Danbury Divorce Lawyers Dedicated to Your Best Outcome

Connecticut firm provides compassionate counsel and effective representation

The decision to get a divorce can be difficult, especially if you’ve been married a long time and there is much that you and your spouse still share. However, a divorce need not be as overwhelming as you might fear. At Collins Hannafin, P.C. in Danbury, Connecticut, our family law attorneys provide compassionate and capable legal representation during this difficult time. Our divorce attorneys have more than 80 years of combined practical legal experience. We can answer the toughest questions you may have about the dissolution of your marriage and will provide you with practical legal advice to protect your family’s best interests, both pre- and post-divorce.

Types of divorce available in Connecticut

A divorce case can be brought on fault or no-fault grounds. Most divorces in Connecticut are no-fault, which means one spouse asserts that the marital relationship is irretrievably broken, and the other spouse agrees. A fault-based divorce, which is rare, requires one spouse to allege the other’s adultery, fraud, desertion, habitual intemperance, intolerable cruelty, mental illness or conviction of a felony. Further, the fault grounds must be proved at a trial.

A divorce can be contested or uncontested. An uncontested divorce is one in which the parties agree not only on the grounds for divorce but also on all material issues, such as property division and parental rights. The parties avoid a trial by negotiating a settlement and presenting their agreement to the court for approval. A divorce is deemed contested if the spouses cannot agree on all material terms, even if the divorce is brought on no-fault grounds. The case must go to trial to resolve disputed issues.

Connecticut spouses can pursue a divorce through mediation, an alternative dispute resolution process whereby a neutral third party guides them to a marital settlement.

Another option is collaborative divorce, a process whereby the parties and their attorneys vow not to litigate the divorce and commit to a negotiated resolution of all marital issues.

An experienced divorce lawyer can advise you on the pros and cons of each process relative to your situation.

Initiating the divorce process

To file for divorce in Connecticut, a couple must fulfill the residency requirement by demonstrating one of the following:

• Either spouse has been a Connecticut resident for at least 12 months. (This is measured from the date of the filing or the date of the divorce decree.) 
• Either spouse was domiciled in Connecticut at the time of the marriage. 
• The grounds for divorce happened while living in Connecticut.

The process begins when one spouse files a complaint in the court of the county where at least one spouse resides. The other spouse is then served with a copy of the complaint and a summons. 

No party should initiate a divorce without first consulting a capable divorce attorney.

Major factors that impact a divorce

Before a judge can issue a divorce decree, the parties must resolve key issues such as alimony, child custody, child support and division of marital property. Parents who disagree about how their kids should be raised can encounter difficulties in negotiating a parenting plan. When there are serious conflicts regarding child custody, such as allegations of unfit parenting, the court must decide based on the best interests of the child. Affluent couples with extensive property often encounter impasses over division of assets and payment of alimony. If negotiations fail, a judge must decide on an equitable distribution. 

Prenuptial and postnuptial agreements in Connecticut

Many high-net-worth individuals choose to enter into a prenuptial agreement. This is a contract between parties contemplating marriage, with provisions regarding property division, alimony, child custody and visitation in the event of marital breakdown. It also can set forth whether the spouses will use mediation or collaborative divorce to interpret the agreement in a divorce or to resolve issues not already agreed upon.

Connecticut also recognizes postnuptial agreements, by which already married couples can agree on financial and parenting issues in the same way as in a prenup.

Like all enforceable contracts, prenuptial and postnuptial agreements require compliance with all basic principles of contract law.

Post-divorce modification of child custody and support orders

Connecticut family law acknowledges that circumstances change, and thus, so can alimony, child support and child custody orders. If a party demonstrates that a substantial change in circumstances has occurred, the court considers a petition to modify the terms of the decree affected by that change.

Modification of the divorce decree as to child custody and visitation occurs only if the change would be in the best interests of the child. For example, when a custodial parent petitions for relocation, the court considers whether the relocation advances the best interests of the child, because it affects the other parent’s visitation rights and relationship with the child.

Trust our experienced family law attorneys to defend your rights during your divorce

Call Collins Hannafin, P.C. at 203-885-1938 to speak with one of our attorneys and learn more about your divorce options or make an appointment. We also provide an online contact form here, and serve clients in Danbury, Ridgefield, New Milford, Bethel, Newtown, New Fairfield, and Sherman.