ClickCease New Haven Divorce Lawyer | Marital Separation Attorney

New Haven Divorce Lawyer

Divorce proceedings can be difficult for those who are still recovering emotionally from ending a relationship. Negotiating property rights, child custody, and financial support can raise tensions between divorcing spouses.

Fortunately, one of our dedicated New Haven divorce lawyers can act as an intermediary between you and your spouse. Call today to learn how our family law attorneys can support you during marital dissolution proceedings.

Petitioning for Legal Separation and Divorce

According to state law, a person must legally reside in Connecticut for at least one year before requesting the finalization of a divorce in court. Alternatively, in order to seek a divorce in this state, the cause of the marital breakdown must have occurred in Connecticut after the parties moved to the state, or one spouse must have been a resident of Connecticut at the time of the marriage and then returned to the state to permanently reside before the time of filing for the divorce. Following the filing of the divorce action, there is a 90 day waiting period that must expire before for the court can enter a divorce decree, unless both spouses agree to waive the waiting period.

When seeking a divorce, the spouse filing must indicate the cause for the breakdown of the marriage. Connecticut General Statue § 46b-40 lists both “no-fault” and “fault-based” grounds for marriage dissolution. A person may file for a “no-fault” divorce if there is an irretrievable breakdown of the relationship, meaning that two parties cannot work out their differences. A “fault-based” marriage dissolution blames one spouse for the end of a marriage, such as if one party was unfaithful to the other. Individuals may file for marital dissolution for the following reasons:

  • Legal separation for at least 18 continuous months with no reconciliation
  • Willful abandonment of a spouse for at least one year
  • Spouse missing or presumed deceased for at least seven years
  • Long-term alcoholism or drug addiction
  • Intolerable cruelty
  • Confinement in a mental health facility or similar institution for at least five years
  • Felony conviction against the other spouse or life imprisonment
  • Fraudulent marriage contract
  • Adultery

What is the Difference Between Legal Separation and Divorce?

Couples can elect to separate before requesting a divorce. In a legal separation, spouses are required to list one of the above reasons for marital breakdown. They are generally permitted to live as single persons while determining whether to reconcile or end their relationship. A local attorney can help couples determine whether separation or divorce is the right step for them.

Requesting Temporary Financial Support in New Haven

When spouses prepare for divorce, they often separate their finances as well. However, supporting a household on one income is difficult, especially for people with children. During court proceedings, spouses can petition for temporary, or pendente lite, financial support.

In determining whether to order relief, the court may consider:

  • The length of the marriage
  • Both parties’ incomes
  • The employability of non-working spouses
  • The grounds cited for divorce
  • The petitioning party’s overall level of need

Judges may award one spouse temporary alimony or require a person to continue paying for the marital home. This financial relief generally continues until the court enters a final equitable property distribution agreement. An attorney in the area can help struggling spouses remain financially stable during divorce proceedings.

Issues Discussed During Marriage Dissolution Proceedings

Some of the most contentious topics of discussion during divorce litigation are property distribution, child custody and support determinations. Judges decide how to distribute marital property including shared homes, vehicles, furniture, land, and bank accounts, based on the specific circumstances of each case.

Though spouses may be able to settle property distribution, custody and support between themselves, a court still needs to approve the settlement as fair and equitable in order to issue the divorce decree. There are state guidelines that require parents to provide child support, and any negotiated arrangement will need to comply with these guidelines. A lawyer in New Haven can help co-parents understand the factors used to determine custody, visitation, and property rights in a divorce.

Work with a Compassionate New Haven Divorce Attorney

A family law attorney can help reduce the stress you may be feeling during your divorce proceedings. One of our New Haven divorce lawyers can help support you through the process of ending your marriage. Call our team today to speak with a legal professional about your case.

Dolan Divorce Lawyers, PLLC N/a