If your ex-spouse is not complying with orders from another state, you can take action in Connecticut Family Court. For example, out of state orders (foreign judgments) concerning custody, alimony, child support and other divorce orders can be enforced in Connecticut if they are properly registered here.
Here is a “snapshot” of the procedure:
- Satisfy the residency requirements
- Obtain certified copies of the orders from the originating state
- Properly file the out of state orders with the Clerk’s Office in Connecticut
- Provide proof that the other party was correctly served
Once the out of state orders are accepted in Connecticut, a party can enforce and modify the judgment here.
A common scenario involves a party who failed to follow orders from another state and has since relocated to Connecticut. The “innocent” party seeks what is owed.
Collection procedures could include:
- Incarceration to coerce compliance with the court order
- Income withholding so that the required payment is taken directly from a paycheck
- Judgment lien on real estate
If a party is found in contempt, they may also be ordered to pay legal fees.
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 regarding enforcing an order from another state.
Contact me to discuss how to register out of state orders in Connecticut.
In a Connecticut divorce, 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 a docket number.
The 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.
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. It is not the date the other spouse is served that controls the waiting period.
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 court proceedings. 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.
Most divorce attorneys bill by the hour. However, a flat fee for an uncontested Connecticut divorce makes sense in select situations. The lawyer handles the divorce case from start to finish for a one time fixed fee.
No invoicing or sticker shock.
Flat Fee Uncontested Connecticut Divorce Attorney
Cases that are hotly contested and heading to trial do not qualify for flat fee billing. Therefore, for litigation involving division of property, spousal support or custody of children the hourly billing model is almost always used.
A flat fee for an uncontested divorce in Connecticut is best suited for those cases where there is an agreement on the most important issues (i.e. property distribution and support) but a client needs advice on a few limited areas and some general guidance on navigating through the divorce maze.
When a divorce is uncontested, many spouses are tempted to represent themselves rather than hiring a lawyer. That’s understandable – why spend money on a lawyer unless there is a return on the investment?
So here are a few advantages of paying a lawyer a flat fee for an uncontested divorce:
1. Cost – this is the obvious one. The client knows upfront the exact amount they will spend for representation. This is especially important while finances are being sorted out and when resources are tight.
2. Flat fee representation reduces conflict since the attorney deals with the other lawyer or spouse and therefore interaction between is minimized.
3. All court-imposed deadlines are met and the case proceeds quickly and efficiently.
4. The proper documents are filed and a comprehensive Separation Agreement is prepared for the uncontested divorce. The Agreements drafted by lawyers typically have much more detail and are more thorough than the boilerplate court forms. Plus, based on a lawyer’s experience, issues are identified and addressed in advance. This in turn decreases the likelihood that you will have to return to court to take care of a loose end.
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.
Contact me online or call me in my Stamford office at (203) 356-1475 or in my Fairfield office at (203) 259-5251 to learn more about this cost effective divorce option.
A legal separation is similar to a divorce – the same laws apply regarding custody, child support, alimony and property distribution.
In addition, the court fees are legal fees are the identical. Some people opt for legal separation because they think it is “cheaper.” It’s not.
Here are some considerations to help you decide whether to file for a legal separation or a divorce:
1. The Social Security 10 year rule. As a general rule, if a marriage has lasted ten years, a divorced spouse who has not remarried may elect to collect benefits based on their former spouse’s work record. Therefore, many spouses choose a legal separation until they meet the ten-year mark. Smart.
2. Potential military benefits. Military spouses must be married 10 years to obtain benefits under the Uniformed Services Former Spouse Protection Act. Again – smart.
3. Health insurance. In some instances, a spouse can remain eligible for health insurance coverage while legally separated. This is especially beneficial if the spouse has a pre-existing medical condition, which would make obtaining other insurance costly. Whether a spouse can remain covered under a health insurance policy is determined by the insurance plan; not a judge. Check on this now.
4. Religious reasons. Spouses may be opposed to divorcing based on their religious beliefs. Yes – this does happen.
5. Potential reconciliation. The spouses may need some time away to gather their thoughts about their relationship without the finality of divorcing. Keep the door open.
The length of legal separation is indefinite. The parties will remain legally separated until the legal separation is converted to a divorce or the parties resume marital relations and request that the court vacate the legal separation.
If you are legally separated you cannot remarry – you are still married even though it might not feel like it. Therefore, if you wish to get remarried, you must get divorced. No bigamy in Connecticut.
Filing for divorce in Connecticut should not be taken lightly. Be certain that you want a divorce and that it is not a threat made out of anger or frustration. Divorce is obviously not a step to be taken lightly. However, if reconciliation is not possible and divorce seems inevitable, here are a few steps to help you prepare for divorce in Connecticut.
1. Determine your monthly living expenses. Completing one of these Financial Affidavits will help.
2. Have money available. I suggest enough for three months of living expenses with room for hiring professionals such as accountants and attorneys. You might consider opening an individual checking account for setting aside money or getting a new credit card. Once the divorce is filed, accounts are “frozen” and it takes weeks to get before a judge to establish any temporary orders like alimony, access to funds or deciding how living expenses will be handled.
3. Gather your financial records. At minimum this includes, three years of tax returns, pay stubs (and other evidence of current income), bank records, retirement account statements and information concerning both medical and life insurance.
4. Run your credit reports. This will let you know what’s out there. Plus, if you are considering keeping the marital home your credit score will determine the feasibility of a “buy-out” and your ability to refinance the existing mortgage.
5. Get a post office box. You need privacy at a time like this. This is especially true if you are still living together.
6. Change your beneficiaries. This includes life insurance and retirement accounts if possible. You should also consider revising your will and estate plan.
Connecticut Divorce Attorney
I represent clients in estate planning matters 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 filing for divorce in Connecticut.
Parents going through a divorce here have to complete the Connecticut Parenting Education Program unless excused by a judge from participating.
The program is designed to educate parents on the developmental stages of children, adjustment of children to parental separation, dispute resolution and conflict management for parents, guidelines for visitation, stress reduction in children and cooperative parenting.
Most of the feedback I get is that the program is worthwhile. Of course, like any type of educational course, you get what you put into it.
A few points:
Parents may attend together but are not required to do so.
Online courses do not fulfill the requirement since they do not provide interactive participation through questions and answers and role playing scenarios.
The Notice of Automatic Orders requires that parents complete the program within sixty days of the commencement of the case. However, I encourage parents to complete the program as soon as possible so they may put into play what they have learned.
Some judges are fining parents for not completing the class on time.
Completion of the Parenting Education Program is among the “best interest” factors a judge may consider when deciding custody and visitation issues.
Most of the agencies that offer the program will accommodate parent’s work schedules. In fact, many offer evening and weekend slots.
Here is the list of providers for the Program:
http://jud.ct.gov/Publications/fm151.pdf
Please contact me if you have questions about the Connecticut Parenting Education Program.