More Information
A dissolution of marriage is almost always upsetting and delicate in nature. Every case is different and will require individual attention. However, the following general information will help you understand the court process and answer some questions you may have.
1. "DIVORCE" AND "DISSOLUTION OF MARRIAGE"
Connecticut statutes employ the legal term "dissolution of marriage" to mean divorce. While the two terms may be used interchangeably in informal discussions, legal documents will use "dissolution of marriage."
2. "NO-FAULT" DISSOLUTION OF MARRIAGE
The only practical effect of Connecticut's relatively new "no-fault" dissolution of marriage law is that it is now only necessary to prove that a marriage has broken down irretrievably to obtain a divorce. However, other causes for the breakdown of the marriage, such as intolerable cruelty, habitual intemperance, or adultery, may be brought to the court's attention and may be considered by the court in determining the award of property and alimony, if any.
3. COMMENCEMENT OF SUIT
A dissolution of marriage action is started by one party filing with the court legal papers called a "summons" and a "complaint". The party filing is called the "plaintiff" and the other party the "defendant." Before filing the summons and complaint with the court, the plaintiff has these papers served on the defendant by the marshal.
The summons tells the defendant that he or she is being sued for dissolution of marriage. The summons also states a "return date" by which the defendant must file with the court an "appearance" which is a legal paper stating the name of the defendant's attorney or whether the defendant will act as his or her own attorney. It is not necessary for anyone to appear in court on the return date.
The complaint states the date and place of the marriage, the number of minor children that the parties have, the reason for the dissolution, and whether either of the parties have received state support. The complaint also states the relief sought by the plaintiff, such as alimony, child support, custody and counsel fees.
4. LENGTH OF TIME CASE WILL TAKE TO FINALIZE
Connecticut law provides that ninety days must pass after the return date before a dissolution action can proceed to a final hearing. Because the courts must process a great number of dissolution cases, about the earliest a case can be heard is four months from the date of the sheriff's service.
There are many other factors that may delay a case, especially when the parties cannot reach a settlement and it is necessary to have the court decide the custody of minor children, the division of property, the amount of support or alimony, and other matters. Disputed cases can take a year or longer to finalize.
5. FINANCIAL AFFIDAVIT
At the time of the final hearing, and at any other time in which there is a court hearing regarding financial orders, the parties must submit to the court financial statements sworn to and signed under oath. At the beginning of your case, you will be given a financial affidavit form and asked to complete it. You will also be asked to supply pay stubs, copies of income tax returns, and any other financial documentation you may have. Whenever you go to court on financial matters, your financial affidavit should be updated. Your spouse's attorney will have the opportunity to cross-examine you about your financial affidavit. He/she may subpoena your employment, banking and other financial records and compare this information with what you have stated on the affidavit.
Note that the line immediately above your signature on the financial affidavit states: "I hereby certify that the foregoing statement is accurate to the best of my knowledge and that I can, if requested, submit documentation for all assets, liabilities, and expenses listed above."
6. AUTOMATIC ORDERS
When a lawsuit for dissolution of marriage is filed, certain automatic orders go into effect. Neither party can sell, mortgage or give away property. Neither party can go into unreasonable debt. If there are children, each party must have access to the children, unless the Court orders otherwise. Beneficiaries and named insured cannot be removed from insurance policies (health, car, life, etc) and policies can't be terminated. These orders are effective for the Plaintiff upon the attorney signing the Complaint and for the Defendant when he/she is served. Failure to abide by these orders can lead to a finding of contempt of Court.
7. TEMPORARY ORDERS
After the lawsuit is started, either party may ask the court for orders which, if entered, will be in effect until the final hearing. These temporary orders are often called by their Latin name, "pendente lite," which means "during the litigation." A party must file a motion with the court stating what pendente lite orders are sought. A hearing will then be scheduled at which the parties must appear. The court will rule on the motion after hearing argument and perhaps testimony.
The most common pendente lite orders are for custody of the children, alimony and/or support, and exclusive possession of the home. These orders may be modified before the final hearing. Failure to follow these orders will make a party liable to be charged with contempt of court.
8. NEGOTIATIONS AND AGREEMENTS
Once it is determined what you want in regard to a settlement, and once the financial and other information needed about your spouse is obtained. A negotiated settlement is attempted. All agreements must be approved by the client and must be in your best interests.
9. FINAL HEARING
Dissolution of marriage cases can be set down for a final hearing on any one of three lists. Cases where the parties have reached a settlement go on the uncontested list and the hearing of reporting the agreement to the court for approval. Cases where the parties dispute custody of the children are set down on the contested list. If custody is not an issue but the parties dispute the division of their assets or the amount of alimony or support, cases are heard on the limited contested list. Contested and limited contested hearings usually turn into negotiating sessions. A family relations officer may meet with the parties individually and jointly, with and/or without their attorneys, to attempt to reach a settlement. If the parties settle, their agreement will be submitted to the court for approval. If the parties cannot settle, the court will set a trial date, which may be several weeks or months later, depending on the estimated length of the trial and the availability of court time.
10. ASSET DISTRIBUTION
The court considers the following in determining the division of the parties' assets: the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties, the opportunity of each for future acquisition of capital assets and income, the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates.
11. CUSTODY
Cases that involve disputes over custody of children are the most difficult for the client to live through and for the attorney to try. The court usually will assign a family relations officer and sometimes an attorney for the minor child to investigate the case and to offer recommendations. There may also be reports submitted by psychiatrists, psychologists or social workers, either ordered by the court or hired by the parties.
The court, based on what is believes to be the best interest of the child, will usually enter orders of sole custody or joint custody with the children's principal residence with one of the parties. The non-custodial parent is usually granted rights of visitation, that depending on the circumstances, may be either specific or general.
12. ALIMONY, CHILD SUPPORT AND UNALLOCATED FAMILY SUPPORT
The court has the power to order one spouse to make payments to the other. Alimony is paid to maintain the other spouse and can be paid in one lump sum or periodically.
Child support is paid periodically to the spouse who has custody of the children to maintain the children. Unallocated family support is paid periodically to the spouse who has custody to maintain the spouse and the children.
There are important federal income tax considerations involved in regard to these payments. The spouse making alimony or unallocated family support payments may deduct these from taxable income, while the recipient of alimony or unallocated family support must declare these payments as income. Child support is not deductible by the payor nor taxable to the recipient.
13. PARENTING EDUCATION
The Connecticut Legislature has mandated that parents of children going through the dissolution of marriage process take part in a " Parenting Education Program" . The purpose of this program is not to teach you how to parent, but to teach you how to be a " divorced parent" . In other words, the program will teach you the ramifications to your children of your divorce, especially if you decide to disparage and castigate the other parent for real or imagined wrongs in front of your children. The program will also teach you how your children may react to your decision to divorce, including how they may attempt to pit you against your spouse not only to obtain a goal but also to attempt to punish you for your action.
This program has been in existence for over five (5) years and participants have over-whelmingly reacted positively to the program. I will be forwarding you information about the program shortly. It is suggested that the parties attend the same program in order that the most benefits are attained. The cost for this program is $100.00.
14. WILLS AND LIFE INSURANCE
Under Connecticut law, a dissolution of marriage invalidates any will you may have. To protect yourself and the interests of your loved ones, it is important that you have a new will drawn up after the divorce.
The dissolution of your marriage, however, will not affect the beneficiary of any life insurance policies you may have. If you wish to make any changes on your life insurance policies, I suggest that you contact your agent.
15. ENFORCING COURT ORDERS
When a spouse fails to follow a court order whether it relates to alimony, support or visitation, there is a mechanism called "contempt" to which I may turn. By this process the court is directed to the need for enforcement and may enter such compelling orders as are needed, including monetary fines and, in some instances, incarceration. Should your spouse not follow a Court order, please bring that to my attention immediately.
16. MODIFICATION OF FINAL ORDERS
Either party may come back to court after the final judgment has been entered and request an increase or decrease in alimony or support, except the parties may stipulate in an agreement at the time of the final hearing that alimony cannot be modified. The party seeking the change must prove that there has been a substantial change in circumstances since the time of the dissolution.
Custody of the children may be modified at any time after the judgment if there is a substantial change of circumstances affecting the best interests of the children.
