Pre Divorce And Divorce Process
If you’ve decided that you want to file for a divorce, you will now enter the divorce process. There can be a lot of uncertainty associated with the divorce process. This page will discuss many of the important aspects of the process that you should familiarize yourself with.
Before filing for divorce, determine if this is the best course of action for you and your family. This page has information about how to figure out if divorce should be your next step.
If you’ve determined that you want to file for divorce, there are a few steps that you can take to make the process easier. Consider the information on this page to get organized before filing for divorce and make sure that you are ready to file.
When you’re ready to file for divorce, the information on this page will guide you through the court process. Among other things, you will learn about:
- The basic timeline for Connecticut divorces.
- The court’s role in your divorce.
- Common mistakes and how to avoid them.
- Temporary orders that might occur while your divorce is pending.
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Factors in Divorce
If you’ve decided that you are ready to file for divorce, there are many different factors in divorce that you should be familiar with. Different fault factors might impact your divorce, even if you file for a no fault divorce (as most people in Connecticut do). Learn more about the following fault factors and how they might play a role in your divorce.
Irretrievable Breakdown of the Marriage
If there is no specific reason that you can point to as to why the marriage isn’t working anymore, you might be able to get a divorce on the grounds of an irretrievable breakdown.
Courts don’t want to grant divorces unless it is clear that the marriage is no longer working. A couple who has separated and lived apart for a significant amount of time proves to the court that their marriage is beyond saving. The separation indicates that they did not rush into this decision.
One common reason why couples get divorced is because one or both parties were unfaithful over the course of their marriage. A person can file a no fault divorce even when there has been adultery. The cause of the breakdown of the marriage is an element when considering the division of property/ alimony, etc.
A fraudulent contract can lead to either divorce or an annulment in Connecticut. This is because fraudulent contract implies that the marriage was based on lies or deceit. If this is the case, an annulment might be filed for.
Willful desertion is defined by the state of Connecticut as, “the willful absenting of one party to the marriage contract from the society of the other, coupled with the intention on the part of the absenting party to live apart, in spite of the wish of the other, and not to return to cohabitation.”
Seven Years’ Absence
If your spouse deserts you for seven years or more, you can file for divorce. This situation is much like that of willful desertion. Seven years’ absence is defined by no contact for that period of time.
Habitual intemperance is defined as an alcohol or drug addiction that prevents a person from carrying out their normal life and business for a large portion if not all of the time. This can damage a marriage by putting stress and burdens on the innocent spouse.
Many times parties file for a dissolution after a domestic altercation which leads to an arrest or a restraining order. If you think you are a victim of intolerable cruelty, learn more here.
Imprisonment For Life
When a spouse is imprisoned for life, the other spouse will be deprived of many things throughout their life. They won’t be able to receive the love and affection from their spouse on a daily basis. In addition, they don’t get financial support from their spouse. These reasons could lead to a divorce.
If your spouse has become mentally unstable over the course of your marriage, you can use this as a factor in your dissolution.
Learn more about these factors in divorce and others here.
Alternatives to Divorce/Litigation
Taking your divorce to court is not your only option. There are other ways that you can go through the divorce process. For some couples, an alternative to litigation will mean less stress, less money spent, and less time spent. Learn more about the following alternatives to litigation in this post.
If you’re not ready to file for divorce just yet, consider filing for a legal separation. This will allow you and your spouse to live independent lives, but if there is a chance of reconciliation, you won’t be divorced just yet.
An annulment is another alternative to divorce. Divorce and annulment have similarities, however, they are also two different procedures that can mean slightly different things. Learn more about an annulment here.
Common Law Marriage
Common law marriage is an informal form of marriage. Couples that have an informal marriage do not obtain a marriage license. Instead, they live together for a significant period of time and have the intention to marry. Without a license or a wedding, these couples can be considered married in some states because they act like they are married by living together and caring for one another.
Ex Parte Divorce
Sometimes, if you and your spouse both recognize that your marriage is over, one spouse will move before the divorce has officially taken place. Whether you or your spouse moves to a different state or a different country, you can still continue with the divorce with only one spouse present at the divorce court proceedings if you use the ex parte divorce.
Connecticut has recently implemented expedited divorce (also called non adversarial divorce) in the state. This is a faster divorce process than traditional divorce. See if you qualify or if this is something that you are interested by learning more here.
If you and your spouse agree to keep your divorce out of court, you can have a collaborative divorce. In this case, you and your spouse will each hire a lawyer, and with one another and your lawyers you will sit down and address the specifics of your divorce.
Mediation allows you and your spouse to sit down together and, with the help of a neutral mediator, work through your issues. Learn more about mediation here.
Arbitration is similar to mediation, but you see an arbitrator rather than a mediator. If you and your spouse decide to see an arbitrator to help you with your divorce, you must understand that the arbitrator can make decisions concerning your case.
Learn more about these alternatives to divorce and litigation here.
Dividing Debts & Assets
When it comes to divorce, dividing assets and debt can be difficult. Who is entitled to what property? Who has to pay debts accumulated during the marriage? These are common questions that couples ask when faced with divorce. It is important to note that couples can answer these questions by themselves. Couples are entitled to dividing property and debts out of court, if this is possible. However, if the case goes to court, a judge will divide these assets and debts for you.
The two major types of assets and debt are marital property and separate property. You can learn more about these types of property and how your property fits into these categories by viewing the full page.
In addition, you can learn about a few other important aspects of debt and property division. You can learn about equitable distribution laws and how Connecticut divides property according to these laws.
You can also learn about how important assets of yours will get divided in divorce. This includes the division of:
- Your home.
- Your retirement funds.
- Personal injury awards that you have received.
For more detailed information on this topic, please view our full page.
Child Custody & Child Support
If you have children, they will become the focus of many of your divorce proceedings. In this section, you can learn about two important things related to your children in divorce. These things are child custody and child support. Use this information to get your questions answered.
On this page, you will learn about:
- Sole custody and joint custody of your children.
- How custody is determined based on the child’s best interest.
- Legal custody vs. physical custody.
- Shared parenting.
- Termination of parental rights.
- Visitation rights.
- Types of visitation.
- How child support is calculated.
- Child support enforcement.
- Child support and moving out of state.
- State assistance and child support.
- Modifications of child support.
- Exceptions for paying child support.
Get detailed information on these topics and more by viewing this page.
Divorce & Children
If you have children, they will be one of the most significant aspects of your divorce. As a parent, you want to make sure that they are happy, healthy, and taken care of. While divorce presents a new way of life that your children will have to become accustomed to to, they will adjust. Here, you can find some aspects of divorce to consider to make sure that your children remain protected. Consider the following aspects of divorce and how they might affect your child.
Many parents decide that it is in their child’s best interest to be personally represented throughout their divorce. If you want to make sure that your child is protected, you should appoint a guardian ad litem or a lawyer for your child. You can learn more about the similarities and differences between these entities here. Then, you can use this information to determine which option is best for your child.
If you are worried about how your divorce will affect your child, this page also has information regarding the impact of divorce on children. Learn about what is normal behavior and what is not normal for your child to experience during or after the divorce. You can also learn how to reduce the negative effects of divorce on your children and help them through this process.
Another issue that parents oftentimes have after divorce is remaining close with their children. There are many barriers to this for many parents. Visitation issues and child feelings about the divorce are a few of them. Learn more about them on this page.
Other issues discussed on this page are:
- Mandatory parenting education classes in Connecticut.
- Divorce when you have a disabled child.
- Grandparents’ rights in divorce.
- Father’s rights.
- Paternity testing and custody/support.
- Divorce’s impact on adoption.
- Child dependency exemptions after the divorce is finalized.
- Child home state requirements and taking your child out of state.
- Parental kidnapping and Connecticut laws.
Get the full information that you need by reading the page on children and divorce.
Oftentimes, divorce does not signify a complete end for your relationship with your spouse. Your romantic relationship might be over. But, if you have children together, you will probably continue to be in each others’ lives for a long time. This happens as you continue to make decisions concerning your children. In addition, many spouses receive spousal support, also known as alimony, in divorce.
This does not necessarily mean that you have to see your ex spouse all of the time. But, you will still be financially connected to your ex. Spousal support isn’t black and white. It depends on many factors that contributed to your marriage and the breakdown of the marriage. Because of this, there are several different types of alimony. Understanding these types can help you know what you are entitled to or what you will have to pay.
Temporary support is a temporary order to help a spouse who doesn’t work maintain their standard of living while the divorce is pending.
This is a longer version of temporary support, allowing one spouse support while they search for a job or further their education.
Permanent alimony will continue until the death of one of the parties involved. Or it happens until the recipient of the spousal support remarries.
This is meant to reimburse one spouse for expenses paid for the other spouse. Generally, this is related to paying for schooling.
Other spousal support related issues discussed on this page are:
- Contempt of paying alimony.
- Waiver of alimony.
- How spousal support changes based on life changes.
You can learn more about these factors here.
Divorce & Other Factors
Many divorces include extenuating factors that affect them. On this page, you can find some additional factors that might affect a divorce. If you find yourself in one or more of these situations, it could complicate your divorce. As a result, it is in your best interest to contact a divorce lawyer.
You can learn more about factors such as the ones mentioned here.
Criminal Cases and Divorce
Criminal offenses can impact your divorce proceedings. They might result in restraining orders being taken out against the person facing charges. In addition, crimes such as DUI can impact child custody and other aspects of divorce.
Bankruptcy and Divorce
Debts owed for domestic support obligations, such as child support and alimony, are debts, and are included in bankruptcy cases. Other included payments constitute joint debts, attorney’s fees and costs someone must pay in a divorce decree. Payees include a child’s parent, guardian, your child or your ex spouse.
The Military and Divorce
Divorce can become more complicated if you are also a member of the military. Issues such as property division and where to divorce need to be addressed if you want to get a divorce and you are in the military.
Some couples choose to divorce in foreign countries. There are several reasons to go this route, for example, if you or your spouse has dual citizenship, if you want to protect your assets, or in order to have the divorce process go quicker. However, keep in mind that the United States does not recognize all foreign divorces.
If you face one of these factors in divorce, learn more here.
Hiring a Divorce Lawyer
While divorce can be difficult, there are ways to make the process much easier. The best thing that you can do in order to protect your assets and make the divorce process as stress free as possible is to hire a lawyer. But not just any lawyer. If you are going through a divorce, you need to hire a divorce lawyer. If you want to do everything in your power to file for divorce successfully, you need a divorce lawyer to help you through the process and advocate for you.
Here, you can learn about:
- Benefits of hiring a divorce lawyer.
- The best time in the process to hire a lawyer.
- The differences between family lawyers and divorce lawyer.
- Divorce lawyers for men.
- Divorce lawyers for women.
- Questions to ask your lawyer.
- Fees associated with hiring a lawyer.
Get all of the information that you need on divorce lawyers here.
Moving on from a divorce can be a difficult process. While your marriage is legally over, it will take time for you to emotionally and financially recover. There are many things to keep in mind as you get used to your new life. Here are a few topics that you might be struggling with as you begin the next chapter in your life.
Types Of Relationship With Your Ex
The divorce is over, and you’re probably relieved. However, if you have children with your ex spouse, your relationship will probably never truly be over. At least, for the sake of your children, it shouldn’t be. You need to communicate with your ex spouse to ensure that both of you are remaining involved in your child’s life and that you establish good parenting techniques. There are a few different types of relationships that you could have with your ex spouse.
Going Back To School
Divorce brings with it many changes. You have to adjust to a new routine no matter what the circumstances of your divorce were. You might be coping with single parenthood. In addition, you might be adjusting to a new house or apartment. You might find that you need to go back to work or take on a second job to support yourself. In the midst of all this change is one more monkey wrench to throw into the pile – considering going back to school.
Changing Your Name After Divorce
As a woman, you probably took your former husband’s last name when you got married. Now, you have to make yet another decision – keep his name, or return to your maiden name. Weigh your options with the information on this page.
Dating After Divorce
Divorce can be a difficult, hurtful process. You might feel as though you can never trust another person after your divorce is finalized, and feel hesitant about letting other potential partners into your life. It is normal to feel nervous about dating, explaining your divorce, or getting hurt again. However, divorce should not signify the end of your romantic life. Here are some tips that you can follow in order to start dating again in a stress-free way.
Moving On From Divorce
If you have recently been through a divorce, you are probably experiencing a whole range of emotions. At times you will probably feel relief, but no matter the circumstances of your divorce, you will probably also feel angry, depressed, afraid, and lonely. Find some tips for moving on emotionally here.
Post Divorce Living Arrangements
Who stays in the marital home? Where should you live after divorce? Consider your options here.
Relocating After Divorce
Thinking about relocating out of the state with your child or children? Will such a move impact the other parent’s visitation schedule? Relocating with children after or during a divorce carries a very high burden of proof. In most situations parents share joint legal custody of the minor child, meaning they both have the right to make decisions that affect the child’s life.
Integrating Families After Divorce
If you want to remarry after divorce, consider these tips for integrating your families.
Updating Your Will
A spouse is a large part in your life so chances are your ex husband or wife is a part of your Will and Estate Plan. Now that they are no longer in your life, you may want to consider changing your Will and Estate Plan.
Health Coverage After Divorce
Health coverage is just one of the many things that could change if you are going through a divorce. Consider your options here.
Just as married couples have specified taxes, so do people going through divorce.
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