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Divorce - General, Laws and Process
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We know that approximately one half of all marriages end in divorce. What is new is the myriad of ways in which couples can become legally divorced – the types of processes available, and the different professionals who can help in these processes.
Traditionally, when one contemplates divorce, the first phone call is to a divorce attorney. And when on thinks about it, that makes sense since by definition, divorce is a legal action. One "party" "serves" another with a legal document. Sometimes it is stated that one party "sues" for divorce. Parties need to complete "financial affidavits." Divorce is finalized via a "decree" or an "agreement" - all legal documents.
In a recent Superior Court decision, a wife’s post judgment motion for contempt was granted where a husband failed to comply with his alimony obligation.
In a recent divorce action pending in the Judicial District of Stamford at Norwalk, the court awarded a wife alimony and child support based on the husband’s earning capacity even though he was unemployed at the time of trial.
In a recent post judgment divorce action, the Court denied a husband’s motion to modify alimony despite his loss of employment.
In a recent post judgment divorce action, a physician was successful in obtaining a downward modification to his alimony obligation due to a substantial decrease in his income.
In a recent decision rendered in the Superior Court for the Judicial District of Stamford, the Court awarded to a wife her husband’s interest in three separate limited liability companies.
In two related cases before the United States Bankruptcy Court for the District of Connecticut, the Bankruptcy Court upheld a debtor-wife’s right to claim a homestead exemption in the primary residence that she owned and occupied as of the bankruptcy petition date, even though the post-petition divorce decree required the debtor-husband to buy out her interest in the residence.
Earlier this year, the Appellate Court of Connecticut rejected an appellant husband’s claims that Connecticut courts lacked subject matter jurisdiction over the dissolution action brought by the appellee wife.
In a recent post-judgment divorce action, the Superior Court of Connecticut, Judicial District of Fairfield at Bridgeport considered whether to grant a plaintiff wife’s motion to enjoin the defendant husband from spending recently-obtained monies.
In a recent divorce action, the Appellate Court of Connecticut found a prenuptial agreement unenforceable due to a sunset provision, which did not violate public policy concerns surrounding incentivizing divorce actions.
In a recent divorce action, the Superior Court of Connecticut, Judicial District of Fairfield at Bridgeport considered the distribution of assets and property in a high-income marital dissolution matter.
In a recent divorce action, the Superior Court of Connecticut, Judicial Branch of Fairfield at Bridgeport considered a plaintiff husband’s claims that he and his wife signed a valid prenuptial agreement and, as such, any awards by the court inconsistent with the agreement’s terms would be improper.
In a recent divorce action, the Appellate Court of Connecticut reversed, in part, a trial court’s awards of alimony, child support, and lump sum property settlement without regard to the terms of a validly executed antenuptial agreement.
After a divorce decree has been entered, the circumstances of the former spouses or children may change, creating a need to modify the original support award. The most common reasons for requesting a modification are financial - especially in the current economy, where many people have had their work hours reduced, been laid off or lost their jobs.
Effective August 1, 2005, the Child Support Guidelines changed dramatically. The former guidelines were based on economic data from 1999 and the guidelines themselves have a review process that includes consideration of more recent economic data.
The economic downturn has caused individuals to question whether retaining an attorney for full representation and litigating their divorce is really the best option for their family. It took an economic collapse for divorcing parties to seek alternatives to the traditional, adversarial and costly model of divorce. The availability of information via the internet has created a more educated, savvy and frugal client.
The latest statistics in the State of Connecticut indicate that due to the recession and increasing hourly rates charged by lawyers, over fifty percent of family law litigants are entering the family courts without an attorney. Self-represented parties are not just people who fall into a low income bracket but include middle class litigants experiencing unfavorable economic conditions who cannot afford a traditional full-service family attorney.
Regardless of the economic climate in the United States, marriages still fail and divorces occur. When a couple chooses to end their marriage, complex legal and emotional issues are involved. These situations are never easy and can become more difficult when involving complicated matters such as child support, spousal maintenance and high-end property division. If you are facing a complex divorce, speak with a family law attorney knowledgeable in these matters to learn more about your legal options and answer any questions you may have.
Limited Scope Representation, also referred to as Legal Coaching, is an affordable way for individuals to represent themselves while working with an Attorney whose experience, guidance and knowledge helps ensure that their rights are protected, they have the information needed to make good choices, and the confidence to navigate through what can be a complex and intimidating court system.
Financial and emotional challenges of divorce are frequently difficult. Making avoidable mistakes may well result in emotional and financial destruction. Here are mistakes many people going through divorce often make - mistakes that can cost you a fortune.
Connecticut is known as a no-fault divorce state. In fact, almost all of the states in this country now have provisions for no-fault divorce. While controversy will continue to exist as to whether no-fault divorce provisions have led to the downfall of marriage in the United States, the question is ... doesn’t fault always matter?
The complaint sets forth the names of the parties, the maiden name of the wife, the basis of the courtís, the names and birth dates of the minor children, the grounds, whether a party has received public assistance, and the relief requested. The court can award alimony, an assignment of property, child support, custody, restoration of the wifeís maiden name, and any other appropriate relief.
Connecticut requires a pure "equitable distribution" of the property. This means that all property of the parties is subject to distribution. This includes property that was acquired before the marriage. When dividing property, the court considers the length of the marriage, the cause for the divorce and whether either party is at fault, the age, health, occupation, and employability of each party, the needs of each of the parties, and the contribution of each of the parties in the acquisition, preservation or appreciation value of the property.
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