Divorce in Connecticut: The Legal Process, Your Rights, and What to Expect - Softcover

Bauer, Reneé

Softcover

ISBN 10: 1938803868 ISBN 13: 9781938803864

Verlag: Addicus Books, 2014

Inhaltsangabe

Providing accurate and objective information to help make the right decisions during a divorce in Connecticut, this guide provides answers to 360 queries such as What is the mediation process in Connecticut and is it required? How quickly can one get a divorce? Who decides who gets the cars, the pets, and the house? What actions might influence child custody? How are bills divided and paid during the divorce? How much will a divorce cost? and Will a spouse have to pay some or all attorney fees? Structured in a question-and-answer format, this divorce handbook provides clear and concise responses to help build confidence and give the peace of mind needed to meet the challenges of a divorce proceeding.

Über diesen Titel

Über die Autorin bzw. den Autor

Reneé C. Bauer, Esq., attended Suffolk University Law School in Boston, Massachusetts and earned an undergraduate college at the University of Connecticut where she was active in the Connecticut Public Interest Research Group and she was elected as legislative liaison for the state of Connecticut. She lives in Hamdem, Connecticut.

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Divorce in Connecticut

The Legal Process, Your Rights, and What to Expect

By Reneé C. Bauer

Addicus Books, Inc.

Copyright © 2014 Renée C. Bauer
All rights reserved.

ISBN: 978-1-938803-86-4

Contents

Acknowledgments, 
Introduction, 
1 Understanding the Divorce Process, 
2 Coping with Stress during the Divorce Process, 
3 Working with Your Attorney, 
4 Attorney Fees and Costs, 
5 The Discovery Process, 
6 Mediation and Negotiation, 
7 Emergency: When You Fear Your Spouse, 
8 Child Custody, 
9 Child Support, 
10 Alimony, 
11 Division of Property, 
12 Benefits: Insurance, Retirement, and Pensions, 
13 Division of Debts, 
14 Taxes, 
15 Going to Court, 
16 The Appeals Process, 
17 What Happens after the Divorce?, 
In Closing, 
Resources, 
Glossary, 
Index, 
About the Author, 

CHAPTER 1

Understanding the Divorce Process

Going to court is daunting and the legalese you will read and hear throughout your divorce may be confusing and intimidating. At a time when your life can feel like it's been turned upside down and inside out, sometimes the smallest bit of predictability can bring a sense of comfort. The outcome of many aspects of your divorce may be unknown, but the divorce process is predictable.

Most divorces proceed in a methodical manner. Despite the unique facts of your divorce, you can generally count on the phases of your divorce following a standard sequence. Sometimes understanding the step-by-step process can reassure you that your divorce will reach an end.

If you develop a basic understanding of the divorce process you will lower your anxiety when your attorney starts talking about "pretrials" or "depositions." An understanding of the divorce procedure can reduce your frustration about the length of the process because you understand why each step is needed. Most importantly, understanding the divorce process will make your experience of the entire divorce easier. Yes, that is possible.

1.1 What should be my first step for getting a divorce?

Find a law firm that handles divorces as a regular part of its law practice. The best recommendations come from people who have knowledge of a lawyer's experience and reputation.

Even if you are not ready to file for divorce, call to schedule an appointment right away to obtain information about protecting yourself and your children. Even if you are not planning to file for divorce, your spouse might be.

Ask what documents you should take to your initial consultation. Make a list of your questions to take to your first meeting.

1.2 Must I have an attorney to get a divorce in Connecticut?

You are not required to have an attorney to obtain a divorce in Connecticut; however, if your case involves children, alimony, significant property, or debts, you should avoid proceeding on your own.

If your divorce does not involve any of these issues, call your local courthouse to see whether there is a self-help desk available to provide assistance. A person who proceeds in a legal matter without a lawyer is referred to as being pro se, on one's own.

If you are considering proceeding without an attorney, at a minimum, have an initial consultation with an attorney to discuss your rights and duties under the law. You may have certain rights or obligations you are unaware of. Meeting with a lawyer can help you decide whether to proceed on your own.

1.3 Is Connecticut a "no-fault" state or do I need grounds for a divorce?

Connecticut, like most states, is a "no-fault" divorce state. This means that neither you nor your spouse is required to prove that the other is "at fault" in order to be granted a divorce. Factors such as infidelity, cruelty, or abandonment are not necessary to receive a divorce in Connecticut. Rather, it is necessary to prove that the marriage has "irretrievably broken down" to have it dissolved.

At the final hearing, the testimony of either you or your spouse that your marriage has irretrievably broken down is sufficient evidence for the court to rule that the marriage should be dissolved.

1.4 How will the judge view my or my spouse's infidelity?

Because Connecticut is a no-fault divorce state, a spouse's infidelity is irrelevant if an agreement is reached between the parties; however, if a trial is necessary, a judge can determine whether one party was more at fault for the breakdown of the marriage than the other party. If fault is found to be a factor in the cause of the breakdown, a judge can adjust his or her orders accordingly.

The Divorce Process

• Obtain a referral for a lawyer.

• Schedule an appointment with an attorney.

• Prepare questions and gather needed documents for the initial consultation.

• Meet for the initial consultation with attorney.

• Pay retainer to attorney and sign retainer agreement.

• Provide requested information and documents to your attorney.

• Take other actions as advised by attorney, such as opening or closing financial accounts.

• Attorney prepares complaint for divorce and files complaint with the court.

• Attorney has the other party personally served with the divorce papers or the other party (usually his or her attorney) acknowledges service of the complaint.

• The other party files an appearance, answer, or answer and counterclaim to the complaint of divorce.

• If there are minor children, parties attend parent education class, develop a parenting plan, or participate in mediation.

• Both parties prepare financial statements, setting forth their incomes, assets, debts, and the budget for the family during the marriage.

• The court schedules a case management conference for purposes of entering a scheduling order as to the time line of the case.

• Motions are filed if the parties cannot agree on support, custody, and other temporary arrangements pending a divorce. The parties and counsel may meet for settlement conferences to resolve those issues.

• Both sides conduct discovery to obtain information regarding all relevant facts, and obtain valuations of all assets, including expert opinions, if needed.

• Each party confers with his or her attorney to review facts, identify issues, assess strengths and weaknesses of case, review strategy, and develop proposal for settlement.

• Spouses, with attorneys, attempt to reach agreement through written proposals, mediation, settlement conferences, or other negotiation.

• If the parties cannot reach an agreement, the parties attend an early settlement and receive a recommendation as to a fair settlement in their case. The recommendation of the early settlement pretrial is nonbinding.

• The parties attend economic mediation to resolve any financial disputes for which there is no agreement.

• The parties reach an agreement on all issues and the agreement is memorialized in a document signed by both parties and the attorneys for both parties.

• OR

• The parties try their case before a trial court judge who makes a decision on all disputed issues in the case.

1.5 Do I have to get divorced in the same state I married in?

No. Regardless of where you were married, you may seek a divorce in Connecticut if the jurisdictional requirements of residency are met. The...

Details zur Ausgabe

• Verlag: Addicus Books
• Erscheinungsdatum: 2014
• Sprache: Englisch
• ISBN 10: 1938803868
• ISBN 13: 9781938803864
• Einband: Taschenbuch
• Anzahl der Seiten: 238
• Kontakt zum Hersteller: Nicht verfügbar
• Verantwortliche Person: Nicht verfügbar