Every divorce is not the same, and where a couple can resolve their divorce in an uncontested manner then that would be better for all parties involved. Understanding some of the major differences between uncontested and contested divorces can help couples going through or considering divorce make the best decision for themselves and their family.
While it is important for divorcing parties to have an opportunity to state their peace during the divorce proceeding starting with what they allege on the divorce complaint, in practice it is rare that any specific reason is given for the breakdown of the marriage, and parties opt to just claim that the marriage has broken down irretrievably.
There are nine fault ground that can be alleged in your divorce complaint. The important thing to know is that when these grounds are alleged in the complaint, each element of the ground(s) has to be proven to the court’s satisfaction before the dissolution of marriage can be granted. If you allege adultery for instance and you cannot prove all of the elements of adultery then there is a chance your divorce won’t be granted.
There is one other ground for divorce which is Irretrievable Breakdown.
For those of us with kids (me included) they bring so much joy into our lives, when they are not being jerks. But we don’t hold that against them and we try our best to provide for them financially in every way. When a divorcing couple has kids involved they have to consider how that child will be taken care of financially during and after the divorce. Child support payments are a necessary topic that has to be addressed. To have a better understanding of this topic so you can better prepare and participate in your mediation here are some important things to note about child support orders.
If a divorce ends the marriage then a legal separation just pauses it, but with most of the same results of a dissolution such as division of property and providing for support orders. The process to file fora legal separation is similar to a divorce, except it is started by filing a different complaint than you would in a divorce, and as I said before, the court can enter orders regarding support, debt allocation, and property division. One important difference is that after you have completed the legal separation the court declares you legally separated and not divorced, so unlike a dissolution you are not able to remarry.
Ideally you would want to take as much time as you need to complete you divorce. There are so many areas of your life that are impacted, and will be impacted so it is not something you want to be rushed into, or rushed through.
You can start the divorce mediation at any time during your divorce, however if you have already filed for divorce then a clock has started ticking due to deadlines and statistical goals that the courts have when it comes to divorce.
So you are finally here. The moment of truth. Today is the day your divorce becomes final. It’s an emotional time for you. My goal is too alleviate some of those concerns by letting you know what to expect at your final hearing. The scenario I’m going to describe is what happens at an uncontested divorce hearing in Connecticut, where the parties have come to an agreement on all issues. Prior to the hearing you want to make sure that all of your paperwork has been completed, that you have come to an agreement, and that agreement has been put in writing, reviewed and signed by you and your spouse (That’s where a mediator like me comes in).
We’ve all heard the stories whether it's someone we know or something we’ve seen on tv or a movie, where a husband or wife goes out to the store for milk or cigarettes, and never comes back. Now your situation may not be that cliche, but what happens when you are prepared to file for divorce but you don’t know where your spouse is.
There is a shift in legal services that is offering the option to pick the legal services you want, rather than retaining, and paying for an attorney to represent you through an entire case when you only need her for parts of your case. In the area of family law, divorce coaching, also known as divorce consulting, is the solution for the self represented person who wants to handle their divorce on their own, but needs additional assistance in certain areas without retaining an attorney.