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Divorce FAQs
1. Can My Spouse Prevent Me From Obtaining a Divorce?
a. No. A Connecticut resident can obtain a divorce, and their spouse cannot say no.
2. Do I Have to Prove My Spouse did Something Wrong to or Even Terribly Wrong to get a Divorce.
a. No. You do not have to claim wrong doing to obtain a divorce. Historically, people had to prove adultery, mental cruelty or some other reason for a divorce. The modern practice allows for divorce regardless of fault. This practice is known as no-fault divorce.
3. How Long Will it Take to get a Divorce in Connecticut.
a. A divorce will take at least four months. Connecticut law requires that the parties wait at least ninety days from the date a case begins until they can be granted a divorce. Other processing will add at least one month.
4. If My Spouse Lives in Another State or Country, Will This Prevent a Divorce From Going Forward.
a. No. The law includes methods for obtaining service of process in other states or countries, and even if you don't know where your spouse lives.
5. My Spouse and I do Nothing but Fight at Home. I Can't get My Spouse to Move out. Is There Anything I can do.
a. Yes. The court has the power to award exclusive use of the family home to either spouse. Courts will do this on a temporary basis pending the outcome of the case and in a final judgment.
6. I am Afraid of What My Spouse Will do to Me if File for Divorce. How can I Protect Myself.
a. You can obtain a restraining order if you believe you are in immediate danger of being harmed. You can also obtain exclusive use of the family residence as described above.
7. Is My Spouse Automatically Entitled to One Half of All Our Property.
a. No. The court has the power to award any portion of one spouse's property to the other, not necessarily half. People hear of this on television and in the movies because of much of that media comes from California. California has laws known as Community Property which is very different from the laws of Connecticut.
8. I Owned a House Before We got Married. Can My Spouse be Awarded any Part of That Property.
a. Yes. The court has the power to award any part of one spouse's property to the other. Just because you owned this property before you were married would not prevent such an award.
9. My Spouse's Income is Necessary to Maintain Our Household. How Will I Support Myself and My Kids While the Divorce is Pending?
a. If the children of the marriage are living with you, then the court must award child support to you. In addition, the court could award alimony to help you support yourself. Both child support and alimony are available while the case is pending and as part of a final order.
10. My Spouse is Self Employed and Very Good at Hiding Income. How can I be Sure That I Will get a Fair Amount of Child Support and Alimony?
a. People do try to hide their income in divorces. However, I have methods of insuring that we can show the true amount of a spouse's income.
11. My Spouse and I Have Agreed on How We Will Split up Our Property. Do I Still Need a Lawyer for My Divorce.
a. Yes. Many agreements breakdown once a divorce begins. Also, a court can reject an agreement by the parties if the court believes its not fair. You need an attorney who can present your case as a fair agreement for the court to approve it. Finally the divorce process can be difficult and frustrating for those who don't know how it works. To expedite your case, and take the pain and frustration out of the process, you should hire an attorney. I have inexpensive programs for people who have an agreement on their divorce.
