If you have decided to get a divorce in New Canaan, it is essential to understand the requirements. Depending on your situation, you may need to delay filing your papers in court.
An experienced divorce attorney can ensure your proceedings go as quickly and efficiently as possible. They will discuss your situation, listen to your goals, and create a strategy to help you meet them. Call our law office today to schedule an initial consultation.
Establishing the court’s jurisdiction over a divorce is an essential first step. Connecticut General Statutes § 46b-44 allows a couple to divorce in local courts if one of the spouses has lived in the state for at least one year before the filing.
Some couples can divorce in Connecticut even when neither spouse can meet the residency requirements. When a couple marries in the state and moves away, a spouse could move back with the intent to stay permanently and file for divorce, even if it has not been a full year since they returned.
A court also has jurisdiction if the event or circumstances that caused the divorce happened sometime after one of the spouses returned to the state.
When none of the exceptions apply, a couple must wait to file for divorce until one spouse fulfills the residency requirement. In that situation, the couple can work with a New Canaan divorce lawyer to resolve the issues they must settle while waiting to fulfill the residency requirement.
A couple must have legally recognized grounds to dissolve their marital relationship. Connecticut law offers two no-fault grounds and eight fault-based reasons to end a marriage.
When a spouse cites a fault-based reason for ending a marriage, they must provide evidence to prove the ground, including the following:
A New Canaan attorney can explain the proof required to establish a fault-based ground for divorce in a specific case.
When a spouse wishes to cite no-fault grounds, they can claim that the marriage is irretrievably broken or the couple has been separated for 18 continuous months with no chance of reconciliation. Citing no-fault grounds can lead to a faster and less expensive process and in certain circumstances may be the wiser choice even when a spouse has committed misconduct.
A Connecticut judge cannot issue a divorce decree until the spouses have divided their property, decided whether one will receive ongoing financial support, and made acceptable custody and support arrangements for their children. If possible, it is beneficial for the spouses to negotiate a settlement.
Many couples use a mediator to help them reach an agreement. A mediator is a neutral third party who facilitates constructive discussion and helps focus the negotiations. Other couples find the team-based approach of collaborative divorce helpful. In traditional litigation cases, the spouses’ legal representatives negotiate on behalf of their clients.
A judge will schedule a divorce trial when a couple cannot reach an out-of-court settlement. A lawyer will present compelling evidence supporting an outcome that serves the spouse’s goals. However, a couple maintains more control and is more likely to be satisfied with the outcome when negotiating a settlement without judicial involvement.
A divorce is not legally binding until a judge issues a decree dissolving the marriage. You must satisfy several conditions to access the legal system and obtain a divorce.
Speak with an experienced family law attorney about New Canaan divorce requirements. Reach out today to get started.
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