DIVORCE: Basics - What You Should Know

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”. 

Attorney James Flaherty

Attorney James T. Flaherty practices Divorce and Family Law with Attorneys Pamela Magnano and Sandi Girolamo at Flaherty Legal Group in West Hartford, Connecticut.

Ten Grounds For Divorce In Connecticut

DID YOU KNOW?

In Connecticut, you only need to prove an irretrievable breakdown of the marriage to obtain a divorce.  In the event you wish to allege another ground, there are ten (10) grounds for divorce listed in Connecticut General Statutes §46b-40.  These ten grounds are:

1. Irretrievable breakdown of marriage;

2. Living apart due to incompatibility for a continuous period of 18 months and there is no prospect of reconciliation;

3. Adultery;

4. Fraudulent contract;

5. Willful desertion for one year;

6. Seven years’ absence;

7. Habitual intemperance;

8. Intolerable cruelty;

9. Sentence to imprisonment for life or the commission of any infamous crime involving a violation of conjugal duty and punishable by imprisonment for a period in excess of one year;

10. Legal confinement in a hospital or institution because of mental illness.

The court may enter a dissolution of a marriage upon a finding that any of the above has occurred.

For a general overview about divorce, please refer to our four part series of articles on the Flaherty Legal Group Blog titled "DIVORCE: Basics - Money - Process - Parenting".  

Attorney Pamela Magnano practices Divorce and Family Law with Attorney James Flaherty 

and Attorney Sandi Girolamo at Flaherty Legal Group in West Hartford, CT.

Same Sex Marriage and The US Supreme Court

The United States Supreme Court heard arguments this week on two cases involving same sex marriages.  These cases deal with the rights and benefits of same sex couples to wed and receive benefits.  It is anticipated that the Supreme Court will make a ruling on the constitutionality of the Defense of Marriage Act (“DOMA”) which legally defines a spouse as a person of the opposite sex.  (1 U.S.C.A. § 7).  Under DOMA, federal protections and provisions such as Social Security, bankruptcy benefits, and family medical leave protections do not apply to same sex couples.  This is true even if the state in which the couple resides allows for same sex marriage.  One of the cases being heard involves a lesbian woman challenging the fact that she had to pay more in estate taxes when her spouse died because the marriage was not recognized under DOMA even though their home state of New York recognized the marriage.  (See United States v. Edith SchlainWindsor, In Her Capacity as Executor of the Estate of Thea Clara Spyer, et al.SC Docket No. 12-307).  The 2^nd Circuit Court of Appeals determined that DOMA is unconstitutional and violates the equal protection clause.  

The second case before the Supreme Court deals with California’s Proposition 8 which bans same sex marriage.  (See Dennis Hollingsworth, et al., v. Kristin M. Perry, et al. SCDocket No. 12-144).  The issue before the Court is whether the Constitution's guarantee of equal protection prevents states from refusing marriage to a defined class of people.  The ruling of the high Court on this issue could impact laws all across the United States.  In the United States, nine states allow same sex marriage. See a breakdown of the numbers provided by CNN.  Connecticut is among the nine states that do allow same sex marriage.

Attorney Pamela Magnano practices divorce and family law at Flaherty Legal Group in West Hartford, CT with Attorney James Flaherty and Attorney Sandi Girolamo. 

Alternatives to Litigation: Mediation and Arbitration

The divorce process does not have to resemble the movie “War of the Roses”.  Today, there are alternatives to divorce that promote a more conciliatory process than traditional litigation.

Mediation is a process by which both parties meet with a mediator to try to resolve their differences amicably.  The mediator is a neutral, trained professional that will attempt to assist the parties in resolving all issues including but not limited to custody, support, and asset division.  During mediation, each party is entitled and encouraged to review agreements with his/her own independent legal counsel.  A benefit to mediation is that parties can reduce their legal fees by not spending tireless hours at the courthouse fighting over the issues that could be addressed through mediation.  Additionally, because mediation promotes problem-solving and not litigating, this process is beneficial for the entire family, including the children.  Finally, mediating a divorce allows the parties to retain control over what happens in their case rather than leaving these life changing decisions to a Judge.

Another alternative to traditional litigation is collaboration.  In collaboration, both parties agree not to go to Court and agree to disclose all information that is relevant to the divorce.  Both parties are represented by counsel and that representation will terminate if the collaborative process fails and either party begins court proceedings.  In addition to counsel, the parties may jointly engage mental health professionals, financial consultants or other experts as needed.  Similar to the role of the attorney, the engagement of these experts would terminate if collaboration failed.  The collaborative process allows the parties to receive the support of trained professionals without the adversity of litigation.

Attorney James T. Flaherty practices divorce and family law at Flaherty Legal Group in West Hartford, Connecticut.

Did you know? Same Sex Marriage

Same sex marriages are treated differently than heterosexual marriages.  The State of Connecticut recognizes these marriages and affords same sex spouses the same privileges as heterosexual spouses when it comes to medical benefits, retirement benefits and taxes.  However, the Federal Government does not apply the same standards as the State of Connecticut.  This difference means that additional paperwork may need to be prepared in order for you to have protections while married.  Also, in the event of divorce, there are many traps and consequences that can occur if you are not careful.
See more of Attorney Magnano's coverage on same sex marriage by clicking here.

Attorney Pamela Magnano practices family law with Attorneys James Flaherty and Sandi Girolamo at Flaherty Legal Group in West Hartford, Connecticut. The firm provides legal counsel for most family law matters.  If you have questions or are seeking legal counsel pertaining to same sex marriage, please contact us at (860)-904-2034.

Did you know? TECHNOLOGY & LEGAL RESEARCH

The practice of family law has changed significantly due to changes in technology.  The practitioner that once had to spend hours in the library researching issues can now have multiple information sources at the touch of a button.  Today, most law offices have a web-based legal research program.  Two common programs are provided by Westlaw and LexisNexis.  However, the practitioner can also access cases through the State of Connecticut Judicial Website and the Connecticut Bar Association Website.  Flaherty Legal Group utilizes these search engines to provide its clients with the most up to date case law for every issue impacting family law.  Because of these tools, our attorneys can more quickly and efficiently find effective information.  Our clients benefit from quality research that is more cost effective.

Attorney Pamela M. Magnano practices divorce and family law with Attorneys James T. Flaherty and Sandi Girolamo at Flaherty Legal Group, LLC in West Hartford, Connecticut..

Attorney Pamela Magnano and the Children's Law Center

Attorney Pamela M. Magnano serves on the Board of Directors for the Children’s Law Center of Connecticut (“CLC”).  In addition to being a member of the Board of Directors, Attorney Magnano also serves as co-chair for the CLC’s annual Gala. 

The Children’s Law Center is the only organization in the state that provides legal advocates to indigent children in contentious family court cases.  The staff attorneys for the CLC take on cases that are complex and high conflict.  The CLC strives to make family life as safe and stable as possible for the children they represent.  In addition to the staff attorneys, the CLC utilizes a mental health professional to appropriately address any mental health issues.  The services offered by the Children’s Law Center ensure that many children who might not have a voice, will be heard.

Attorney Pamela Magnano

In addition to representation, the CLC also runs the Families In Transitions program.  This program is a mediation program that provides conflict resolution to parents with custody and parenting disputes.  This program is one of the only programs affordable to low income families in need of assistance.  The program utilizes a male/female team approach with an attorney and a mental health professional.  Both Attorney Magnano and Attorney Sandi Girolamo are volunteer mediators with this program.

The CLC also offers the Law Line, which is a legal resource for any person who needs assistance with legal issues relating to children regardless of income level.  The Law Line provides an invaluable resource to those who do not know how to maneuver the Court system and may need guidance.

Lastly, the CLC actively participates in ongoing advocacy efforts at the state level for issues involving children.

2013 marks the 20^th Anniversary for the CLC and the CLC has many different events being planned to celebrate this momentous occasion.  Please check back with us to learn more about these events.

Attorney Pamela M. Magnano practices Divorce and Family Law at Flaherty Legal Group in West Hartford, CT with Attorneys Sandi B. Girolamo and James T. Flaherty.