The divorce process can seem daunting. It is recommended that a person who is considering divorce or a person faced with divorce be informed and, in most cases, represented and advised by an attorney. In the following post from our four-part blog series about Divorce, Attorney James T. Flaherty provides information about the process of divorce.
NEGOTIATIONS
AND AGREEMENTS
In our representation of a client in
a divorce matter, once we have determined what you want in regard to a
settlement, and once we are reasonably certain that we have the financial and
other information we need regarding your spouse, we will attempt to negotiate a
settlement with your spouse's attorney. We
will, of course, not agree to anything that you do not approve. We will also strongly advise you against any
agreement that we do not feel to be in your best interests.
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 consists of
reporting the agreement to the court for approval. Cases where the parties dispute custody of
the children or grounds for the dissolution are set down on the contested list. Cases where custody is not an issue but the
parties dispute the division of their assets or the amount of alimony or
support are heard on the limited contested list.
Contested
and limited contested hearings will usually be preceded by a negotiating
session. 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.
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 in their respective estates.
WILLS
AND LIFE INSURANCE
Under
Connecticut law, a dissolution of marriage may invalidate certain portions of
any will or trust you may have. To
protect yourself and the interests of your loved ones, it is important that you
have a 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. Please remember
that the automatic orders of the court prohibit any change of beneficiary
during the pendency of the action.
KEEPING
YOU INFORMED
As
attorneys, we make every effort to keep our client advised regarding his or her
matter by sending copies of most correspondence and pleadings either received
or sent out by our office. A client need
not appear in Court unless notified by email, telephone or letter from our
office. If a client should be served
with a subpoena, he or she should immediately call our office and notify
us. A client should not hesitate to call
our office if there is a question about his or her case.
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 we 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 a client’s spouse not follow a Court
order, the client should bring this to the attention of his or her attorney
immediately.
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 so long as there has been no
stipulation by the parties that such modification is not to be allowed. The party seeking the change must prove that
there has been a substantial change in circumstances since the time of the
dissolution. The court maintains continuing jurisdiction over child support
until the child’s eighteenth birthday or the child’s graduation from high
school, but no later than the child’s nineteenth birthday.
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. The final Judgment of the
court regarding property awards are not, in the absence of fraud, modifiable.
Thank you for taking the time to read this article about the Divorce Process. Please continue to read our series of articles about Divorce, which includes "
Basics", "
Money", and "
Parenting". The purpose of the Flaherty Legal Group blog is to provide useful information about divorce and family law in Connecticut.
On January 6, 2014, MCLE New England published “A Practical Guide to Divorce in Connecticut”. This book takes the reader through the divorce process from the client intake through post trial motions and appeals. Written by many of the top Family Law attorneys in Connecticut, this book will become a valuable resource for family lawyers at all experience levels. Flaherty Legal Group, LLC is proud to announce that Attorneys Sandi B. Girolamo and Pamela M. Magnano were contributing authors to this publication. 
