PREPARING FOR A DIVORCE
OUR ATTORNEYS SERVE THE GREENWICH, FAIRFIELD, NEW CANAAN, STAMFORD & WESTPORT, CT REGIONS
It doesn’t matter if you’re seeking a divorce from your spouse or you’ve just been served with divorce papers from them. It is extremely important to choose a good divorce lawyer to represent you in your case. In fact, choosing your attorney may be the single most important decision you’ll make. While having the right lawyer on your side won’t make the process of divorce easy, it can surely help you to deal with it more easily. Whether both parties are fairly agreeable when it comes to divvying assets or the proceedings are expected to be very contentious, you need someone looking out for your rights under the law.
At Ferro, Battey & Eucalitto, LLC, we are well versed in all types of divorce cases, including those that settle before court proceedings as well as those that are heard in court. We proudly provide representation for clients throughout the Westport, Stamford, Greenwich, New Canaan, and Fairfield, CT areas. We take a personalized approach to each case while recognizing that this is a very emotionally and mentally trying time for most people. Therefore, we remain empathetic with you while fighting nonstop for you in your case.
Allow Our Divorce Lawyers to Help You Prepare
There are many elements that must be factored into preparing for a divorce case, including finances, child custody and support issues, distribution of property, and asset valuation. Depending on your specific needs, we can partner with financial experts, psychologists and social workers, and other professionals from around the area to ensure the courts are given the most complete picture. Obviously, it’s best to gather evidence from these experts early in the process so they can better bolster your case.
Keeping in mind that divorce can be a very trying process, our firm also helps find mental health counseling for our clients, should they need it. While some people may think that seeking therapy is seen as a sign of weakness by a judge in a divorce case, that simply isn’t true in our experience. In fact, your therapist can be a valuable ally.
We understand that many people just want the quickest and easiest route to the end of the case. That’s why we always seek solutions such as mediation and reconciliation when possible. Rest assured, however, that we are highly experienced and always ready if we should have to go to court with your case.
LEGAL SEPARATION VS. DIVORCE
Some people are under the mistaken belief that a legal separation is a quicker and easier way to accomplish the same thing as a divorce. In reality, both processes cost and run about the same on average. The only significant difference is that people who file for legal separation cannot get remarried. All other aspects are virtually identical. You must still go through the same procedures, pay roughly the same amount of money, and spend about the same amount of time.
Before you opt for a legal separation rather than a divorce, consider your options carefully. Our attorneys would be happy to help you fully understand the differences and determine whether a separation or divorce is best in your unique case.
CONTESTED VS. UNCONTESTED DIVORCE
Divorces fall into two main categories: uncontested and contested.
● Uncontested Divorce: In an uncontested divorce, both parties agree on everything to be determined in the divorce prior to the case going to court. The joint agreement is drawn up and submitted to the court for final approval.
● Contested Divorce: If a divorce is contested, it means the parties cannot agree on matters like property distribution, spousal support, and child support and custody (among others). The case must then go before a judge, who decides how the joint assets are divided and custody of the children is worked out.
Whether you believe your divorce is likely to be contested or uncontested, it’s essential to have a skilled attorney in your corner. Contact us today to learn how we can help you protect your assets, your legal rights, and your peace of mind during a divorce case. Our divorce attorneys serve clients throughout the Greenwich, Fairfield, New Canaan, Stamford, and Westport, CT areas.
How to Prepare Your Children for the Divorce
Of course, if you have children, you and your soon-to-be-ex-spouse will have to tell them about your decision. This can be extremely difficult, and it’s something divorcing parents all struggle with. While you may need to be direct when telling them, you must also be understanding of their feelings and concerns. You may also wish to consider professional counseling and therapy to help your children cope and discuss their feelings with a neutral, non-judgemental third party.
Ferro, Battey & Eucalitto, LLC is a caring law firm that truly wants the very best outcome for all our clients. While we’re compassionate when dealing with clients, we have no problem standing up to the other side when necessary in a contested divorce. Our firm will act as a tireless advocate for you. Once you’ve gathered the needed financial documentation for your case,
please contact us to schedule a consultation.
Consider These Factors Prior to Contacting Our Team
We’ve helped guide plenty of clients through the primary stages of the divorce process, and we’d love to help you as well. It’s a very good idea to do a few things before contacting a divorce lawyer:
● Gather any and all financial documents you have. The more information you can present to your attorney, the stronger your position will be. These may include income tax returns, credit card statements, bank accounts, and any applicable business documents, including corporate tax returns.
● Gather as much information as possible about not only your assets, but also your spouse’s. This is vital information when determining the total value of marital assets to be divided. Information like this becomes even more important in high net worth divorce cases and is used when determining things such as spousal and child support.
● If you have children, ensure your relationship with them is as strong as possible, particularly if you think custody or visitation may be contested. “Winning” a child custody case often does not involve proving that the other parent is unfit, but rather proving that you are in a better position to care for your child’s needs. See our blog post for more information.
● Avoid making large purchases. A large purchase can be seen as improperly spending marital assets. If you must make large
purchases, leave a paper trail and save your receipts. This will make it easier to remember why the money was spent and defend your actions in court, if necessary.
LEGAL SEPARATION AND DISSOLUTION
In Connecticut a legal separation is almost the same as a dissolution of marriage. The same papers must be prepared, served, and filed with the court. The case will take the same period of time, and the same issues must be addressed. In other words, at the time the court legally separates you, alimony, custody, child support, property division and other issues will have to be determined. The only significant difference is that if you and your spouse become “legally separated,” you will not be free to marry. Legal separation sometimes makes sense because of religious concerns, for medical insurance purposes, or for social security purposes.
A legally separated spouse is, however, treated the same as a divorced spouse for income tax purposes.
A legal separation may be changed to a dissolution of marriage while the case is pending. It may also be changed at any time after the legal separation is granted if the spouses have not resumed marital relations after the separation. However, the court may review the parties’ finances at that time to see if the financial arrangements between the spouses should change or remain the same.
Sometimes a couple makes a decision to separate without starting a divorce or legal separation. There is no law that forces a married couple to live together. The decision to separate should, however, be made carefully. Who has had possession of the house and children can have great impact on how those issues will be resolved in a later divorce. How much or how little the spouse out of possession is paying to the spouse in possession of the family home, or vice versa, can also be important.
If you or your spouse is thinking of leaving the family home, you should each seek advice from a divorce lawyer. If either of you has left the home, and you have not already consulted with a divorce lawyer, each of you should immediately do so.