A contested divorce means that the spouses filed for divorce before they reached a settlement on all the issues they must resolve. It is not the same as a high-conflict divorce, though some contested divorces are contentious.
When your divorce is contested, work with an experienced divorce attorney who can protect your rights and make a persuasive case supporting your position. A New Canaan contested divorce lawyer can be your guide throughout the process and help ensure your settlement allows you to meet your goals.
A spouse (petitioner or plaintiff) initiates a contested divorce by petitioning the court for a dissolution of their marriage. The other spouse (respondent or defendant) must receive service of the divorce papers and submit an answer. Once the court obtains the respondent’s answer, it assumes control of the case, and the discovery phase begins.
Discovery is an exchange of information between the parties. Much of the discovery is financial information which the other side must verify. Depending on the disputes in the divorce, some may be personal, such as a parent’s employment, medical records, or a child’s educational records.
Court hearings are often scheduled during the discovery phase, and the judge usually encourages the parties to settle their outstanding issues. The spouses could work with a mediator or contested divorce lawyer in New Canaan to negotiate directly to settle the disputes. When negotiations are unsuccessful, the court schedules a trial, and a judge decides the remaining issues.
In Connecticut, property owned by either partner at the time of the divorce filing and property owned together is subject to division. A couple does not need to divide their property equally, but the division must be fair, considering all the circumstances.
A court must decide when couples cannot negotiate an acceptable property settlement. Connecticut General Statutes § 46b-81(c) suggests the judge consider multiple factors when dividing property, including the following:
Judges have the authority to transfer property from one spouse to another, order property to be sold, and take other actions to achieve a fair settlement.
A negotiated agreement is usually preferable because it allows the couple to retain control of the process and make the most appropriate decisions for their family’s circumstances.
Spousal support after the breakdown of a marriage is not mandatory in Connecticut. Courts may order alimony when one partner has been financially dependent on the other, but the obligation is usually temporary; in most cases, the dependent spouse is expected to become self-supporting eventually.
Alimony can be part of the property settlement negotiation. One spouse may agree to accept less of the marital property if the other pays more spousal support or makes payments for a longer period. These decisions may have tax implications and other repercussions, which a New Canaan contested divorce attorney can explain.
When a divorcing couple has minor children, a co-parenting plan must be created. Connecticut law calls this document a parental responsibility plan.
The parenting plan must include a schedule showing when the children will be with each parent. It must also delineate which parent has decision-making authority over different issues and describe a mechanism for parents to resolve disputes between themselves. In addition, child support must be addressed in the plan.
When parents agree on a plan, they must submit it to the judge for review. The judge determines whether the plan serves the children’s best interests and can reject it if it does not promote their stability and well-being. A contested divorce lawyer in New Canaan can explain how judges evaluate the children’s best interests and help parents develop a child-centered plan.
Many couples cannot agree on a settlement until the divorce proceedings are underway. A New Canaan contested divorce lawyer can represent you and protect your rights.
Our legal team can negotiate an acceptable settlement and provide knowledgeable advocacy in court. Contact our legal team today to schedule a consultation.
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