Family Law Doesn’t Have To Be Complicated
Whether you are going through a divorce, are involved in a custody dispute or are facing any other family law matter, you probably have many questions. The law can be confusing, but with the right attorney by your side, you can be confident that you are making the right decisions for you and your family.
You have questions, we at Conlon, McGlynn & McCann, have answers. Below are our answers to some of our most frequently asked family law questions. For more specific questions regarding your unique case, call our Westport office at 203-222-8686 or reach out online to get started.
How long does a divorce take?
Every divorce is different, so it’s impossible to say exactly how long your divorce would take. Typically, divorces in Connecticut take up to a year. If your divorce is uncontested it may be shorter, and if it’s especially contentious it could take longer.
Does fault play a role in divorce in Connecticut?
Connecticut is a no-fault divorce state, which means that there does not have to be any specific reason or fault to divorce your spouse, however, one of the factors that courts look at in determining alimony and property distribution is the cause of the breakdown of the marriage.
Can my child decide which parent to live with?
There is no statute in Connecticut that allows for a child to choose which parent they want to live with following a divorce or separation, however, courts will typically give some consideration to the informed preferences of the child. In the end, the court has the final say depending on what they deem to be in the best interests of the child.
Do we have to go to court when filing a divorce?
While you have to work within the legal system in order to begin and resolve your divorce, you do not have to necessarily go through a contested trial to get a divorce. If you and your spouse agree on the terms of your divorce, you can minimize the time you spend in court. Likewise, you can also resolve many disputes through settlement, mediation and other out-of-court alternatives, which give spouses more control over the outcome of their case.
How are assets and debts divided during a divorce?
Connecticut is an equitable division state, meaning that all assets and debts are divided fairly between both spouses. It is important to note that equitable does not necessarily mean equal. The court will consider a number of factors including the length of the marriage and the age, health, education and earning capacity of each spouse.