Connecticut non adversarial divorce is here.
Two new divorce laws went into effect on October 1, 2015 which limit the amount of time a couple has to wait to get a divorce.
A divorce may be granted in 35 days rather than waiting the usual 90 days if:
- The marriage is less than 8 years
- There are no children
- There is no real estate
- The total value of all property is less than $35,000
- Neither spouse has a pension
- There is no bankruptcy petition pending
- Neither spouse is receiving Medicaid
If the above criteria are met, the parties do not even appear in Court – the judge simply approves the terms of the divorce based on the paperwork submitted.
There is a second option for those cases that do not meet the above criteria. If there is an agreement on all issues, the spouses may ask a judge to waive the 90 day waiting period and appear in court sooner to get their divorce approved. So where there is a limited need to conduct financial discovery and when parenting plans (custody and visitation) are not contested this allows for an expedited divorce. It is likely that cases using this track involve couples that have either planned their divorce well in advance or participated in good faith negotiations from the initiation of the divorce.
Having a divorce attorney review the agreement is a good idea when using these new laws. Once the divorce is approved, it is difficult to reopen the case and have a judge reconsider the terms.