How Do I File For Divorce? – Divorce Frequently Asked Questions

Filing for Divorce in Connecticut

Divorce FAQ – How to file for divorce in CT

“How do I File for Divorce?” is a common question we get asked during our initial consultations for divorce clients. This is a very important question. In a divorce, just like any litigation, the most important steps are the first steps. Errors made when beginning a divorce proceeding could prove devastating at later stages, especially if the other party times it right. Individuals who attempt to represent themselves sometimes fall into this trap.

In Connecticut, there are two basic types of divorce: no-fault and fault divorce. While the basic documents are the same for both types of divorce, the contents will be different depending on which type you are filing for.

To begin a court proceeding to terminate a marriage, the spouse seeking the divorce (the “plaintiff”) has to file a “Complaint” in the Superior Court for the Judicial District where one of the spouses lives. In the Complaint, the Plaintiff has to state the reason for the divorce and information about any children from the marriage. The Plaintiff can also ask the Court to grant custody of children, award child support or alimony, divide marital property and debts, and restore a prior name.

Before the Complaint can be filed with the Court, it must be “served” against the other spouse (the “defendant”). The purpose of this is t give the Defendant spouse notice of the divorce proceeding. In Connecticut, service is typically made by a State Marshal. Along with the Complaint must be a “Summons” which tells the defendant about the divorce processing and when to come to court, the “Notice of Automatic Court Orders” which tells the defendant what they can and cannot do in regards to the Plaintiff, and an “Affidavit of Service” which the Marshal signs when service is made.

Any flaws in the service process or the documentation involved may lead to a successful “Motion to Dismiss” by the Defendant. They can wait until you’ve made your entire case and played all your cards, then end the proceeding on a technicality. Then the entire process must be started all over, the right way.

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How much will a divorce cost? – Divorce Frequently Asked Questions

 

Divorce Frequently Asked Questions #1

How Much Will A Divorce Cost?

Perhaps the most common question we get from our new divorce clients is: How much will my divorce cost?

What divorce clients need to understand is that every divorce is as unique as every marriage. As some marriages are more complicated than others, some divorces are more complicated than others.

The more complicated and intertwined the marriage and family circumstances, the longer it will be necessary to form a picture of the family lifestyle, and the longer the attorneys will have to spend in negotiating sessions. The more hours we as attorneys have to put into your case to give you diligent representation, the greater your attorneys fees will be, and the more the divorce will cost.

Some factors that may complicate the divorce process and drive up cost are:

  • does the couple own real estate?
  • does the couple jointly own a business?
  • does the couple have children? are the children still in the house?
  • does the couple own a lot of personal property that is important to both people?
  • does one person make all of the families income?

There are many more factors that can complicate a divorce, but those are the most common and will give you a good idea of how complicated your divorce will be if you have to split up the assets listed above.

The only way for us to give you a better idea of how much your divorce will cost is by having a consultation where we can look at your specific situation. Even then it will only be an estimate, and the estimate will only be as good as you thoroughness and honesty.