A Connecticut Divorce Return Date is always a Tuesday. The Plaintiff, or the Plaintiff’s attorney, should pick a Tuesday about 4 weeks out to allow the Defendant to be properly served. This also allows the return to be timely filed.
The other spouse (the Defendant) must be served with the Summons, Complaint and Notice of Automatic Orders twelve days before the Return Date. The spouse who filed the divorce (the Plaintiff) must “return” the original documents along with proof that the Defendant was served and pay the filing fee to Court at least 6 days before the Return Date. Once this is done, the Clerk’s Office opens a file and assigns the case a docket number.
Here is some other information on the Return Date:
The parties and their attorneys do not appear in Family Court on the Return Date. The case is not scheduled to be heard by a judge on the Return Date.
The Return Date starts the clock running on the 90-day waiting period to get divorced.
The Defendant spouse should file an Appearance with the Court on before the second day after the Return Date. This allows the Defendant to respond to the Summons and Complaint and ensures that they receive notice of all future court dates. If the Defendant does not file an Appearance, then temporary decisions concerning the children, child support, alimony and other orders could be entered in their absence. In addition, after ninety days has passed, the judge could enter a divorce by default against the spouse who failed to file an Appearance.
Do not ignore the Return Date. Retain counsel or file your Appearance.
I represent clients in Connecticut Custody Application proceedings though out Fairfield County including 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 to schedule a consultation to discuss how best to a handle a Connecticut Divorce Return Date.
Connecticut has created a “special” divorce court, which hears lengthy, contested cases involving children. The court is the Middletown Regional Family Trial Docket (RFTD).
The RFTD is designed to decide cases quickly and efficiently. One judge is assigned to the case and presides over all aspects of the litigation.
Divorce cases and other matters involving children such as custody modification and relocation requests may be referred from any Family Court throughout Connecticut as long as certain requirements are met:
1. It must be a fully contested divorce where issues concerning children such as residential custody, legal decision making and a parenting plan are in dispute. If the case only involves financial issues such as alimony, property division and allocation of debts then the trial will be heard in the local divorce court.
2. Family Relations must have completed a Study within the last nine months.
3. The child(ren) must have been appointed an attorney or a guardian ad litem.
Before the case goes to trial, the parents and their lawyers must participate in an all day conference in an effort to settle the case. A fair number of cases resolve at this stage. However, if no agreement is reached, then clear your calendar. Expect trial to start soon thereafter.
Once trial begins, the case usually proceeds with few interruptions and often on consecutive days until finished. Motions for Continuance are often denied and delays are minimized. The idea, of course, is to resolve issues pertaining to children as soon as possible. Custody, visitation and parenting plans are a priority here – as they should be.
Please email me or call (203) 259-5251 if you would like more information about the Middletown Regional Family Trial Docket.
Sometimes after a divorce, a parent feels that the legal custody (decision-making) or residential custody orders should be changed. Other times, it appears that the visitation or parenting time arrangements are no longer in their child’s best interest. In other words, the Parenting Plan is not working. When this happens, a Modification of a Parenting Plan should be filed.
There are two steps:
1. A modification involves an initial determination as to whether there has been a “substantial change in circumstances” since the date of the last court order. This requirement prevents parents from filing modifications of court orders involving minor changes within a family and to ease the burden on the Family Courts with relitigating issues which, have already been decided.
2. Assuming the judge finds a “substantial change in circumstances” then the divorce orders or more recent orders will be reconsidered. The “best interest of the child” standard controls when determining if the orders should be changed and what the new orders should be.
Before a judge decides a modification, a Family Relations Officer may conduct a Study on the issues before the court. In a high conflict case, a guardian ad litem may also be appointed to make a recommendation concerning the child’s best interest.
A word of caution – do not disregard the current court orders. Not only will doing so irritate the judge (thereby hurting your chances of changing the order) you may also be found in contempt.
A Modification of a Parenting Plan is the proper procedure to address these situations concerning children.
I represent clients in divorce cases and all Family Court matters though out Fairfield and New Haven County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford, Greenwich, Shelton, Orange and Milford.
Please email me or call (203) 259-5251 to discuss a Modification of a Parenting Plan.
Most divorce lawyers in Connecticut bill by the hour.
Clients usually pay a retainer, which the attorney deposits in a Trustee account. The attorney maintains an accounting of their time as services are performed. Then the attorney withdraws funds from the Trustee account for the legal fees they earned. It sort of works like a debit account.
If the initial retainer is exhausted, the client usually advances another retainer.
At the end of the case, any money left over in the Trustee account is promptly refunded to the client.
Hourly rates for divorce lawyers in Connecticut vary from about $200 to $750. The initial retainer also varies. Some attorneys request as little as $1,000 while others ask for $30,000 or more. Fairfield County divorce lawyers who handle cases in Bridgeport and Stamford Courts tend to charge more.
All of these terms and the scope of the lawyer’s services, must be set forth in a written Retainer Agreement provided by the lawyer to the client.
Here are some factors attorneys use in determining a legal fee:
- The novelty and difficulty of the issues involved and the skill required to perform the legal services properly
- The fee customarily charged by others attorneys in the same locality
- The time limitations imposed by the client or by the circumstances of the case
- The nature and length of the relationship with the client
- The experience, reputation and ability of the lawyer performing the services.
Sometimes an attorney will agree to charge a set fee rather than charging hourly. This is known as a flat fee divorce and is usually limited to uncontested divorces that do not involve children, alimony or real estate.
A Connecticut drunk driving car accident happens far too often. Injuries caused by a drunk driver are senseless. These incidents have long-lasting and unfortunate consequences.
And to think it could have so easily been avoided.
Hail a cab. Phone a friend. Take a walk. Or of course, not drinking at all.
According to a recent study performed by the National Highway Traffic Safety Administration, 31% of all fatal motor vehicle accidents are caused by an impaired driver.
Tragic.
Intoxicated drivers are more than negligent – they are reckless. Therefore, in Connecticut car accident, a victim in a drunken driving crash may be awarded punitive damages. This could result in double or triple compensation.
But establishing that the driver was impaired often requires thorough investigation and extensive preparation.
Unfortunately, a drunk driving arrest is not necessarily enough to prove liability. For example, the driver may cut a deal with the Prosecutor and cop to a reduced charge. Or they might participate in the Alcohol Education Program for first time offenders. Successful completion of the Program wipes their record clean.
A few ways to improve your case:
1. Keep in touch with law enforcement so that they keep in mind that you were injured because of the accident. This includes the arresting police department and the Prosecutor handling the case in criminal court. Ask for their help in preserving the evidence (blood, breathalyzer, field sobriety tests).
2. Retaining a toxicology expert who can testify as to the level of intoxication and how that affected the driver’s ability to operate the vehicle safely. This may be necessary if a settlement is not reached with the insurance company and the case heads to trial.
3. Keep a journal of how you are feeling both emotionally and physically as a result of the accident.
Sometimes an accident victim can reach a fair settlement without legal representation. However, in drunken driving cases retaining an attorney is often necessary given the complexity and stakes involved.
I represent injured victims throughout Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact me online or call my Fairfield office at (203) 259-5251 or my Stamford office at (203) 356-1475 if you or someone close was injured by a drunk driver. These claims are time sensitive so it is imperative to exercise your legal rights immediately.
Offenses in Juvenile Court are classified as either delinquent acts or Serious Juvenile Offenses (SJOs).
Serious Juvenile Offenses include:
- Risk of injury to a minor
- Certain drug offenses
- Firearm charges such as carrying a pistol without a permit and the sale of weapons
- Assault in the first or second degree
- Manslaughter and murder
- Sexual assault
- Unlawful restraint
- Kidnapping
- Burglary
- Arson
- Larceny in the first or second degree
- Robbery in the first or second degree
Being charged with an SJO has significant consequences such as:
- A high risk of the child being detained in Juvenile Detention.
- The potential transfer of the case to adult court where there are open courtrooms and no confidentiality of records. Any convictions would result in an adult sentence and create an adult criminal record.
- Even if the case stays in Juvenile Court, an SJO conviction carries the possibility of much harsher sentences. For example, removal from the child’s home with placement at the Connecticut Juvenile Training School, residential treatment facility or group home.
- A longer wait to have a juvenile record erased or expunged.
- Ineligibility for certain diversionary programs if you arrested as an adult.
- Not being allowed to obtain Connecticut gun permit when becoming an adult.
Certain cases in Juvenile Court can be handled without retaining a lawyer. However, if you or your child is being investigated or has been arrested for an SJO in Connecticut, you should contact a Juvenile Court attorney to discuss representation.
Connecticut Serious Juvenile Offenses Attorney
I represent clients in Connecticut Juvenile Court 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 questions about Connecticut Serious Juvenile Offenses.