets evenly between spouses. Instead, the judge creates a distribution plan that is equitable based on a number of factors. Those factors include:
After weighing each of these factors, a judge will endeavor to divide the marital assets equitably.
It is not mandatory for divorcing spouses to have legal representation, but the failure to consult an attorney can have serious consequences. Your financial future, and, more importantly, your relationship with your children. A seemingly minor oversight can have significant and long-lasting implications. Do not put yourself in an avoidable, risky position. Reach out to a Milford divorce lawyer as soon as possible.