Divorce is stressful, but knowing what the process looks like as you go through it can help alleviate some anxiety. However, the appropriate procedure depends on certain factors, such as whether you have children and if you and your spouse agree on a settlement.
Get an experienced family lawyer to guide you through the New Canaan divorce process. Our skilled divorce attorneys can learn about your situation, listen to your goals, and explain the best way to proceed.
A divorce dissolves a couple’s legal relationship and requires them to divide their property and assets. When the couple has minor children, they also must determine how they will co-parent them while living separately. Divorce is simpler, faster, and less expensive when the couple can agree on all the relevant issues beforehand.
In Connecticut, all property either spouse owns at the time of divorce is potentially marital property subject to division. A prenuptial or postnuptial agreement would govern property division, but if the couple did not make a marital agreement, they must divide the property equitably, considering all the relevant circumstances.
Connecticut General Statutes § 46b-56a requires parents to develop a parental responsibility plan describing how they will share time with the children, make decisions for them, and resolve disputes between themselves. The parenting plan also must cover child support. A compassionate family attorney can help a parent create a plan that meets the family’s needs.
Spouses must apply to a judge for a divorce. The process the couple uses depends on the issues they must resolve and whether they need the court to help them reach a settlement.
Conn. Gen. Stat. § 46b-44a allows couples who have been married fewer than nine years, have no minor children together, own no real property, and meet additional requirements to access a simplified divorce process. A New Canaan lawyer could explain whether spouses qualify for the non-adversarial divorce process.
If so, the couple can file a joint petition for divorce in the county where one of the spouses resides. They must also file affidavits and their settlement agreement, if any, at the same time. If the documents are in order, there is no court hearing, and a judge could issue a divorce decree 35 days after the filing.
An uncontested divorce is available to couples who do not need the court’s intervention to decide property division, alimony, child custody, and child support. The legal proceedings are faster and may be less expensive, but the couple may devote considerable time and expense to negotiating agreements before they initiate legal proceedings.
The couple creates a written settlement agreement addressing all the relevant issues before either spouse files for divorce. Some New Canaan couples can negotiate these agreements without help, but others work with a mediator or utilize the collaborative divorce process to reach agreements.
The couple files for divorce and includes the written settlement agreements with the petition. The judge must review the agreements and evaluate the parenting plan to ensure it serves the children’s best interests. The couple can request that a judge approve the settlement agreement without holding a hearing.
A divorce is contested when a spouse files a petition for divorce before the couple has reached a settlement. When a spouse files for a contested divorce, a Connecticut judge will issue orders requiring the couple to maintain the status quo and not transfer any marital property without the other spouse’s consent.
A judge will order the parties to make financial disclosures to each other, which each side will review, verify, and use as the basis for negotiations on property division and alimony. The couple also must submit affidavits regarding their children and negotiate a parenting plan.
If the couple cannot negotiate an agreement, the judge may order them to try mediation. When these attempts are unsuccessful, the judge will schedule a trial. A lawyer can present evidence and make legal arguments to persuade the judge to decide the remaining issues in accordance with a spouse’s desired result.
Knowing your options and what to expect can make a significant difference in the choices you make when you divorce. Consult a dedicated attorney to explain the New Canaan divorce process and help you decide how to proceed.
There is no substitute for sound legal advice. Get started by scheduling a consultation today.
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