Divorce FAQs

Frequently Asked Questions

1. What are the differences between a legal separation and a divorce?

The only difference between a legal separation and a divorce is the end result. When you are legally separated, you are not single and therefore, you cannot remarry. When you are divorced, you are single and unmarried and therefore you are able to remarry.

The legal process involved in both a legal separation and divorce are identical. Consequently, in both types of cases there are orders involving custody, visitation, child support, alimony and the distribution of assets and liabilities.

2. What type of fee arrangement do most attorneys require in matrimonial law cases?

Most attorneys require their client to pay a retainer before any legal services are rendered. A retainer is an amount of money paid by the client to the attorney at the commencement of the case which the attorney credits to the client’s account and then bills his services against this credit at the attorney’s hourly rate. Once the retainer is exhausted, most attorneys will require another retainer or bill the client monthly, depending on the status of the case at that time. Costs for filing fees, experts, etc. are billed separately.

The fee arrangement between the attorney and the client should always be in writing and the attorney should send the client periodic statements showing the credit balance or balance due for the client’s account.

3. How do the marital bills get paid while the divorce or legal separation case is pending?

Once the case has begun and the first set of legal papers are served upon the other spouse, either party can file certain papers with the court requesting that the court enter orders regarding how the bills will be paid while their case is pending. After these papers, called “motions,” are filed in court, a court hearing date will be scheduled within a few weeks. Both parties are required to appear at the court hearing and bring with them their financial affidavit, which shows their income, expenses, and assets.

If an agreement cannot be reached between the parties regarding the payment of bills, then the court will require testimony from the parties before it will render a decision.

4. Are their different categories of divorce cases?

Yes.

There are three categories of divorce cases:

• Uncontested
• Limited contested
• Contested

Any uncontested divorce is a case where all issues of custody, support, visitation, alimony, asset and liability distribution are agreed upon between the husband and wife. In such a case, a written agreement is prepared and signed by the parties. You can request an uncontested court hearing date and the parties will present their agreement to the judge for approval. If the judge approves the agreement (which is not always the case) and all the other paperwork is in order, the court will grant the divorce.

This process is exactly the same for a legal separation.

A limited contested divorce occurs when the husband and wife have agreed upon custody and visitation (if they have children), however, the distribution and division of assets and liabilities are in dispute.

In such a case, the parties will be obligated to participate in certain court-ordered mediation processes (special masters pretrial and/or judicial pretrial) before they can proceed to trial. These mediation processes are an attempt by the court to resolve the financial issues and avoid the necessity of a costly and time-consuming trial where the parties and their witnesses will have to testify.

A contested divorce occurs when the issues of custody and/or visitation are in dispute. In such a case, usually the office of family relations will be ordered to attempt to mediate these issues with the parties. If the mediation proves unsuccessful, then family relations will perform a complete custody and/or visitation evaluation and will make their recommendation to the judge regarding who should have custody and/or visitation.

In some cases, the parties hire their own professionals to evaluate custody and/or visitation. Such professionals include child psychologists, child psychiatrists, experienced counselors, and physicians. These professionals may be called upon to testify at the time of trial.

It is important to know that the office of family relations performs their services free of charge to the parties, unlike the professionals who charge to perform the evaluation and to testify in court.

In most contested cases, the court appoints an independent attorney to represent the interests of the children. One or both parties pay the cost for this attorney. This attorney makes a recommendation to the court regarding what is in the children's best interest regarding the issue of custody and/or visitation.

5. How long does a divorce or legal separation case take?

In Connecticut there is a 90-day waiting period before the parties can get divorced or legally separated. This date begins to run from the “return date” which is indicated on the first set of papers served by one party upon the other.

Once the 90-day period expires, the parties are able to get divorced or legally separated. The sooner the parties are able to reach agreement on all issues of their case, the sooner they will be able to finalize their case and go to court on an uncontested basis.

If the parties are unable to reach an agreement on all issues of their case, then they will have to go to trial.

A case that has to go to trial could take approximately 12-24 months from the time the case was begun.

In my experience the average uncontested case takes approximately 5 months; the average limited contested case takes approximately 12-15 months; and the average contested case takes approximately 18-24 months.

6. Can the amount of child support or alimony change after the divorce or legal separation?

Yes.

If one of the parties sustains a “substantial change in financial circumstances” then either party can seek a modification of the child support or alimony order. For example, if the husband is paying child support and/or alimony to the wife and at some time the husband gets laid off from his employment or becomes disabled and his income is reduced or eliminated, then he may seek a modification of his child support and/or alimony obligation from the court.

Documents required to be given to your attorney in a divorce case.

1. Income Tax Returns. Completed personal, corporate, partnership, joint venture, or other income tax returns, state and federal, including W-2, 1099, and K-1 forms, in your possession or control from the start of the marriage.

2. Income Information. Current income information, including payroll stubs and all other evidence of income since the filing of your last tax return.

3. Banking Information. All monthly bank statements, passbooks, check registers, deposit slips, canceled checks, and bank charge notices on personal and business accounts, certificates of deposit, and money market and retirement accounts from banks, savings and loan institutions, credit unions, and other institutions in which you or your spouse has an interest.

4. Financial Statement submitted to banks, lending institutions, or any persons or entities, which were prepared by you or your spouse at any time during the last five (5) years.

5. Any Loan Applications made within the last five (5) years.

6. Brokerage Statements. Monthly statements from all accounts of securities and/or commodities dealers or mutual funds maintained by you or your spouse during the marriage, and held individually, jointly, or as a trustee or guardian.

7. Stocks, Bonds and Mutual Funds, Certificates, if available, of accounts owned by either spouse during the marriage or pre-owned by you.

8. Stock Options. All records pertaining to stock options held in any corporation or other entity, exercised or not exercised.

9. Pension, Profit Sharing, Deferred Compensation Agreement, and Retirement Plans or any other kind of plan owned by you or by any corporation in which you or your spouse has been a participant during the marriage, including annual statements.

10. Life Insurance or certificate of life insurance policies now in existence, insuring your life or the life of your spouse, and statements of the case value, if available.

11. Outstanding Debts. Documents reflecting all debts owed to you or by you, secured or unsecured, including personal loans, credit card statements, and lawsuits pending or previously filed in any court.

12. Real Property. Any deeds of property in which you or your spouse has an interest together with evidence of all contributions, in cash or otherwise, made by you or on your behalf, toward the acquisition of such real estate during the marriage or thereafter.

13. Personal Property. Documents, invoices, furniture, fixtures, furnishings, equipment, antiques, and any type of collections, owned by you individually, jointly, as trustee or guardian, or through any person or entity during the term of your marriage.

14. Charge Account Statements for the past three (3) years.

15. Appraisals of any asset owned by you for the past five (5) years.

16. Safe Deposit Boxes. A list of contents as well as the people authorized to enter.