Dear Attorneys,
I think I’m ready to get divorced. How does a divorce even work in Connecticut?
Sincerely,
Ready Rita
Dear Rita,
Making the decision to get a divorce can be difficult, so congratulations on working through that! In Connecticut, once someone decides to file for divorce, they can choose to be a self-represented party (also known as a pro se litigant), or they can retain an attorney. We always encourage potential clients to consult with multiple attorneys and find one that they have the best rapport with.
If you choose a “DIY” divorce, then you can get some assistance and resources at your local courthouse from either the Court Services Center or the Clerk’s Office. Otherwise, if you retain an attorney, you can sit back and let them do the heavy lifting! When a client first retains us for a divorce, we give them some “homework.” That consists of a financial affidavit (which is required to be filed in any divorce in Connecticut) and a questionnaire that is for our office internally to help us as we draft pleadings and negotiate going forward. We start by drafting the initial pleadings (Summons, Complaint, Automatic Orders, Affidavit Concerning Children if such is necessary, a blank Appearance for the other party, Request and Notice for financial discovery, and any pendente lite orders). After our client approves them, the pleadings are sent to a marshal that we secure and the opposing party (now known as the defendant) is served. Once the marshal completes service, he or she will send us a Return of Service, which we then file electronically with the court with the other initial pleadings.
Once everything is filed, we wait to see if the opposing party hires an attorney so that we know who we will be negotiating with and/or contacting. Internally, we work with our client to gather evidence to support what they are seeking, we work on their financial affidavit and gather the supporting documents, as well as past and ongoing financial production, and, if there were any pendente lite motions (things that need to be addressed before final judgment), we start to prepare for those negotiations, or arguments, as well. During this time, the first court date, known as a Resolution Plan Date, will be scheduled, and we will begin to prepare for the court date. Once we attend the Resolution Plan Date, we will have a better plan of the trajectory of the case and will know if we need any pendente lite hearings, a case date, and/or pre-trials. This is usually around when financial discovery is exchanged as well, which helps us to negotiate. Ultimately, we will then move forward to analyze the financial production and start drafting a proposal that will ignite the negotiations. While most divorces do settled via an agreement (sometimes also known as an uncontested hearing), some do proceed to trial. If our client’s matter gets to that point, we will discuss the pros and cons of trial, as well as the costs and time associated with such so that our client can make an informed decision.
Wolf & Shore Law Group is here to help you make your family law matters easier, not harder. We are realistic and direct with our clients. We encourage potential clients to seek out a firm where they will feel comfortable and confident. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at info@wolfandshorelaw.com.
Very Truly Yours,
Wolf & Shore Law Group
*The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.
