Divorce FAQs: Answers to Common Questions About Separation and Legal Processes
Divorce is a life-changing event, and the legal processes surrounding it can often feel overwhelming. Many individuals facing divorce have questions about how the process works, their rights, and what they can expect throughout the proceedings.
At The Law Office of Kevin L. Hoffkins in Westport, Connecticut, divorce law is one of the firm’s primary areas of focus, and Attorney Hoffkins is dedicated to providing clear answers to those seeking guidance through the separation and divorce process.
Read on to learn more about some of the most common questions about divorce in Connecticut and to understand the legal steps involved in separating from a spouse. Whether it’s your first time considering divorce or you have already begun the process, understanding the details of divorce law is crucial.
What Are the Grounds for Divorce in Connecticut?
Under Connecticut divorce law, there are both fault-based and no-fault grounds for divorce. The no-fault ground allows a person to seek a divorce without having to prove wrongdoing by the other party.
Connecticut residents can choose from the following grounds for divorce:
No-fault divorce: Filed when the marriage has broken down irretrievably with no reasonable chance of reconciliation
Adultery: When one spouse has engaged in a sexual relationship outside the marriage
Intolerable cruelty: Involves emotional or physical mistreatment that makes continued marriage unreasonable
Fraud: One spouse deceived the other in a way that affected the marriage’s foundation
Desertion: A spouse voluntarily left the marital home and failed to return for a legally significant period
In Connecticut, a no-fault divorce is the most common option, as it typically leads to a less contentious and faster resolution. Fault-based claims may be available, yet often complicate the process and extend legal proceedings.
How Is Property Divided During a Divorce?
One of the most important aspects of divorce law is how property is divided between spouses. In Connecticut, the courts adhere to an equitable distribution system, which means that property and assets are divided fairly but not necessarily equally.
Several factors influence how property is divided, including the length of the marriage, each spouse's financial contributions, and the needs of any children involved.
The court will consider both marital property—assets acquired during the marriage—and separate property, such as gifts or inheritance received by one spouse. It’s important to note that property division can become complicated, particularly in cases involving substantial assets or businesses.
Understanding the principles behind equitable distribution in divorce law is critical for both parties to protect their interests.
What Is Alimony and How Is It Determined?
Alimony, also known as spousal support, is financial assistance provided by one spouse to the other after a divorce. In Connecticut, divorce law allows for the possibility of alimony, though it’s not guaranteed in every case.
The court considers a variety of factors when determining whether alimony is appropriate and how much should be paid. These factors include the length of the marriage, the standard of living during the marriage, the financial resources of both spouses, and each spouse’s ability to support themselves.
In some cases, alimony may be awarded temporarily, such as during the divorce process or until the receiving spouse can become self-sufficient. In other cases, it may be awarded for a longer period, particularly if one spouse is unable to earn enough to support themselves or has significant caregiving responsibilities.
While alimony can be a contentious issue, divorce law in Connecticut allows the court to take a balanced approach, weighing both parties’ needs and resources.
How Does Child Custody Work in Connecticut?
Child custody is often one of the most emotionally charged aspects of divorce. In Connecticut, divorce law focuses on the best interests of the child when determining custody arrangements.
The court considers several factors, such as the child's relationship with each parent, the parents’ ability to co-parent, the child’s age and needs, and any history of abuse or neglect.
Connecticut recognizes two main types of custody: legal custody and physical custody. Legal custody refers to the right to make decisions about the child’s upbringing, such as education, healthcare, and religious practices.
Physical custody determines where the child will live and how time will be divided between the parents. In most cases, courts prefer joint custody arrangements, where both parents share responsibilities, though sole custody may be granted if it’s in the best interests of the child.
It’s important to note that Connecticut divorce law encourages parents to create a parenting plan that outlines the specifics of custody and visitation. If parents can’t agree on a plan, the court will intervene to make a determination based on what is best for the child.
Can One Spouse Force the Other to Pay for Divorce Costs?
In certain cases, Connecticut divorce law allows for one spouse to ask the court to require the other spouse to pay for all or part of the divorce costs, including attorney fees. This is typically done when one spouse can’t afford the cost of the divorce, and the other spouse has greater financial resources.
The court will evaluate the financial situation of both parties and determine whether one spouse should contribute to the divorce costs.
While it’s not automatic that one spouse will be required to pay the other’s divorce costs, this option is available under the law in specific circumstances.
Divorce law in Connecticut confirms that both parties are treated fairly in terms of financial resources, particularly when it comes to making sure that both spouses have access to the necessary resources to proceed with the divorce.
How Long Does a Divorce Take in Connecticut?
The length of a divorce in Connecticut can vary greatly depending on the intricacy of the case and whether both parties can agree on key issues.
For uncontested divorces, where both spouses agree on matters such as property division, alimony, and child custody, the process can be relatively quick, often taking a few months. However, if there are disputes regarding any of these issues, the divorce process can take much longer.
In Connecticut, there’s a mandatory 90-day waiting period after the filing of a divorce petition before the divorce can be finalized. This period allows the court time to process the paperwork, hold hearings, and allow for any negotiations or settlements.
If the divorce is contested, it can take significantly longer to resolve, as court hearings and potential trials may be required. Divorce law in Connecticut aims to make the process as efficient as possible, but the time frame will ultimately depend on the specific circumstances of each case.
Can a Divorce Be Finalized Without Going to Court?
In Connecticut, it’s possible for a divorce to be finalized without going to court, particularly in cases where the divorce is uncontested and the parties are able to reach an agreement on all issues.
In these situations, the spouses can submit a proposed divorce agreement to the court for approval. If the court finds that the agreement is fair and reasonable, it will grant the divorce without the need for a formal hearing.
However, if there are unresolved issues or if one party contests the divorce, a court hearing will likely be required. Divorce law in Connecticut allows for flexibility in how the divorce process unfolds, but it’s important to consult with an attorney to understand the options available based on the circumstances.
What Happens If My Spouse Doesn’t Follow the Divorce Order?
Once a divorce is finalized, the court issues a divorce decree, which outlines the rights and responsibilities of both parties, including matters such as property division, alimony, and child custody.
If one spouse fails to comply with the terms of the divorce decree, such as not making alimony payments or failing to adhere to a custody arrangement, the other spouse may seek enforcement through the court.
Connecticut divorce law provides mechanisms for the enforcement of divorce orders, including the possibility of contempt charges, which can result in penalties such as fines, wage garnishment, or even imprisonment in extreme cases.
It’s important for both parties to understand the consequences of failing to comply with divorce orders and to take steps to confirm that obligations are met.
Your Next Step
At The Law Office of Kevin L. Hoffkins, Attorney Hoffkins understands the ins and outs of divorce law in Connecticut and is committed to helping clients navigate the many challenges of divorce, from property division to child custody.
The firm serves clients in Westport, Connecticut, and throughout Fairfield County, including Darien, Danbury, Fairfield, Greenwich, New Canaan, Norwalk, Stamford, Trumbull, Westport, Wilton, and Easton. Call today for help with your divorce process.