Connecticut Divorce without a Court appearance is here.
COVID-19 forced the courts to change how they do business. Here in Connecticut Gov. Ned Lamont issued an executive order allowing parties to proceed with uncontested divorces without going to court.
Most family law attorneys support this new process. It could help spouses avoid difficult living arrangements. It also chips away at the backlog of cases so that contested cases can be decided much more quickly.
However, some attorneys think COVID-19 might cause some couples to change their minds about divorce based on economic uncertainties. I don’t share this opinion. Sure – some married couples may stay together in the short term for financial reasons. But that only pushes off the divorce filing. I think ultimately these couples will still file for divorce.
Here is the process for obtaining a Connecticut Divorce without a Court appearance:
For starters, the usual forms must be filed. This includes Financial Affidavits, a Separation Agreement, a Parenting Plan and an Affidavit Concerning Children.
In addition, an Affidavit must be filed which largely incorporates the questions a judge would ask a divorcing couple in court.
For example:
- Back ground information so that the court can exercise jurisdiction including whether or not the marriage has broken down irretrievably
- Whether or not the family received financial assistance from the State or municipality
- Assurances that each party understands the terms of the proposed Agreement and believes it to be fair and equitable
Connecticut Divorce Attorney
I represent clients in divorce and Family Court related matters through out Fairfield and New Haven Counties 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 me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation concerning the preparation of the necessary of documents for a Connecticut Divorce without a Court appearance.
A Connecticut Application for Civil Protection Order is relatively new in Connecticut. It is designed to allow a violence victim to obtain a Restraining Order against someone who is not a family member.
There are three types of Connecticut Restraining Orders:
1. Protective Order. This is an order of protection issued by a Criminal Court against a Defendant after he or she has been arrested for a crime of violence. These Protective Orders usually last until the Defendant’s case is resolved by the Prosecutor but in serious cases it can last even after the criminal case is over.
2. Application for Relief from Abuse. This Application is filed in the Family Court against a household member or romantic partner. The victim must show that he or she has been subjected to a continuous threat of present physical pain or physical injury, stalking or a pattern of threatening. A judge will review the Application and grant a temporary Restraining Order on the spot if the allegations are serious enough. The Restraining Order stays in effect until a full hearing is held – usually in two weeks. At the full hearing, the judge can order grant a Restraining Order for up to one (1) year.
3. Application for Civil Protection Order. This Application is filed in the Civil Court against anyone who has committed sexual abuse, sexual assault or engaged in stalking behavior. This law offers protection when there has not been arrest and/or the perpetrator is not a household member or dating partner (i.e. 1 and 2 above are not available to the victim). The procedure is similar to the Relief from Abuse in that a a judge can grant protection after reviewing the Application, hearings are scheduled within 2 weeks and the Order can last for up to one (1) year.
I represent clients in Restraining Order hearings 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 have questions about a Connecticut Application for Civil Protection Order.
Yes. The court has the authority to order either spouse to pay attorneys’ fees.
Pendente Lite Legal Fees
While the case is pending, the court may order one spouse to pay the reasonable legal fees of the other spouse. The payment of legal fees at this stage is called pendente lite legal fees. This typically occurs when there are sufficient funds in the marital estate but those funds are within the sole control of only one spouse. The rationale is to make sure that the rights of both spouses are protected and that neither spouse is denied the opportunity to retain an attorney.
At the conclusion of the case, the court also has the authority to order the payment of legal fees; in whole or in part. The court considers the same factors as in an alimony determination. However, the request for payment of legal fees often requires balancing the respective financial abilities of the spouses (including the ample liquid funds of a spouse to pay their own fees) with the notion that requiring a spouse to pay legal fees should not undermine the other financial orders of the divorce judgment.
Read here for another relevant blog: Legal Fees in a Connecticut Divorce
I represent clients in Connecticut Custody Application proceedings through 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 concerning the payment of legal fees in a Connecticut divorce.
Once you are placed on the DCF Central Abuse and Neglect Registry you are there indefinitely.
But here is some good news.
For those who have been placed on the Registry for over two (2) years they are able to apply for an Administrative Hearing to have DCF remove their name.
The burden is on the Applicant to prove the following:
- The Applicant has rehabilitated;
- The person has accepted personal responsibility for the acts or omissions that resulted in their placement on the Registry;
- There is a bona fide need to have their name removed;
- The Applicant must submit at least two supporting letters from those with knowledge of the Applicant’s successful rehabilitation.
A few points:
It seems that rehabilitation would have to be established through the use of therapists (and other professionals) or the completion of a certain type of program(s). Obviously, the more serious the original allegations the harder it will be to show rehabilitation. As a result, this proposal strikes a fair balance between those who have done their penance versus big-time or serial offenders. The true perpetrators are likely to remain on the list.
But why the bona fide need requirement? The theme here is whether the Applicant has been rehabilitated. For those who have changed for the better -take ’em off regardless.
It is estimated that there are over 90,000 names on the Central Registry. Hopefully, this post gives some of these people hope to clear their name.
I represent clients in DCF related matters through out Fairfield and New Haven Counties 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 me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation regarding Connecticut DCF.
Living Wills in Connecticut state a person’s wishes regarding the type of health care they wish to receive. Living Wills are only considered by medical providers when someone cannot make their own medical decisions or when they are unable to communicate those decisions.
If you are in a terminal condition or have been declared to be “permanently unconscious.” It also tells your doctors and other medical providers whether you want to be administered “life support systems.” This would include CPR, a feeding tube and respirator. However, this does not include regular nutrition and pain medication for your comfort.
I suggest that your Living Will be part of your overall Advanced Heath Care Directives. Advance Directives include the appointment of a Health Care Representative and the designation of a Conservator. It can also include your wishes regarding organ donation.
A Health Care Representative expresses your wishes when you cannot do so. Otherwise, you may be at the mercy of the hospital.
A Conservator of the Person is appointed by the Probate Court when someone is incapable of meeting their own needs. This is also includes making the inability to make appropriate medical decisions. If you do not name a Conservator in advance, then the Probate Court will do for you. Avoid this potential pitfall. You should want to control who makes decisions for you.
Essentially, all of these documents allow you to “speak” even if incapacitated.
Photocopies of Living Wills and any other Advance Health Care Directives should be provided to your doctors, anyone you have appointed to act for you, family members and close friends.
Living Wills in Connecticut
I have vast experience preparing Living Wills. I represent clients in estate planning matters through out Fairfield and New Haven Counties 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 me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation concerning the preparation of Living Wills and Advanced Health Care Directives.
Emergency Custody Hearings and denial of parenting time in Connecticut.
What can be done for parents who are separated from their children?
The statutory language set forth in Conn. Gen. Stat. 46b-56f is the applicable standard for “emergency ex parte order of temporary custody,” identified as a Priority 1 Business Function under these circumstances. I presume that any withholding of parental access and visitation which causes physical danger or psychological harm to the minor child falls under the language of the statute. This assures attorneys and parents that true emergency circumstances related to the withholding of parental access may be addressed through the current resources provided by the Family Court. This is a rapidly rising concern for lawyers and anxious parents.
Here is the response from the Family Court:
“The courts have received and acted upon, and will continue to receive and act upon, as Priority #1 matters all applications for emergency orders of custody pursuant to CGS 46b-56f, including the scheduling of hearings in cases where ex parte relief is granted. That includes applications alleging such harm based on withholding of parental access. The determination of whether the withholding of access in a given case creates “an immediate and present risk of physical danger or psychological harm to the child,” and if so what relief should be granted, rests within the sound discretion of the judge reviewing each particular application.”
In other words, very fact dependent. These motions will be determined on a case by case basis.
Reach out to me discuss your best course of action.
Connecticut Emergency Custody Hearings
In my opinion, courts will eventually grant more latitude with Emergency Custody Hearings during the COVID-19 Coronavirus. When a parent is unilaterally prevented from seeing his or her child, then a judge must begin to address this pressing issue. This is especially true when there are already orders in place regarding parenting time and visitation.
I represent clients in divorce and all Family Court matters matters through 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 me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation concerning an Emergency Custody Hearing in Connecticut amid the COVID-19 Coronavirus.