Sometimes, people feel like their marriages have reached a stage where there really is nothing else to do but get divorced. However, if you still have hope and want to explore your options, marriage counseling can be helpful. In the end, it will depend on the state of your relationship and how you feel about the situation as individuals. Counseling may also help give you answers to all the questions that you are asking. If you had already had counseling and feel like divorce is still what is best, however, then your answer is right there. At this point, you may be asking some questions about divorce. If you live in Connecticut, here are the answers to some of your queries:
Can a couple going through a divorce use the same attorney?
No – each spouse must have their own representative. An attorney will work case to case and must focus on each individual’s issues. One attorney cannot represent both parties since each client will have individual needs concerning alimony, custody, property settlement, and other conflicts.
What is mediation? Is a lawyer needed for mediation?
Mediation is when both parties come together with an unbiased individual who helps them reach an agreement. The individual must be specialized and qualified to be the mediator. Licensed mediators will have practised law and know the legal terms for each spouse. They are there to help the divorcing couple reach an agreement. It is important, though, that each party does have their own lawyers to ensure fairness of all agreements.
What is a legal separation?
A legal separation basically requires the same steps as a divorce, but the parties will be rendered “legally separated” rather than “divorced,” meaning that they may not remarry. However, a legal separation can be changed to a divorce if either party asks for dissolution at any time. A legal separation will ensure that married couples can separate without court permission, letting them settle all uncertainties such as alimony, support, custody, and more. The advice of a council is recommended in this situation.
How to start a dissolution of marriage?
To officially get a divorce in Connecticut, at least one of the parties must have been a resident in the state for at least a year prior to the date of filing. A formal complaint must be made which will document the facts of your marriage and claim for relief. The claim for relief will involve things like custody, child support, the division of property, alimony, or any counsel fees. This complaint is typically served by a Deputy Sheriff. Your spouse and their attorney will likely be summoned to court on the return day. Your spouse should file an appearance after they are served. Failing to provide an appearance form may mean they are subject to court orders without an opportunity to speak at court with their attorney.
Differences between a contested and uncontested divorce?
After the waiting period of 90 days, the case may be assigned for trial or a hearing as an uncontested case, depending on whether or not the action was contested. If uncontested, the court will hear the testimony of only one of the two parties and will make the decision to approve or disapprove of what they feel is fair or unfair. If there is disagreement between the parties regarding finances or custody, the case is contested, and both parties must appear for trial before a judge.
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