Divorce
Divorce Attorney Manchester CT
Divorce is a life-changing event that can have significant emotional and financial implications. At Darius Law Group LLC, we are dedicated to providing compassionate and effective legal representation to clients in Connecticut going through a divorce. Whether your divorce is uncontested or involves complex disputes, Attorney Joey-Lynn Darius is here to guide you through the process and help you achieve a fair resolution.
What Is Divorce?
In legal terms, divorce is the dissolution of marriage. In Connecticut, the process involves a court deciding on matters such as division of assets, debts, spousal support, child custody and parenting time. After the court issues a decree, both parties are free to enter a new marriage.
Connecticut is a “no-fault” divorce state, which means that you do not need to prove fault, such as infidelity or abandonment, in order to end your marriage. This approach helps to reduce unnecessary conflict and focuses the process on finding practical solutions rather than assigning blame.
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Grounds for Divorce in Connecticut
While Connecticut primarily uses no-fault grounds, the law still recognizes several bases for divorce under Connecticut General Statutes § 46b-40. These include:
No-fault grounds:
- “Irretrievable breakdown of the marriage” (most commonly used)
- “Living separate and apart for at least 18 months with no reasonable prospect of reconciliation”
Fault-based grounds (rarely used but still available):
- Adultery
- Fraudulent contract
- Willful desertion for at least one year
- Habitual intemperance (e.g., substance abuse)
- Intolerable cruelty
- Imprisonment for certain offenses
In practice, most divorces in Connecticut are based on no-fault grounds, which makes the process simpler and reduces hostility, especially when children are involved.
Types of Divorce
Not all divorces are the same, and the path your case takes will depend on the level of agreement between you and your spouse. There are two main types of divorce: uncontested and contested.
In an uncontested divorce, both parties agree on all major issues such as property division, custody, and support. This type of divorce is typically faster, less expensive, and less stressful. In Connecticut, there is even a streamlined “non-adversarial” divorce process for certain couples that can be finalized in just 30 days.
However, if spouses disagree on any issues, it may lead to a contested divorce. Contested divorces can be more complex, requiring negotiation, mediation, or even court intervention. They often involve more complex assets, custody disputes, and income disparities between spouses.
The Divorce Process Step by Step
In Connecticut, the divorce process generally follows these stages:
- Initial Filing: One spouse (the plaintiff) files a Complaint for Dissolution of Marriage in the Judicial District where either party resides.
- Service of Process: The other spouse (the defendant) is formally served with divorce papers and has 30 days to respond.
- Case Management Date: Within 90 days, both parties attend a court conference to set deadlines for discovery, mediation, and trial.
- Discovery: Financial affidavits, tax returns, bank statements, and other documents are exchanged to ensure full transparency.
- Negotiation or Mediation: Most cases settle before trial through mediation or attorney-led negotiations.
- Trial (if needed): If no agreement is reached, a judge decides unresolved issues after hearing evidence.
- Final Judgment: Once all terms are agreed upon or ordered by the court, the judge issues a Decree of Dissolution, finalizing the divorce.
The entire process typically takes 3 to 12 months, depending on complexity and cooperation.
Key Issues Addressed in Divorce
Every divorce involves several important legal issues that need to be resolved:
- Property Division: Connecticut uses equitable distribution to divide marital assets and debts, ensuring a fair division based on factors such as income, contributions, and future needs, but not necessarily equally.
- Alimony (Spousal Support): This is awarded based on the needs of the spouse, their earning capacity, and the length of the marriage, and it can be temporary or long-term.
- Child Support: This is calculated using Connecticut’s Child Support Guidelines, taking into account both parents’ incomes and the needs of the child.
- Debt Allocation: Marital debts such as credit cards, loans, and mortgages are allocated as part of the financial settlement.
Our attorneys ensure that these issues are thoroughly and fairly addressed, protecting your financial security.
Divorce Involving Children
When children are involved, the stakes are higher. The Connecticut courts place a priority on “the best interests of the child” in all custody and parenting decisions. Key considerations include:
- Any history of domestic violence or substance abuse
- Each parent’s ability to provide a stable, nurturing environment
- The child’s relationship with each parent
- The child’s adjustment to home, school, and community
Rather than using terms like “custody,” Connecticut now refers to:
- Legal custody (decision-making authority for education, health, and welfare)
- Physical custody (where the child lives and parenting time schedules)
Common Divorce Mistakes to Avoid
Even intelligent, well-intentioned individuals often make mistakes during divorce that can be avoided. These mistakes include:
- Moving out of the marital home too soon: This can affect property division and parenting time.
- Hiding assets or income: It’s important to be fully transparent financially, as dishonesty can result in penalties or loss of trust.
- Using social media carelessly: Be careful what you post online, as it can be used against you in court. Avoid venting your feelings online.
- Making decisions out of anger: Let emotions cool down before making important legal or financial decisions.
- Delaying legal advice: Seek early consultation to understand your rights and options before making irreversible decisions.
Our Divorce Services Include:
- Uncontested Divorce: Assisting with amicable divorces where both parties agree on the terms.
- Contested Divorce: Representing clients in disputes over issues such as child custody, property division, and alimony.
- Mediation and Negotiation: Facilitating negotiations and mediation to help resolve divorce issues without the need for litigation.
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Why Choose Us?
- Empathetic Support: We understand the emotional challenges of divorce and provide compassionate support throughout the process.
- Strategic Advocacy: Our firm is skilled in developing strategies that protect your interests and achieve favorable outcomes.
- Comprehensive Representation: From the initial filing to the final decree, we handle every aspect of your divorce with diligence and care.
Take control of your future. Contact Darius Law Group LLC to discuss your divorce case and explore your options.
Common Divorce FAQs
A straightforward, uncontested divorce where both parties agree on all terms can be finalized in as little as 30 to 90 days in Connecticut. However, a contested divorce—where spouses disagree on issues like asset division, custody, or support—typically takes 6 months to over a year. The timeline depends on the court’s schedule, case complexity, and how long negotiations or discovery take. An attorney helps manage the process efficiently to avoid unnecessary delays.
Connecticut is an “equitable distribution” state. This means that during a divorce, all marital property and debts are divided fairly, but not necessarily in an exact 50/50 split. The court considers factors like each spouse’s income, contributions to the marriage (including homemaking), future earning capacity, and the length of the marriage. A key role of your attorney is to advocate for a division that the court will view as fair under these specific factors.
While you can proceed with an uncontested divorce, it is still highly advisable for each spouse to have their own attorney review the final agreement. A lawyer ensures your rights are protected, the paperwork is legally sound, and the terms (especially regarding finances and child-related matters) are clear, complete, and enforceable. What seems like an agreement today could have unintended long-term consequences without proper legal review.
Connecticut law focuses on the “best interests of the child.” The court no longer uses the traditional terms “custody” and “visitation,” but instead establishes orders for legal decision-making (major decisions about health, education, and welfare) and a parenting plan (a detailed schedule for the child’s time with each parent). Courts favor arrangements that support the child’s relationship with both parents, barring safety concerns. An attorney helps you propose a thoughtful, child-centered plan.
In an uncontested divorce, you and your spouse have reached a complete written agreement on all issues (assets, debts, alimony, child support, and parenting). You can file jointly, streamlining the process. A contested divorce means you disagree on one or more major issues. This requires negotiation, often through mediation or attorneys, and may lead to a court trial where a judge decides. An attorney is essential in both scenarios to protect your interests.
Yes. Connecticut is a no-fault state, so you can file for divorce based on the “irretrievable breakdown” of the marriage. You do not need your spouse’s consent. If they refuse to participate or sign paperwork, you can still proceed. Your attorney can guide you through the process of serving them properly and seeking a default judgment from the court after following all required legal steps.
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