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Connecticut - Divorce FAQ's

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By Rutkin & Oldham, L.L.C.

Published:  July 17, 2004

How long do I have to live in Connecticut before I get a divorce?
Generally speaking, you have to be here at least 12 months.

Are there any exceptions?
Yes. You may file immediately, but final judgment may not enter until you have been a resident of Connecticut for 12 months.

What if my spouse lives in another state?
That makes your case more complicated, but you can get your divorce here in Connecticut.

What kinds of complications?
First, you need to "serve" divorce papers on your spouse out of state. "Serving papers" means giving official notice.

How do I do that?
By asking the court here in Connecticut for permission to serve papers in a couple of ways intended to give your spouse actual notice of the divorce.

For example?
You may have to hire a local constable or process server in your spouse's home state. Sometimes you also send copies by certified mail to your spouse's residence and publish a legal notice in a newspaper selected by the court, if you don't know where your spouse is.

I can manage that. But is it expensive?
It depends on what the local constable charges, but usually fees are under $100. Publishing a legal notice can be expensive. Depending on the newspaper, you can spend $100 or several times that amount.

That reminds me, what about legal fees and other costs?
Lawyers usually charge by the hour. In this area, fees range from $150.00 an hour to $400.00 an hour. Court filing fees are $150.00. According to a recent study, the average divorce costs $18,000 in major metropolitan areas of the United States.

That is a lot a money! Can I represent myself?
Absolutely, but you would be wise to consult an attorney if you have children and assets.

Can I hire a lawyer on a contingent fee basis?
No. Local disciplinary rules prohibit lawyers from taking divorce cases on a contingent fee basis.

I'm short on cash. My spouse has all of the money. How can I hire a lawyer?
Ask your spouse to pay your legal fees.

All things considered, my spouse and I get along, but we're not that friendly.
Then ask the court to order your spouse to pay. If you have children, you should consult a lawyer.

What can a lawyer tell me about my own children?
Well, the lawyer tells you about parental rights and responsibilities. For example, in Connecticut parents have a duty to support children until the age of 19 or until they graduate from high school, which ever first occurs.

I didn't know that! I thought children were supported until they turned 18. What else can the lawyer tell me?
Every state has a set of child support guidelines.

Then there shouldn't be any surprises.
Ideally, but lawyers still come up with arguments persuading the courts to deviate from the guidelines. Also each state has a different set of guidelines.

How much child support would I get here in Connecticut for my daughter, 7 years, and my son, 5 years?
Tell me how much income you have, including interest and dividends. I also need to know your spouse's income, and the cost of child care and family medical insurance.

Can I get alimony, too?
Possibly. Tell me whether you work outside the home, what you and your spouse earns, what the education levels and work experience is of you and your spouse.

What happens if my spouse and I agree on everything? Do we still need a lawyer?
That depends. Settlement is the best option, but you should consider hiring a lawyer to review the papers before you sign. By the way, one lawyer cannot represent both husband and wife, even if they agree on everything.

Why not?
If we get along, we don't need two lawyers. Perhaps not, but any ethical lawyer will tell you that one lawyer cannot represent both husband and wife, even if they agree. You and your spouse have possible areas of conflict.

Give me an example.
Your spouse may be paying a lot of money in child support, but cannot claim the children as dependents unless you sign an IRS form.

And one lawyer can't possibly take my side and my spouse's at the same time.
Exactly.

What about mediation?
Mediators usually recommend that the parties review the settlement with independent counsel before signing.

There's no getting away from lawyers.
Perhaps not, but you can control legal fees, especially if you use a mediator.

Is a no-fault divorce cheaper than a fault divorce?
Not necessarily. Most people are not fighting over the reason for the divorce. They fight over the property, alimony, child support, custody, and visitation.

Can I get more money if my spouse is at fault?
Probably not. In Connecticut the conduct or fault of the parties is one of many factors considered by a judge before dividing assets and awarding alimony.

Assuming my spouse and I agree on everything, how soon can we be divorced?
There is a mandatory 90-day waiting period. Generally the fastest possible time for a divorce is four to five months.

And if we don't agree?
Your divorce can take nine months to two year depending on trial schedules, discovery, cooperation, etc.

I had no idea it could take so long. What happens if I need child support or my spouse and I can't agree on visitation?
You should file your complaint for divorce and motions (written requests) for temporary orders of support and visitation.

Do I have to go to court?
Yes. In Connecticut, you appear in court at the motion session. Your spouse should be notified at least 12 days before the hearing and should have a chance to be in court.

We both tell our side of the story?
Yes, or your attorneys speak. The court then makes a decision and issues temporary orders.

Why are the orders temporary?
The orders are temporary until the court enters a divorce judgment and final orders.

Last modified:  March 17, 2005 - 12:47 PM


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