Connecticut Divorce Legal Questions

The important issue is to be sure the opposing party is aware of the legal action you are taking.  It is best if he can be served with legal papers personally.  If he visits Connecticut, you should serve your papers at that time.  If you do not have an address, you may satisfy the notice requirement if you publish details of your legal action in a newspaper of general circulation in the area in which he last resided.... Read More

The very short answer is yes because you owned it during the marriage, even the short one. However, even though you owned it during the time of the marriage, the court will take into account who purchased the property and the length of the marriage. Both factors will be very important and it is not likely your soon-to-be ex will be entitled to any claim, unless there are factors not disclosed here.... Read More

In many situations, you would be entitled to spousal support, except in a situation in which you earn more than he does. So long as you were married for more than 10 years, you have an argument for obtaining a portion of his social security benefit when you are old enough to collect. However that question is difficult to answer with the limited information you have given.... Read More

Your fiance can obtain a divorce whether or not his Guatemalan wife agrees. CT is a no fault divorce state. He does not need her "permission" or cooperation. Because your fiance has lived in Connecticut for at least one year, he can file for divorce in CT. He will have to serve his current wife in Guatemala with the divorce papers. This can be done through several avenues. He needs to retain a family law attorney... Read More

The only way to keep the costs of a divorce down is to not lititgate it. If there is complete agreement on all issues, then the divorce can be done relatively inexpensively. The more attorney time is involved, the more expensive it will be. If there is essentially agreement on most issues, you can try the collaborative divorce route. There are attorneys available for that specific purpose.... Read More

That is difficult to answer with the information supplied. Generally any property, including any money or bank accounts, are considered marital property and therefore subject to distribution orders. However, with proceeds from a personal injury case, arguments can be made, particularly if the funds were never used for marital purchases. You need to speak with a family law attorney in order for a full answer.... Read More

There is no requirement of separation in Connecticut. Connecticut is a no-fault divorce state. This means that all you have to do is allege "irreconcilable differences" in order to get divorced. You just need to be a resident of Connecticut for one year prior to the final judgment. There is a 90 waiting period but then about 30 days later is a case management date. If you and your spouse work out all your differences and can have an uncontested divorce, you can be divorced on that date. So, it will take 4 mos. at the fastest. Infidelity is one factor the court can take into account when deciding how to distribute marital property and determine alimony. It does not have to be a ground for divorce. In fact, you are better off alleging "irreconcilable differences" as she may try to defend against infidelity. There is no "defense" to irreconcilable difference".... Read More

Your spouse is entitled to one half of the community portion of your 401(K). If you were participating prior to the marriage that separate portion is your sole and separate property. If you take a 401(K) loan it will not impact the value of the 401(K) for purposes of division. The loan will be treated as an advance to you, and if that advance is all community funds you will owe your spouse one half of the amount of the loan.... Read More