Key Facts to Understand about Separation and Divorce

When you get married, you hope to spend the rest of your life with your spouse. However, for many people, this does not happen. Thousands of couples become strangers and seek separation or divorce annually. 

This piece explains what separation and divorce entail and the fundamental facts to know when undergoing the process.

Understanding a Divorce

A divorce is a court judgment dissolving a marriage. Estranged partners must give the court legal reasons for the divorce to happen. 

Divorce comes with numerous issues. Hence, apart from dissolving your union, the court considers other crucial issues it should decide on before the divorce becomes final. 

Understanding Separation in Connecticut

Separation is the process through which you can live separately from your spouse while still legally married to them. Typically, you will resolve issues like child custody, support, and property division during your legal separation. However, this separation does not end the union since it is not a divorce. 

Legal separation has provided you with an alternative to divorce in a marital crisis. You may decide to live separately due to personal, financial, or religious reasons. Couples also separate because of differences in philosophy towards raising children. 

You must reside in Connecticut before filing for a legal separation in the state. The court requires you to give evidence of your physical residency and aim to make the state your home to establish Connecticut residency. You may need your utility bills, driver’s license, mortgage agreement, or voter registration card to prove your residency.

Issues Decided in a Divorce or Legal Separation Case

The court decides crucial issues in a divorce or separation judgment. They include child custody, support, parenting or visitation time, asset division, alimony, and sharing of personal property. Also, the court decides on debt sharing, use of the maiden name, possible protective order, sharing of real property, and the party to inherit the matrimonial home. 

You and your estranged partner can agree on these issues and ask the court to veto it. However, if you disagree on crucial points, the court will consider your evidence and decide appropriately. 

The Cost of Filing for Divorce

Connecticut court charges a flat fee for all cases. You will pay $350 as a court filing fee. The sheriff’s fee is between $50 and $75. However, mediation and collaboration couples do not need to pay this fee because they do not use State Marshals to serve their divorce papers. 

Each spouse pays $125 for a parenting education class. At the end of the case, each party will also pay $25 for a certified copy of the decree. 

Understanding a Separation Agreement

If you want to dissolve your marriage, you and your partner can produce a formal separation agreement stating how to resolve issues associated with the end of your union. The agreement should address child custody, child support, parenting time or visitations, and alimony. Further, it should state how you want to share your assets, including pensions, and what will happen to your tangible property and marital home.

The agreement will also capture if you will take back the name you had before the union and how to divide your debts. 

“A separation agreement is only tenable if both you and your spouse sign it. It usually becomes part of the divorce judgment,” says family law attorney Matthew Dolan.

However, you may decide not to sign the separation agreement if dissatisfied with its content. If the other party wants to pressure you into acting against your will, walk away and speak with your family law lawyer.

A judge may decline a separation agreement if they believe one of the parties signed it under duress or intimidation and their lawyer was not involved. 

Let your attorney play the central role in drafting a separation agreement because some issues in the agreement can have unimaginable implications, including taxation. Do not rush into signing anything without taking the time to think everything through. 

If you are a parent, focus on your child’s “best interest,” as Connecticut courts use this standard. 

Preparing for a Divorce

Divorce is a vast and significant issue; you should not handle it with levity. Thoroughly think about and investigate a divorce idea before implementing it. Do not make a reckless or impulsive decision on the divorce, as it may backfire. 

Speak with friends and loved ones, ask relevant questions, and build your support system. You can also attend family court in your locality to watch hearings and trials to have a mental picture of the journey. Read books and join relevant groups on social media. 

Due to the tension that often accompanies divorce, it is wise to seek counseling before and during the process. If your spouse is unwilling to participate, you can go for individual counseling. 

Parents and children can jointly attend counseling sessions in a safe and violence-free relationship. This reduces the effects of custody or divorce crisis on the kids. It also helps the entire family emotionally. 

Your experience can be less painful when you get support from suitable sources. 

Reasons for Divorce

Some intending divorcees do not know if they must have a reason to dissolve their union. Well, there is no direct answer to this. However, you must select a legal reason or “grounds” for the divorce. 

You can attribute your reason to irreconcilable differences, such as not wanting to be married to your spouse anymore. However, you can also use “no-fault” and “fault” grounds as reasons for divorce. 

The “no-fault” breakup is a divorce in which the marital relationship becomes irreparable, but the spouses do not blame each other. Conversely, the “fault” breakup means blaming a partner for the marriage dissolution. 

The “fault” reason for divorce rests on seven grounds. They include cruel and abusive treatment, utter desertion for a year, adultery, impotence, gross and confirmed intoxication habits, wanton lack of support, and confinement sentences in a penal institution. 

Knowing When to Approach the Court

Sometimes, approaching the court too quickly can backfire, delaying your case, complicating issues, and making it costly. Consider the emotional distress, financial demands, and time before taking your divorce issue to court. 

Every matter is distinct. Your relationship with your estranged partner does not end with divorce or separation if children are involved. You may need to keep in touch on child support, other parental roles, and parenting time or visitation. 

It is advisable to keep the communication lines open for your children’s sake when it is safe. Prioritize your children’s welfare ahead of endless disputes. Thus, only approach the court when all peace-mending moves have broken down. 

Approaching the court prematurely will tire you out. And more so, the children may be the worst hit. 

Consulting an Attorney

With the information in this piece, you can see the need to engage a family law attorney before the divorce process. Your lawyer will help you deal with all essential issues and prioritize your interests in the discourse. 

It is imperative to hire an attorney if your spouse is violent, irritable, and uncooperative.