A divorce is a major life event that causes significant change, especially if you have children. Although it can be difficult, it is often the best choice when a marriage has broken down.
Once you decide to dissolve your marriage, you must determine whether you and your spouse can resolve your differences yourself or submit your disputes to the court for determination. One of our hard-working divorce attorneys can help you understand the implications of contested versus uncontested divorce in Southbury.
Marriage is a legal relationship. Therefore, a divorce undoes the legal connection between spouses. Accomplishing this requires the couple to untangle their financial affairs and decide how to co-parent their children. Engaging an attorney early in the process can help the Southbury spouses understand the issues they must resolve in the divorce. It can also help them decide whether they want to file for a contested or uncontested divorce.
A couple must reach a fair division of their marital property. Everything either spouse owns is considered marital property, unless specific assets have been set aside as separate property in a prenuptial agreement. Connecticut General Statutes § 46b-81 requires a judge to consider factors like the length of the marriage, each spouse’s resources, each party’s contribution to the marital property, and the reasons for dissolving the marriage when making property division decisions. A judge may award alimony after consideration of a list of statutory factors in situations where there is a notable disparity in net income between the spouses.
Parents must decide where their children will live, when they will spend time with the non-custodial parent, and how they will share or allocate decision-making authority. A formula determines child support in most cases. Ideally, the parents create a feasible parenting plan for their family and submit it to the court for approval. The judge will review the plan to consider whether it supports the children’s best interests. If the plan does so, the judge will issue it as an enforceable court order.
When a Southbury couple resolves all these issues before either party files the petition requesting the dissolution of the marriage, they can pursue an uncontested divorce. Uncontested divorces are generally faster, less stressful, and less expensive than contested divorces. An uncontested divorce also allows the spouses to maintain control of the proceedings rather than leave important decisions to a judge.
Some couples can negotiate directly with each other to find agreement on all the relevant issues. Other couples work with a mediator or divorce coach to find solutions to the issues dividing them. In either case, it is wise to have a lawyer review any agreements to ensure the parties understand the implications and confirm that they meet legal requirements.
When the couple has signed agreements resolving all the relevant issues, they submit them to the court with the petition seeking dissolution of marriage. A judge will review the agreements and can issue a final divorce decree within several weeks.
A divorce is contested when a spouse files the petition seeking marriage dissolution before the spouses have reached a divorce settlement. Many couples in Southbury have a contested divorce because one or both spouses are too angry or bitter to resolve outstanding issues with each other.
Most contested divorces settle before a case goes to trial. The spouses’ attorneys can often negotiate a resolution to their differences. If not, the judge can order the couple to try mediation in advance of trial. When the couple agrees to a settlement, they submit it to the judge for review and incorporation into a divorce decree.
A contested divorce is sometimes advantageous to one party. When there is clear evidence of marital misconduct, a Connecticut judge may consider the misconduct when dividing property and awarding alimony. Depending on the nature of the misconduct, it could also influence child custody decisions. A spouse considering a fault-based, contested divorce should discuss the risks and benefits with a legal professional.
An uncontested divorce is an attractive option in many cases, but it is not right for all couples. A spouse considering divorce should speak with a legal professional when choosing contested versus uncontested divorce in Southbury.
Whatever process you choose, you will need the guidance of a skilled and experienced divorce attorney. Schedule a consultation today.
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