You’re getting ready to start a new chapter in your life, as soon as you close the old one. You’re getting ready to file for divorce and you probably have plenty of questions about the process.
Whether it’s amicable or you’re navigating complex divorce proceedings, knowing the answers to your questions can help make the process go a little more smoothly. You’ll also have a better idea of what to expect so you don’t have to worry about encountering any unpleasant surprises.
Answers to Commonly Asked Questions About Connecticut Divorce Proceedings
Here’s a look at some of the common questions people ask about getting a divorce in Connecticut.
Can I Get a No-Fault Divorce in Connecticut?
Connecticut is a no-fault divorce state. If you’re not sure what this means, the rule allows couples to divorce on the grounds their marriage is irretrievably broken down. The breakdown of your marriage isn’t anyone’s fault. One or both parties simply no longer want to stay in the marriage.
However, Connecticut also follows at-fault rules. You can file an at-fault divorce under one or more of the following eight grounds:
- Adultery
- A spouse is guilty of a fraudulent contract.
- Willful desertion. This ground may apply if one spouse neglects the marriage for at least one year. The married individuals may still be in communication but one is living a separate life.
- If a spouse has been absent for seven years without communication, it can be grounds for an at-fault divorce.
- Intolerable cruelty and/or habitual intemperance. These two grounds are often cited together but either one can be cause for an at-fault divorce.
If one spouse is legally committed to a hospital/s for mental health challenges for at least five years either continuous or with discharges within six years, this can be grounds for filing an at-fault divorce.
You can also file for an at-fault divorce if your spouse is imprisoned for committing a crime for at least one year without conjugal visits.
Are Spouses Allowed to Deplete Assets During a Divorce?
Once you file for divorce and your spouse is served with the paperwork, a legal order automatically takes effect.
The order prohibits either party from taking any actions concerning their shared assets without first getting consent from their spouse. An example can be emptying a joint bank account to prevent your spouse from accessing the funds.
The order prevents spouses from:
- Assigning
- Concealing
- Selling
- Transferring
- Encumbering
- Disposing
The order also prohibits spouses from removing any shared or contested assets during the divorce proceedings. Violating the order can result in court fines and potentially jail time, and the court may also deny your grounds for an at-fault divorce or any claim you may have on the assets.
Can I Receive Spousal or Child Support During a Divorce?
Child and spousal support can be ordered by the court during a divorce. The order for support is temporary, it expires as soon as the divorce is finalized.
Why does the order expire? The amount of support paid to a spouse can change, and the financial support may also not be necessary for a variety of reasons. If one spouse plans to remarry as soon as the ink is dry on the divorce decree, support often isn’t a legal requirement. Most spousal support agreements terminate when the former spouse remarries.
Child support often changes when a child turns 18. If the child turns 18 during or immediately after the divorce, the order is usually modified. Financial support benefits can also increase. For example, if a spouse loses their job, the court may increase their spousal support amount, at least temporarily.
Is There a Difference Between a Divorce and Annulment?
Divorces and annulments are different legal actions. If you file for an annulment, the marriage is declared null and void. You can almost pretend the marriage never occurred. A divorce is a legal process that often takes time and negotiations. Two people are trying to divide up their shared life.
If you’re wondering if it’s easier to get an annulment than a divorce, the answer is usually yes. However, you must meet specific grounds to file an annulment in Connecticut. You can’t simply choose an annulment over a divorce. So, what are the grounds for an annulment? The marriage doesn’t have a valid license
One party is married to someone else and goes through with the second marriage. The second marriage is automatically annulled since bigamy is illegal in Connecticut and it’s also a federal crime.
A marriage between one or two minors. Some minors are allowed to marry with their parents' consent but it’s best to discuss this with a family law attorney before allowing the marriage to take place. Any marriage between two minors is grounds for an annulment. The marriage is performed by an unauthorized person.
How Are Debts Divided in a Divorce?
Most divorcing couples have some debt, which can be anything from having unpaid credit cards to mortgages. Like assets, debt is also divided between the divorcing parties. The debt also isn’t always divided fairly.
Some of the factors the court considers can include both spouses’ incomes and who is responsible for incurring the debt. If the credit card debt is for household items shared by both parties, the debt may be divided evenly. However, if some debt is for sporting equipment for one spouse’s use, they’ll probably assume these financial costs.
To help guarantee that you’re not assigned your former spouse’s debt, it’s a good idea to work with an experienced divorce attorney.
Can I Get an Uncontested Divorce in Connecticut?
You can file for an uncontested divorce in Connecticut. Most divorces in the state are uncontested. An uncontested divorce is when both parties can reach an agreement without having to fight it out in court.
Some uncontested divorces don’t even require assistance from an attorney. With that being said, it’s usually best to have some legal guidance even in an amicable manner divorce.
Navigating Your Divorce
Divorces can be challenging, regardless of how amicable they are. Even if you and your former spouse agree on everything, it’s still wise to consult with an attorney. An attorney can ensure that all legal aspects are handled properly, protecting your rights and interests.
If your divorce encounters any disputes or complications, an attorney can provide crucial guidance and support. Having the right legal representation behind you means that you can navigate the process more smoothly and confidently.
