A dissolution of marriage is almost always upsetting
and delicate in nature. Every case is different and requires individual
attention. The general information in this informational post is
presented to help you understand the court process and answer some questions
you may already have. We have posted
four blog articles devoted to this assistive tool we call “Divorce: What You
Should Know”. In this first article, we
will provide information about the “Basics”. Please refer to the other articles in the
series: “Money”, “Parenting”, and “Process”. For more information, please feel free to
contact Flaherty Legal Group, LLC.
* Connecticut statutes use the legal term "dissolution
of marriage" to mean divorce. While the two terms may be
used interchangeably in informal discussions, legal documents will use
"dissolution of marriage".
* The only practical effect of Connecticut's "no‑fault" dissolution
of marriage law is that it is now only necessary to prove that a marriage has
broken down irretrievably to obtain a divorce. However, other causes
for the breakdown of a marriage, such as intolerable cruelty, habitual
intemperance, or adultery, may be brought to the court's attention and may be
considered by the court in determining the award of property and alimony, if
any. (See
our article titled “10 Grounds for Divorce in Connecticut” for more information
about causes that may be considered by the court.)
* Commencement
Of Suit: A dissolution of marriage action is started by one party
filing with the court legal papers called a "summons" and
a "complaint". The party filing is called the
"plaintiff" and the other party the "defendant."
Before filing the summons and complaint with the court, the plaintiff has these
papers served on (delivered to) the defendant by a sheriff.
The summons tells the defendant
that he or she is being sued for dissolution of marriage. The summons
also states a "return date", or date by which the defendant must file
with the court an "appearance", which is a legal paper stating the
name of the defendant's attorney or whether the defendant will act as his or
her own attorney ("pro se"). It is not necessary for anyone to
appear in court on the return date.
The complaint states the date and
place of the marriage, the number of minor children the parties have, the
reason for the dissolution, and whether either of the parties has received
state support. The complaint also states the relief sought by the
plaintiff, such as alimony, child support, custody and counsel fees.
* Length
Of Time To Finalize: Connecticut law provides that ninety days must
pass after the return date before a dissolution action can proceed to a final
hearing. Because the courts must process a great number of
dissolution cases, the earliest a case can be heard is usually about four
months from the date of the sheriff's service.
There are many other factors that may delay a case,
especially when the parties cannot reach a settlement and it is necessary to
have the court decide the custody of minor children, the division of property,
the amount of support or alimony, and other matters. Disputed cases often
can take a year or longer to finalize.
* Temporary
Orders: After the lawsuit is started, either party may ask the court for
orders which, if entered, will be in effect until the dissolution hearing. These temporary orders are often called by
their Latin name, "pendente lite," which means "during the
litigation".
A party must file a motion with the court
stating what pendente lite orders are sought.
A hearing will then be scheduled at which the parties must appear. The court will rule on the motion after
hearing argument and perhaps testimony.
The most common pendente lite orders are for
custody of the children, alimony and/or support, and exclusive possession of
the home. These orders may be modified
before the final hearing. Failure to
follow these orders will make a party liable to be charged with contempt of
court.
* Automatic
Orders: Effective October 1, 1997, automatic orders are entered in all
family cases during the pendency of the action.
These orders shall apply to both parties. The service of these automatic orders shall
be made with the service of process of a complaint for dissolution of marriage,
legal separation, annulment, custody of visitation. The automatic orders shall be effective with
regard to the plaintiff upon the signing of the complaint and with regard to
the defendant upon service and shall remain in place during the pendency of the
action, unless terminated, modified or amended by further order of the
court upon motion of either of the
parties.
Please continue to the other sections of this
four-part informational blog series titled “Divorce: What You Should Know”. Other sections include: “Money”, “Parenting”, and
“The Process”.
