The divorce process will vary based on state and individual circumstances, yet some basic elements are nearly universal. Though never ideal, the divorce process can be made easier with clear communication, cool-headedness, and the enlistment of a seasoned legal professional.
Key Elements
- Primary Petition: First, a divorce petition must be filed. Serving as the primary step in the court terminating the union, the document must include a legal reason for divorce – either fault (abandonment, abuse, criminal conviction, etc.) or no-fault (irreconcilable differences, incompatibility) and any other information required by the state. Connecticut is a no-fault divorce state.
- Temporary Orders: Next, temporary court orders detailing child support, child custody and spousal support can be sought. This grants much-needed stability and clarity during the process, especially if minors are involved. If the preliminary filing and temporary orders are approved, this paperwork must be served to the spouse. This is a straightforward process if the served party signs off on the acknowledgement of service; matters can become complicated if a spouse is not amenable to the separation.
- Attempted Settlement: Moving forward, a settlement on property division, custody, and child support must be reached. Settlement is usually arranged and mediated by a neutral third party, per court requirements. If negotiations fail, the divorce goes to a judge-facilitated trial; in some instances, diverse experts and witnesses can be involved.
- Final Resolution: Divorce trials are expensive, lengthy, labor-intensive, and understandably upsetting – it is advisable to first seek private arbitration and proceed to trial as a last resort. In both amicable and trialed divorces, the judge will finalize the judgment, formally dissolving the union and specifying details of financial, material, and custodial matters.
For guidance on navigating divorce and other family law matters, contact us.
Related practices: Divorce & Family, Estate Planning, Litigation
