Cheshire Divorce Lawyer
Divorce can be a difficult experience for most people, both emotionally and financially. Along with finances, depending on your family situation, you may also have to deal with the added complication of determining custody.
When you already have to deal with the emotional trauma of ending a marriage, you can try to at least make the financial and custody aspects easier by speaking with a Cheshire divorce lawyer. Work with a compassionate family lawyer who can attempt to find a resolution that suits everyone.
How to Obtain a Divorce in Cheshire
Connecticut only has a no-fault divorce, which means that the court will grant a divorce for irreconcilable differences and does not require another reason for the divorce. However, that does not mean that the court will not listen to the reason for the divorce. The court may use it as a factor in determining other issues such as support or custody.
The state of Connecticut has a helpful divorce navigator that can help people decide what type of divorce is best for them in their particular situation. However, this is simply a tool to provide general guidance, and people should still speak to a lawyer for more in-depth advice.
There are three different types of divorce:
- Divorce with an agreement
- Divorce without an agreement
A non-adversarial divorce is faster than other ways, as a couple can get a divorce within 35 days without going to court or before a judge. A couple can only apply for a non-adversarial divorce if they meet certain requirements:
- The marriage was for eight years or less
- Nobody is pregnant and there are no children in the marriage
- Neither spouse has any real estate property
- Any property owned by the spouses is less than $35,000
- There are no protective or restraining orders in place
- Neither spouse has or will be applying for Medicaid
- Neither spouse is about to declare bankruptcy
- Neither spouse has a defined benefit pension plan
- There is no other proceeding to end this marriage
Divorce With an Agreement
A divorce with an agreement is also known as a waive 90 because they are asking the court to waive the 90-day waiting requirement usually required for a divorce. To apply for this type of divorce, there are a number of different forms required. To start this process, a couple needs to fill out a Summons Family Action and a divorce complaint.
With the divorce complaint, the couple will need to attach a notice of automatic court orders form as well. Then, they have to ask the judge to waive the 90-day period by filling out a motion to waive the statutory time period. There are other forms a couple may have to fill out, depending on their particular situation.
This is why it is best to speak with a Cheshire divorce lawyer who has experience and can make sure that individuals do everything properly when filing their paperwork.
Divorce Without an Agreement
Finally, there is a divorce without an agreement which is when a couple is not able to agree to the terms of their divorce. This includes not being able to agree on support amounts, how to split up debts, division of property, and child custody.
Like a divorce with an agreement, the couple will have to fill out a Summons Family Action and a divorce complaint. Again, required forms will depend on the couple’s particular situation, including finances, property, and if there are children involved.
Alternatives to Court
If a couple wants a divorce but they do not want to go to court, they have other options.
For one, they may be able to reach a settlement between themselves. This is usually done between both parties and their lawyers. Another option is mediation where a person and their spouse will discuss what they want from the divorce in front of a neutral, third-party mediator.
It would be helpful to have a Cheshire divorce lawyer even if they go through mediation, because they may want the lawyer to review the mediation agreement before they sign off on it.
Talk to a Cheshire Divorce Attorney Today
Speaking with a Cheshire divorce lawyer before you get a divorce clarifies what rights you may have in your divorce. This is especially beneficial if you have issues regarding finances and children involved in your divorce.