Frequently Asked Questions of Our Family Law Firm

When it comes to family law, preparing for a divorce or legal separation, or child custody, you may have a lot of questions. The team at Ferro, Battey & Eucalitto, LLC can help answer your questions and provide you with the legal guidance you are seeking. Take a look at our frequently asked questions below to get the answers to some of your questions. For further questions or concerns, or to schedule a consultation with one of our divorce lawyers, contact us today.

Does Connecticut have no-fault divorce? 

Connecticut has no-fault divorce, meaning that neither party needs to establish that the other is at fault to get divorced. Instead, to get divorced, one party must show that the marriage has irretrievably broken down with no hope of reconciliation. However, no-fault divorce does not mean that the fault of one or both parties is irrelevant. The court may still consider fault when making awards of alimony or dividing property.

What is the difference between a divorce and a legal separation?

Both a legal separation and divorce will change the status of your relationship. However, a divorce will end your marriage, and a legal separation will not. Both terms are similar but the outcome in each is different. In both, the court will divide the parties’ property and enter alimony and child support orders. Unlike divorce if spouses are legally separated, they are not free to remarry. Spouses may elect a legal separation over divorce for religious reasons or to keep certain financial benefits. A legal separation can always be converted into a divorce. Converting a legal separation into a divorce effectively requires the parties to repeat the process they went through to get legally separated. For that reason, legal separation is rare; divorce is far more common. 

How can a divorce lawyer help?

Having a divorce lawyer will help to make the divorce process less confusing and overwhelming. A divorce lawyer will be able to advise you on the law and realistic outcomes for settling your case or at trial. In addition, a divorce lawyer will manage the case, including dealing with the other side, and advocating for your positions. 

What is alimony?

Alimony is a court-ordered payment from one party to another. There are several factors that come into play when determining if one party should be granted alimony including, but not limited to, the length of the marriage, the amount and sources of income, and the causes for the breakdown of the marriage. Connecticut does not have alimony guidelines, which means that the decision to award alimony, including the duration and the amount, is entirely in the judge’s discretion.

How are child support obligations determined? 

In Connecticut, when determining child support, the court is required to consider the Connecticut Child Support and Arrearage Guidelines. The Guidelines set forth a presumptive child support award for each case based upon the parties’ combined net weekly incomes and the number of children the parties have. In addition, the court may consider a number of other factors, including, but not limited to, the estate and needs of the child, vocational skills and employability of each parent, and each parent’s earning capacity. The court may also deviate from the presumptive child support for different reasons, which can include shared physical custody, coordination of total family support, or extraordinary disparity in parental income.  To learn more about the calculation of child support in Connecticut, including high-income cases, click here.

What are the grounds for a “fault” divorce?

The fault grounds for divorce include adultery, fraudulent contract, desertion, alcohol or drug addiction, intolerable cruelty, imprisonment, and others. To get divorced, one party must establish one of these grounds.  It is uncommon for one party to ask for a divorce on a fault-based ground.

A party does not need to file for divorce on a fault-based ground, however, to argue that the court should consider the other party’s fault. The court may consider the fault of either party when making alimony and property division orders.

How long will the divorce process take?

It depends. If the parties have an agreement on all issues and meet certain other conditions, they may get divorced as soon as 35 days from the date the divorce starts. However, that is atypical. Depending upon the contentiousness and complexity of the case, the case could last a year or more. 

Who is entitled to custody of the children in a divorce case?

The court may assign custody of a child to either parent, jointly to both parents, or in very rare situations, to a third party, depending on the facts of the case and the best interests of the child. 

What is joint custody?

There are two types of joint custody: joint legal custody and joint physical custody. Legal custody concerns the parents’ ability to make major decisions for their children. Major decisions include health, education, and religious decisions. If parents have joint legal custody, the parents are required to agree on all major decisions for their children.

Physical custody addresses when the children are with each parent.  If the parents have joint physical custody, each parent spends time with the children. In some cases, parents may have shared physical custody, which means the children spend approximately half the time with each parent.

Still have questions? Reach out to Ferro, Battey & Eucalitto, LLC to schedule a consultation today.