New Canaan Divorce Lawyer

Making the decision to end your marriage can be difficult, but it is often the best option for everyone involved. Whether you are requesting spousal support, negotiating a settlement, or preparing a legal separation agreement, a family law attorney can guide you through the process.

A New Canaan divorce lawyer can fight for your rights during mediation sessions or court proceedings. Our divorce law firm has the resources to facilitate the dissolution of your marriage.

Petitioning for Divorce in New Canaan

State law permits spouses to petition for marital dissolution by citing one or more justifications for divorce. Under Connecticut General Statute § 46b-40(c)(1), permissible fault-based grounds for divorce may include:

  • Habitual alcohol or drug use
  • Criminal conviction and imprisonment
  • Confinement to a mental institution
  • Adultery
  • Fraud
  • Willful abandonment or disappearance
  • Separation for at least 18 months

Spouses may also file for a no-fault divorce if their relationship has broken down irretrievably. The determination of fault may impact a party’s right to alimony and other financial relief. A skilled attorney in New Canaan can help spouses understand the legal implications of different justifications for the dissolution of marriage.

Distributing Marital Property in a Divorce Settlement

One of the most important aspects of a divorce is dividing marital property. A family divorce lawyer can help two parties develop a property division plan that addresses the marital home, valuable artwork, joint bank accounts, and more.

Connecticut is not a 50/50 divorce state. Under Conn. Gen. Stat. § 46b-81, a court may award any or all of one person’s estate to the other spouse if the parties cannot agree on distribution. When dividing marital property between spouses, the court may consider the following factors:

  • The length of the marriage
  • Any fault-based grounds for separation and divorce
  • The health and age of the spouses
  • Each party’s occupation, income, and overall earning capacity
  • Debts and liabilities
  • Individual assets
  • Each party’s financial and non-financial contributions to marital property

A lawyer can provide New Canaan spouses with more information on the equitable distribution factors a court may take into account when ruling on their divorce case.

Drafting Legal Separation Agreements

Couples considering divorce but not prepared to completely dissolve their marriage may request a court order to legally separate. This process allows couples to attempt reconciliation and continue benefiting from all the tax breaks afforded to spouses. Separation may also provide additional time to plan for significant life changes in the event of divorce.

Spouses with shared property, a high-net-worth, or children should consider working with a separation agreement lawyer to draft a contract. These martial separation agreements provide couples with a platform to discuss property distribution, alimony, and specialized child support.

A local lawyer can review a contract to ensure the terms comply with state law. Any issues related to child custody, visitation, and support will need to be approved by the court. Couples who have filed for marriage separation can work with a marital divorce lawyer to modify the terms of an agreement or turn a separation contract into a divorce settlement.

Connect with a New Canaan Divorce Attorney

The process of dissolving your marriage can be confusing without the assistance of a family divorce attorney. If you are in need of legal help with your divorce, call our firm today. A dedicated New Canaan divorce lawyer can negotiate a fair separation agreement or advocate for your property and parental rights during litigation.

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