Archive for the Divorce Blog Category

What are some of the legal reasons for divorce?

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When a person wants to end their marriage through the dissolution of marriage or divorce in Connecticut, they are technically required to have a grounds for divorce, which is just a valid reason that they no longer wish to be married. Connecticut is a “no-fault” divorce state, meaning you technically don’t need any other reason to get divorced other than the marriage has been irretrievably broken for at least six months prior to filing for divorce. However, if you wish to file for a different reason, you have options.

One of the grounds for dissolution of marriage is that you and your spouse have lived apart for at least 18 months before filing for divorce because you simply could not cohabitate peacefully. You also have to state that you do not feel as though there is any chance of repairing the marriage. If one of the spouses committed adultery, they are permitted to file for divorce. The other relatively general reasons that a person can have grounds for divorce include willful desertment for one year, absence and no-contact for seven years, and intolerable cruelty.

There are some less commonly seen circumstances that also permit a spouse to file for divorce. For example, if your spouse has been sentenced to life in prison or has been sentenced to prison for more than one year, this can serve as grounds for divorce. In addition, if your spouse has been institutionalized due to mental illness for an accumulated time of five years in the six total years before the divorce was filed, you can have grounds for divorce.

If you have questions about dissolving your marriage in the state of Connecticut, you should consult with an experienced divorce and family law attorney today.

Judith Goldberg, Esq. is a family law attorney that serves the greater Connecticut area with quality legal services. If you need an attorney to guide you through your legal matter, contact The Law offices of Judith Goldberg today and we would be happy to assist you. 

What is the residency requirement in a CT divorce?

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In many situations, by the time that a couple actually gets around to filing for divorce in Connecticut, they have been living separately for an extended period of time. Sometimes, one or both of the spouses has already moved out of the state but isn’t sure in which state they are supposed to actually file for divorce. Well, if the couple lived together at some point during their marriage in the state of Connecticut, they would be permitted to file there. However, they must abide by the residency requirement that Connecticut has issued for those who wish to file for divorce in this state.

It is a no-brainer that if both spouses still both currently reside in Connecticut, they are permitted to get divorced here. Once someone moves, however, it can quickly become confusing. When a spouse files a complaint for the dissolution of their marriage, they will be permitted to do so in Connecticut if they have established their residence within the state at the time of the complaint. However, it is important to know that at least one of the parties in the marriage has lived in the state of Connecticut for a minimum of twelve months prior to the date in which the dissolution of marriage complaint was filed. Another possibility is that if the divorce is filed for a specific reason other than “no-fault,” that reason may have occurred during the time in which the couple lived in Connecticut.

If you have questions about Connecticut’s residency requirement when it comes to filing for divorce, contact an experienced divorce and family law attorney today.

Judith Goldberg, Esq. is a family law attorney that serves the greater Connecticut area with quality legal services. If you need an attorney to guide you through your legal matter, contact The Law offices of Judith Goldberg today and we would be happy to assist you. 

What is the process of starting a divorce?

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When a person makes the decision that they no longer wish to be married to their spouse because the marriage has issues that do not seem possible to repair, they will likely consider becoming divorced from their spouse and ending the marriage once and for all. The first step is to retain the services of an experienced divorce attorney who can walk you through the rest of the process. Getting divorced is a very document-heavy process. There is even more paperwork that must be filed when you and your spouse have one or more children together.

You will have to serve your spouse with a divorce complaint and submit it to the State of Connecticut Superior Court. You will have to submit the paperwork to the Superior Court Clerk’s Office after you have delivered them to your spouse and you must prove that the divorce papers were given to your spouse. If you and your spouse have children under the age of 18 years old, you will be required to participate in a Parenting Education Program within 60 days from the date your divorce was filed. There are also fees and forms associated with this program.

If you have questions about how to start your divorce, consult with an experienced divorce and family law attorney who can help you begin the process. There are many different types of divorce and it is important to decide which may be best for you. Some couples are in agreement about the divorce and may know exactly what they want to do as far as child custody and the division of assets but other couples may be better off having a judge decide these matters for them. An attorney can lay out your options and guide you in the direction that is best for you.

Judith Goldberg, Esq. is a family law attorney that serves the greater Connecticut area with quality legal services. If you need an attorney to guide you through your legal matter, contact The Law offices of Judith Goldberg today and we would be happy to assist you. 

Nonadversarial Divorces in CT

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Some people wonder if there are ways that they can obtain a divorce in a more simple and efficient manner. One way to do this is through a nonadversarial divorce, which can actually be completed in less than 35 days, as opposed to other divorces that take much longer. Some of the benefits of a nonadversarial divorce, aside from a quickly completed divorce include that you don’t actually ever have to enter a courtroom in order to become divorced. This is beneficial in itself because you don’t have to pay court fees and you don’t have to take time off of work in order to become divorced.

There are many requirements that a couple needs to fulfill if they want to consider nonadversarial divorce. In order to be considered eligible, the marriage must have lasted for a maximum of 8 years, neither spouse is pregnant and there are no other children in the family, and the total value of assets must be less than $35,000. In addition, neither party may have a pension, a bankruptcy, is benefitting from Medicaid, and there may not be any orders of protection involved in the marriage.

If you have questions about your eligibility to obtain a nonadversarial divorce, you may want to consult with an experienced divorce attorney who can assess your case and inform you of your options. If you are not eligible for a nonadversarial divorce but are still interested in a quick and efficient divorce that stays out of court, you may want to consider mediation. Speak with an experienced divorce attorney who can help you get started.

Judith Goldberg, Esq. is an experienced divorce and family law attorney that serves the greater Connecticut area with quality legal services. If you need an attorney to guide you through your legal matter, contact The Law offices of Judith Goldberg.

How can I enforce a court order?

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The court system in Connecticut will often create court orders for matters of family law that should always be abided. However, there are also always going to be those who fail to comply with court orders and create more trouble for all involved. Some of the situations for which a court order would be enforced may be for child support payments, custody, visitation rights, spousal support payments, and more.

Many times when an ex-spouse fails to make any of the payments that were agreed upon or ordered during the divorce settlement, the other party is encouraged to reach out and talk with their ex to try and work out the problem. However, when relations between two former spouses aren’t on the best of terms, they may not cooperate and continue to ignore the court order. If this is not successful, you can take the matter to a judge. If this is the case, you will want to file a motion that simply asks the judge to enforce the court order. This is known as a Motion for Contempt and it is simply a person stating that their ex-spouse is blatantly disobeying the court order. The court will then do what it can to ensure the person in question makes the payments that are part of the court order.

If you have any questions about what you can do if your ex-spouse is disobeying the agreement made during your divorce, you should speak with your divorce and family law attorney so they can assess your situation and walk you through the process.

Judith Goldberg, Esq. is a family law attorney that serves the greater Connecticut area with quality legal services. If you need an attorney to guide you through your legal matter, contact The Law offices of Judith Goldberg today and we would be happy to assist you. 

What is an Attorney for a Minor Child?

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When a child is involved in a legal dispute because of their parents and they are not old enough to make decisions for themselves, a person may be appointed by the court to act as a guide for the judge and advocate for the child. An attorney for a minor child serves to be the voice of a child while there is a parenting dispute occurring in family court. They are supposed to speak up regarding what the best legal interests of the child are. This is different from the guardian ad litem that may also be appointed for the child because that person does not serve to advocate for any of the child’s legal issues.

The court understands that many times, young children cannot comprehend what is going on in their parents dispute. What is valuable to know if an AMC is appointed for your child is that the attorney for the child must be a different person than the attorney for either of the parents. The parents are not supposed to try and convince the AMC of any specific decision because that party is supposed to be completely unbiased and only make the decisions in the best interest of the child.

If one of the parents believe that the Attorney for the Minor Child is not suitable for the child, they may be able to file a motion that will allow them to make their case. They will have to make a case give their reasoning as to why the attorney for the minor child is not suitable to represent their child in court.

Judith Goldberg, Esq. is a family law attorney that serves the greater Connecticut area with quality legal services. If you need an attorney to guide you through your legal matter, contact The Law offices of Judith Goldberg.  

I Can’t Afford My Legal Fees. Can My Spouse Pay For Them?

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fault-divorceThere are some circumstances in which one spouse has a significantly greater income than the other spouse but they are going to get a divorce. This can result in an unfair advantage for the spouse that has more money in their name because they may have the ability to hire a more experienced and successful attorney than the other spouse. In these situations, the judge in your case may rule that the spouse with the higher income must pay the legal fees for both themselves and their spouse in order to make it a bit more of a level playing field for the divorce. Legal fees can be expensive and therefore, there are situations in which a spouse who does not work outside of the home feels as though they are stuck in their marriage because they cannot afford to get a divorce. There are ways around this and although it is up to a judge to make the final decision, not being able to afford a good attorney should not stop a person from getting a divorce if the court feels as though they have an important reason for the cause of their divorce.

Judith Goldberg, Esq. is a family law attorney that serves the greater Connecticut area with quality legal services. If you need an attorney to guide you through your legal matter, contact The Law offices of Judith Goldberg.

Differences Between Legal Separation And Divorce

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Couple not talking after a fight on the sofa in living room at hIn Connecticut, the dissolution of a marriage can result in either legal separation or it can result in divorce. The two concepts should not be confused. Occasionally, the question arises whether or not you and a spouse are divorced if you haven’t lived together for many years. Unless you have gone through the legal procedures, you are still not even legally separated in this situation and definitely not divorced. When two parties are legally separated in the state of Connecticut, they are no longer married but they are also not allowed to get legally married to someone else in this situation. If the two parties who are legally separated decide to resume their marital relations during the time that the separation is active, they must inform the judge that approved the decree of separation that they wish to resume their marriage and the decree is considered to be dismissed in the court. A more permanent means of separation is divorce.

The reasons that a separation, annulment or divorce may be granted in the state of Connecticut include the irretrievable breakdown of the relationship, adultery, cruel treatment,  physical separation for at least 18 months, desertion for at least one year, no contact at all between the two parties for at least seven years, legal hospitalization for a minimum of five years or imprisonment of the other party for at least one year.

Judith Goldberg, Esq. is a family law attorney that serves the greater Connecticut area with quality legal services. If you need an attorney to guide you through your legal matter, contact The Law offices of Judith Goldberg.

What Can I Ask For During A Divorce?

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Connecticut is one of the states that uses the equitable distribution law to determine the division of assets between a former married couple when they are going through their divorce. The most important thing to understand when it comes to equitable distribution is that the division of assets is equitable, not equal. The assets aren’t always split in half. Sometimes, it can be as extreme as one spouse will walk away with everything and the other spouse gets nothing. It usually isn’t always this extreme but the possibility is there.

During the settlement agreement and equitable distribution, there are a number of things that you can ask for. However, it is important to know that just because you request something does not mean you are guaranteed to get it. You are allowed to request custody of the children that you and your spouse may have together, child support or spousal support, which is generally known as alimony, or for any assets that you may feel entitled to. The division of assets is what occurs in equitable distribution. Marital property that can be up for acquisition can be anything from stocks to real estate property or any other assets that were acquired during the course of the marriage.

In marriages that were of a longer duration than others, there may be more assets than there are in a marriage that only lasted for a few years. This has an impact on the amount of time that your divorce process can take whether you choose mediation or litigation. If you and your spouse cannot come to an agreement on your own about the requests that have been made, a judge may ultimately make these decisions for you. There is also the possibility of requesting that your spouse pays your legal fees. This is typically only granted if one spouse has a significantly higher income than the other spouse and therefore the judge may grant it so that the two spouses can have an equal opportunity to have the best attorney that they can acquire for their divorce.

Judith Goldberg, Esq. is a family law attorney that serves the greater Connecticut area with quality legal services. If you need an attorney to guide you through your legal matter, contact The Law offices of Judith Goldberg.

My House Is In My Spouse’s Name Only. What Does This Mean For Me?

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A question that some people may have when they are looking into getting a divorce is if there is any chance that they can keep their house during the equitable distribution process if that house is in their spouse’s name only. Connecticut is an equitable distribution state, meaning that any marital assets have the ability to be divided between the two spouses. It is important to understand that the distribution of the assets is not equal, it is equitable. The marital assets are not split down the middle.

In the state of Connecticut, there is a law in place that states that any property that is owned by one of the spouses before the marriage took place is rightfully their property in the event of a divorce. However, if the house was acquired during the time that the two parties were married but it was under the name of one of the spouses, either spouse is allowed to acquire it during the equitable distribution process. If the two parties cannot come to an agreement about who will get the house, the court will ultimately make the final decision. Each party is allowed to make their case as to why they want to have ownership of the house and the judge will consider a number of factors to make this determination. The house does not automatically go to the person whose name it is in. Each case is different so it depends on your particular situation.

Judith Goldberg, Esq. is a family law attorney that serves the greater Connecticut area with quality legal services. If you need an attorney to guide you through your legal matter, contact The Law offices of Judith Goldberg.

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