Collaborative divorce in Connecticut is becoming an increasingly popular choice for separating couples. This is especially true for divorces filed in Bridgeport and Stamford Family Court. The hallmark of this approach is the commitment to resolve the divorce without court intervention, adversarial techniques or litigation.
In a collaborative divorce, information is freely exchanged and spouses make a concerted effort to achieve a divorce settlement in an efficient and cost effective manner. Whether it works ultimately depends on the effort and reasonableness of the parties involved.
Another important aspect of the process is the promise to engage in “good faith” discussions and negotiations surrounding each spouse’s individual interests and the overall concerns of the family, including the children.
One of the keys to a successful collaborative divorce is to select the right professionals – not just the right attorney. Therapists, family counselors, financial planners and accountants all have an important role in this process.
When conducted properly it has many advantages (i.e. cost, active participation, privacy) and most importantly insulating the children from the parent’s acrimony and conflict.
However, the approach is not well suited for all divorcing couples. For example, if one spouse does not want the divorce, is unwilling to compromise on the important issues, does not wish to be transparent with requested information or there are issues of domestic violence then collaborative divorce is not an option.
The collaborative method does require that a divorce case be filed in Family Court. But if the collaborative process has worked well, then usually only one court appearance for an uncontested divorce is required.
For more information regarding collaborative divorce in Connecticut please contact me.
Guardianship of a child in Connecticut includes the authority to make major decisions affecting the child’s education, welfare and medical treatment. The process of removing a parent as a child’s guardian, starts with an Application filed in the Probate Court.
The Probate Judge usually requests the Department of Children and Families (DCF) to conduct an Investigation and file a report concerning the allegations in the Application. This takes about sixty days.
If the health or welfare of a child is danger, a Probate Court can award temporary custody of the child to a suitable caregiver while the Application is pending.
For a parent to be removed as guardian, a judge must find one of the following:
- The child has been abandoned;
- The child has been denied proper care;
- The child has non-accidental or unexplained injuries;
- The child has been neglected or uncared for; or
- The parent agrees to their removal as guardian.
In appointing a guardian of a child, the court will consider:
- The ability of the prospective guardian to meet the physical, educational and emotional needs of the child;
- The child’s wishes if over age 12 or sufficiently mature to make an intelligent preference;
- The nature of the relationship between child and potential guardian; and
- The best interest of the child.
In Connecticut, there is a presumption that the appointment of a grandparent or other blood relative as guardian is in the best interest of the child. Guardianship continues until the Court appoints another guardian or the child turns 18. Unlike an adoption, a parent may petition the Court to have their guardianship reinstated.
You just had a rear end car accident and never saw it coming. Your vehicle was struck from behind. Thankfully, there are no visible or apparent injuries. Although you are little “shaken up” you otherwise seem ok.
Then the over the course of the next few days you really feel it:
- Dizziness
- Headaches
- Numbness or tingling of the hands
- Stiffness in neck and back
- Ringing in your ears
- Blurred vision
You have whiplash caused by a violent snap of the neck after a rear-end collision.
These injuries cannot be seen on an MRI or X-Ray. Therefore, many insurance companies tend to minimize whiplash claims.
The insurance adjuster may also allege that since it was a low speed collision or because there was minor car damage your injuries cannot be serious.
Or if you delay seeking medical attention they will try to minimize your claim. This is especially true if you refused an ambulance at the accident scene.
These are common tactics from adjusters. After all, it is their job to “settle” your case for as little as possible.
Here is how to maximize your settlement as victim of whiplash:
1. Keep a regular journal about how you feel, your symptoms and how the accident has affected your daily activities.
2. Get medical attention and be consistent with appointments and treatment.
3. Obtain all your medical records for review by the insurance adjuster.
4. Don’t get discouraged by “low ball” offers from the insurance company.
5. Retain a car accident lawyer and file a lawsuit if necessary.
Connecticut Rear End Car Accident Attorney
I represent clients in Connecticut Family Court and Divorce proceedings though out Fairfield County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you have been injured in a car accident which involves texting while driving.
In Connecticut, there is a 90-day waiting period to obtain a divorce.
There are two primary reasons for the waiting period:
1. Public policy. From a public policy standpoint, the state does not want to make it too easy to get a divorce. At least, not without enough time to reflect on things to make sure you really want a divorce. This is why the waiting period is sometimes called the “cooling off” period. Running to the courthouse on Monday to obtain a “quickie” divorce because you had a weekend tiff is not possible. And yes, spouses do reconcile during the waiting period.
2. Organization. The waiting period allows for the gathering of all the important documents (i.e. bank statements, tax returns, appraisals) so that a case can be properly assessed from a financial and support perspective. If children are involved, it also gives the parents time to explore housing, schools and to work out a custody and visitation arrangement (Parenting Plan). Divorce is a difficult experience – especially for kids. The 90 days should be used to plan for a thoughtful transition from one home to two homes.
If negotiations were successful during the waiting period then an uncontested divorce can be granted shortly thereafter. Otherwise, the case heads down the path to trial. In Bridgeport Court, trials are scheduled about 9 months to a year from the Return Date. In Stamford, it is considerable longer.
Although a divorce cannot be granted until 90 days after the Return Date, the court has the authority to issue temporary orders (pendente lite) while the case is pending. The most common examples are motions for custody, visitation, child support, alimony and for exclusive possession of the marital residence.
This blog is about filing an Answer and Cross Complaint in a Connecticut divorce.
A divorce starts with the Plaintiff preparing a Summons, Complaint and Notice of Automatic Orders and serving the Defendant with those documents. Then the Plaintiff provides proof that the Defendant was properly served and pays the filing fee to the Clerk’s Office. A docket number is assigned and a new divorce case is born.
But what should the Defendant do after they are served with divorce papers?
First – Always file an Appearance or retain an attorney to appear on your behalf. The Appearance form gives the Court and all parties an address where motions and correspondence from the Court can be received. If you do not file an Appearance, court orders may be entered in your absence and a default divorce granted.
Second – Always file an Answer. This is the Defendant’s opportunity to agree or disagree with the allegations in the Complaint. For example, you may disagree with one of the grounds for the divorce or there may mistakes as to the date of the marriage or the birth date of a child. (Yes, it happens).
Finally – Always file a Cross Complaint. This is simply you suing your spouse for divorce. Don’t file it because you’re pissed off. File it to protect your rights. The Cross Complaint sets forth your allegations and your requests such as alimony, custody and child support.
But more importantly, a Cross Complaint allows you to pursue the divorce even if your spouse attempts to close the case. For example, a spouse doesn’t like the temperature of things in court so they withdraw their Complaint. Unless you filed a Cross Complaint, your case would be over and you would have to start from scratch.
Contact my offices in Fairfield or Stamford online or by calling me in my Stamford office at (203) 356-1475 or in my Fairfield office at (203) 259-5251 to discuss your options and learn more about the Cross Complaint process.
In Fairfield County Connecticut, if you have been threatened or abused you should request a Restraining Order from the Family Court in Bridgeport or Stamford.
Here’s how it works:
The person requesting the order of protection (the Applicant) must file an Application along with an Affidavit. The Affidavit must set forth the specific reasons as to why the Applicant needs protection. For example, history of violence, current threats and any other facts showing “immediate and present physical danger to the Applicant.” The circumstances in the Affidavit should not be exaggerated. If they are, the Applicant may lose credibility at a hearing before a judge.
Once filed, the Application and Affidavit will be presented to a judge in the Family Court.
The judge may:
- Grant the restraining order on a temporary basis pending a court hearing within 14 days;
- Schedule the matter for a hearing within 14 days but not grant the Application on a temporary basis
- Deny the Application.
If a hearing is scheduled, the Respondent must be served with all the filings and any other orders issued by a judge five days before the hearing date.
At the hearing, the Applicant must show that he or she has been “subjected to a continuous threat of present physical pain or physical injury by another family member or household member.”
A restraining order is good for one year. However, prior to the expiration of the order the Applicant may request that the order be extended.
In addition to orders designed for the Applicant’s protection, a judge has the authority to enter orders for the protection of the Applicant’s children such as changing custody or limiting visitation.
You may or may not need a lawyer. It often depends on the complexity and strength of the case, the number of witnesses and whether the Restraining Order will be challenged.