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What
is the difference between a legal separation and divorce?
A legal separation is not required in Connecticut in order
to be considered separated (in contrast to New York). One
can obtain, however, a legal separation and there are benefits
to doing so. This involves the same process as a divorce,
except that the marriage is not dissolved at the end, although
a formal separation agreement is in place detailing payment
of bills, division of assets, custody arrangements, etc. The
benefit is that under certain circumstances, the parties can
remain on the same health insurance plan without a change
in cost. The downside is that if some point either party seeks
to convert the separation to a divorce, the terms can be changed
if the court finds them inequitable at the time of conversion.
The belief is that one has the protection of court orders.
How
much does a divorce or custody case cost?
The cost of your matter depends on the complexity of the issues
involved. A custody case, for instance, will require a higher
retainer than a case with no children. You will be quoted
a retainer fee against which time will be billed. You will
also receive a monthly billing statement itemizing the time
spent on your file. There are certain costs, such as the court
filing fee of $350 and the cost of serving papers (average
cost about $70) for which you will be directly responsible.
Other costs not covered by a retainer include transcript fees
if depositions are taken. Our office accepts Visa and MasterCard,
as well as other forms of payment.
What
are the different types of custody?
Legal custody refers to the decision making process regarding
the children. Joint legal custody means that the parents have
to consult regarding major issues, such as emergency medical,
educational, and religion. Sometimes one parent has final
decision making rights. When a parent has sole custody, he
or she makes all of the decisions for a child. Physical custody,
sometimes called residential custody, refers to where the
child lives. Shared custody is not necessarily a 50/50 split
on time; rather it refers to a situation in which a non traditional
visitation schedule (alternating weekends plus one or two
weeknights for dinner exists).
Will
I have to pay or will I receive alimony?
Alimony is not based on a formula, unlike child support. Alimony
is within the discretion of the court and is based on numerous
factors, including but not limited to the length of marriage,
health of the parties, disparity in income and needs to the
recipient. The longer the marriage and the more disparity
in income, the more likely it could be an alimony case. Alimony
is taxable to the recipient and deductible to the payor.
How
is child support determined?
We use a formula called the child support guidelines. This
number is based on a combination of the parties' net incomes.
In cases where the income exceeds the parameters of the child
support guidelines, the court will determine the amount of
child support. There are three components of child support.
One is the weekly amount of support; another is work related
child care expense to which each party must contribute. Third
is uninsured medical and dental expenses, which are apportioned
between the parties based on percentages set forth by the
guidelines.
Can
I access money/assets while the case is pending?
Yes, but only for reasonable attorneys fees and ordinary household
expenses. Large non standard or non routine expenditures are
prohibited by the automatic orders of the court.
Is
Connecticut a fault state?
Yes. Although one can file for divorce for no reason, based
on what is called irretrievable breakdown, this is a fault
state. This means that the court will look at the causes for
the breakdown of the marriage when it renders its orders in
the case.
Can
my spouse get part of my inheritance?
This state is what is called an equitable distribution state.
This does not mean a 50/50 asset division. Rather, it means
what is fair. A court can divide some or all of an inheritance.
However, the more recent in time the inheritance, the less
likely it is to be divided; particularly, if the asset has
not been commingled.
Can
I move out of state with my children while the divorce is
pending?
No. Absent a court order or written agreement between the
parties, neither party may permanently remove the children
from the State of Connecticut while the case is pending.
Must
we live together while the case is pending?
Either party is free to vacate the marital home. However,
if children are involved, neither party may deny the other
party access to the children. Until a party gets into court,
it is best to maintain the financial status quo relative to
the payment of household bills.
Who
has custody of the children before getting into court?
The presumption in the State, absent a court order to the
contrary, is joint legal custody. Although one parent may
have been the primary caregiver, until a court awards that
party physical custody, neither party is deemed the physical
custodial parent.
What
to bring to your consultation.
1. Your most recent paystub.
2. Your most recent tax return.
3. Any financial information as to the other party.
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Orange, CT 06477 
