Frequently Asked Questions
Is Connecticut a community property state?
No. Connecticut is an "equitable distribution" state. This means that the judge can distribute any assets of either party in the manner he or she finds "equitable" under all the circumstances of the case.
What is a Separation Agreement?
A Separation Agreement is the traditional means of memorializing a settlement in dissolution cases. The agreement is drafted by the parties' legal counsel, and then acknowledged and signed by the parties. The agreement provides for all of the financial arrangements (alimony, child support, real and personal property, counsel fees, etc.) to which the parties have agreed, as well as for the custody and visitation of children, waiver of rights in future property (including estate rights), and other matters. If the parties have settled their case by agreement, the case is considered "uncontested" and a hearing is scheduled. At the hearing, the court inquires into such matters as jurisdiction, whether the grounds have been proven and whether the agreement is fair and equitable to both parties in light of their resources and needs. The courts favor private resolution of disputes, and in the interest of public policy the parties' agreements are almost always approved.
What is dissolution?
It is the termination of a marriage. In Connecticut, divorce is referred to legally as "dissolution of marriage." Connecticut is a "no-fault" divorce state, which means that you do not need to prove marital "fault" in order to obtain a divorce.
What is involved in starting the process for a divorce or dissolution?
The first step would be the filing of a properly executed complaint with the appropriate court. The court must have what is called subject-matter jurisdiction which would entail satisfying the requirements of residency or domicile within the state and county dictated by the statute. Without this threshold requirement being met the court would not have the jurisdiction to hear the matter and execute an order or decree of divorce, or dissolution, or like orders terminating the marital state.
How are child custody issues handled?
Connecticut has a statutory presumption in favor of joint custody when the parents agree to it, and follows the "best interests of the child" standard in making a custody award. The child's preferences and the cause for the dissolution of the marriage may also be considered.
In contested custody matters, a guardian-ad-litem and/or an attorney may be appointed to represent the minor child, at the expense of the parents. Disputed matters are referred to the Family Services Office for mediation and/or a custody study.
What about visitation?
Generally a court will grant reasonable visitation rights to a parent unless it is shown that the visitation will be detrimental to the best interests of the child. A non-parent can in the discretion of the court also be granted if they have an interest in the welfare of the child, and there is a case pending before the court; this is generally divided into the area of grandparents, step-parents and other non-parents. It should be noted that this is discretionary. The court may also approve visitation plans and restrictions considering factors relevant to the best interests of the child.
How can a parent remedy the frustration of visitation rights?
A variety of remedies are available to provide relief to the non-custodial parent who has had visitation rights frustrated. The non-custodial parent can bring a motion for contempt for violating the court's order pertinent to visitation. Usually a history of frustration of visitation is the threshold which must be shown the court, not a sole incident.
What is Child Support?
Child support is a payment by one parent (often the non-custodial parent) to the other parent for the support of their common child. It is in the best interest of a child for both parents to be obligated to pay for the support of their child. An order for child support transfers the income/wealth from one parent to the other so that the combined incomes/wealth of both parents is available to use for the support of the child.
What is Child Support used for?
Child support covers everything a child needs, and even more, during the child's minority. Keep the following in mind:
A parent's first and principal obligation is to support his or her minor children according to the parent's circumstances and station in life; and
Children should share in the standard of living of both parents. Thus, the amount of a child support award is more than a question of bare necessities.
Children should share in the standard of living of both parents. Child support may therefore appropriately improve the standard of living of the custodial household to improve the lives of the children. Children are entitled to share in non-custodial parent's elevated standard of living despite custodial parent's substantially lower income. Awarding supported children a percentage of a non-custodial parent's future bonuses ensures they will share in his standard of living.
How is the amount of the Child Support determined?
Federal law now requires that the amount of a child support payment be set in accordance with a guideline. Having a guideline is believed to prevent widely different amounts of child support being ordered from courtroom to courtroom. Guidelines provide an objective basis for the determination of the amount of support to be paid. As a result, Connecticut has established formulas that are used to determine the amount of the payment from one parent to the other.
Am I responsible for paying child support?
Connecticut requires both parents to support their children in accordance with their respective abilities.
Does my divorce/dissolution decree protect me if my ex-spouse has filed for bankruptcy and she has listed me as a co-signer on a Schedule D?
If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the property even though the dissolution decree assigns the debt to your ex-spouse. Depending on the terms of your dissolution decree, you may be able to have certain support obligations under it determined to be non-dischargeable by the bankruptcy court or in state court. If you find out that your ex-spouse has filed for bankruptcy, you should seek legal advice to find out your possible obligations.
