A divorce is something that should not be taken lightly, and the process can be long and stressful for both parties. Each of the spouses retains rights during and after the divorce, and no marriage may end without the case going through a state family court.
The final divorce decree is a legally binding document that must answer questions concerning vital matters such as property rights, the concept of alimony, and the care and custody of children. Both parties must come to an agreement and follow it once the divorce is complete.
A Glastonbury divorce lawyer could help you establish a fair and equal agreement. Once retained, your attorney can identify realistic goals, initiate a divorce in a local court, work with your soon-to-be ex-spouse to find common ground, or fight for your rights during a full trial in court.
While two people may become married at any time and for any reason, the end of a marriage is a far more complex legal undertaking. Courts in Connecticut can only hear a petition for a divorce if one party has established residency in the state. As defined by Connecticut General Statutes §46b-44, this means that one party has lived in the state for at least 12 months prior to the filing for divorce.
The party filing for divorce also must cite a specific reason why they want a divorce. Under C.G.S. §46b-40, these can include:
Regardless of the grounds for divorce cited in the complaint, the court has the same obligation to answer key questions concerning the rights of the parties. While evidence of abuse, adultery, or other misconduct may serve as evidence of a person’s fitness as a parent or towards their eligibility for alimony, they are not automatic disqualifiers. A Glastonbury divorce attorney could help a person seeking to split from their spouse identify and reinforce their eligibility for divorce.
Often, the most important matter in any divorce is the future of any shared children. Courts have the authority and duty to do what is best for these children, which entails establishing a legal and physical custody plan that best serves the children, as well as child support payments that help provide for their welfare.
Other common issues that cause conflict in divorces include:
Because of these potential complications, the state offers a form of divorce where the court can accept a separation agreement as the final order in a divorce. This separation is only applicable when the two spouses have no children, have been married for fewer than ten years, own no real estate, have less than $80,000 in assets, and there are no current protective or restraining orders. A divorce lawyer in Glastonbury could help individuals understand whether a separation agreement can serve as the final divorce order or help them resolve the complications that may appear when getting a divorce.
Enduring a divorce can be an emotional and chaotic time. A divorce may force you to examine every aspect of your life, including your role in the lives of your kids and how you will support yourself moving forward. While answering these vital questions, parties in a divorce may find themselves losing control over these matters and asking a judge to make the final decision.
Working with a Glastonbury divorce lawyer could help you identify realistic goals for your divorce, work towards keeping custody over your children, fight for your property rights, and answer key questions concerning alimony. Contact an attorney today to see how they might be able to help you.