Connecticut Divorce Lawyers
Getting divorced can be overwhelming. Your familiar patterns and way of life are changing, and the future feels uncertain. Going through a divorce can be a time of stress, uncertainty and anger. How you handle this transition and the divorce settlement you negotiate will define the next phase of your life and many years to come. Therefore, obtaining an experienced divorce lawyer is critically important.
At The Law Offices of Conti, Levy, Salerno & Goodrich, LLC, in Torrington, our divorce attorneys guide people through the divorce process and resolve related issues involving child custody, property division and support. Providing compassionate counsel and vigorous representation, we work to achieve the best possible result for every client in a timely, efficient and cost-effective manner.
Creative Divorce Solutions
Family law includes any legal challenge involving families. It can include paternity actions and probate court procedures for adoption, guardianship and termination of parental rights. However, the majority of family law cases involve the dissolution of marriage and divorce. The basic issues in most divorce cases are the same:
- Dividing marital property: Marital property must be divided.
- Custody and visitation: Child custody, visitation and parenting time issues have to be settled.
- Financial support: Financial support, like child support and spousal maintenance or alimony, has to be resolved.
But in a deeper sense, every divorce is unique. To make a successful transition to life after divorce, you need solutions that meet your needs and those of your children.
Negotiation, Mediation, Collaborative Law And Divorce Litigation
Whenever possible, our family lawyers will try to negotiate a resolution to your divorce issues. We also recommend the use of alternative dispute resolution techniques, like mediation, to resolve issues involving property division, child custody, child support and spousal support.
However, these techniques may not work for every divorce case. An amicable or collaborative resolution may be particularly difficult in cases with complex assets or where domestic violence or abuse has occurred. Our lawyers also have extensive divorce trial experience and, if necessary, can provide vigorous representation in court to protect your rights and interests.
Connecticut Divorce: Answering Your Frequently Asked Questions
At The Law Offices of Conti, Levy, Salerno & Goodrich, LLC, our divorce lawyers have been helping Torrington families with their legal challenges for decades. Over the years, they have found themselves answering a lot of the same questions. Here, they provide answers to some of those questions. For questions about your specific case, they offer clients a confidential, free consultation.
How do I know if I am entitled to alimony or spousal maintenance?
Divorce is a product of statute. Section 46b-82 sets forth the criteria for the determination of alimony. The court considers:
- The length of the marriage
- The causes for the dissolution of the marriage
- The age, health, station, occupation, amount and sources of income of the parties
- The vocational skills, employability, estate and needs of each of the parties
- The division of property
In cases where a parent has been granted custody of the children, the court will also assess whether the custodial parent wants to work.
Am I entitled to part of my spouse’s retirement? Even if I didn’t work?
Frequently, a retirement plan (which falls into two categories: a defined benefit plan and a defined contribution plan) is one of the largest assets of a marriage and often exceeds the equity in the marital residence. Pursuant to Section 46b-81 of the General Statutes, a retirement plan can be divided between spouses. A special order from the court is required to divide retirement plans called a qualified domestic relations order, often referred to as a QDRO.
My soon-to-be ex wants to share custody of our child. What does that mean?
There are two ways to share custody of children. Parents can have joint legal custody of their children or can share joint physical custody. Joint legal custody is when the children reside primarily with one of the parents, but both parents are to attempt to reach an agreement on three major categories involving their children; health, education and religion.
Joint physical custody, sometimes called shared custody, is when the parents physically share the time with their children. The shared time does not need to be equal between the parents but should be substantially more than the usual visitation schedule of alternating weekends.
My divorce is final, but now I have had significant financial changes. Can I return to court and ask that the order be changed?
Some court orders can be modified, and others cannot. A property distribution, such as the division of the house, investments and retirement benefits, is not modifiable and therefore cannot be changed. Alimony is modifiable upon a substantial change of circumstances, assuming that the alimony order was not made “nonmodifiable.” Custody is always modifiable, as is child support, provided that the new child support order would be more than a 15% change in the current order.
Can my former spouse move to another state with our children?
If a spouse wishes to relocate, they have to prove that the relocation is for a good reason, the proposed location is reasonable and that the move is in the best interests of the child. When deciding whether or not the court will grant permission to a parent, it will consider:
- Both parents’ reasons for wanting or opposing the move
- The quality of the relationships between the child and each parent
- The impact of the relocation on the quantity and quality of the child’s future contact with the nonrelocating parent
- The economic, emotional and educational enhancement the move will have on the child’s life
- How likely it will be to preserve the relationship with the nonrelocating parent
Our experienced divorce lawyers can help you evaluate the circumstances of a prospective move and better understand what the court will consider when deciding whether or not to grant a move.
My spouse has physically abused me in the past and is now threatening to do it again. What can I do?
No one has the right to abuse or threaten to abuse anyone; domestic violence and abuse are not tolerated. If you are experiencing abuse, you can apply for a restraining order under 46b-15, which provides that any family or household member as defined in section 46b-38a who has been subjected to a continuous threat of present physical pain or physical injury by another family or household member or person in, or has recently been in, a dating relationship who has been subjected to a continuous threat of present physical pain or physical injury by the other person in such relationship may make an application to the Superior Court for relief under this section, and our domestic violence attorneys can help.
My former spouse is supposed to pay me child support every week but is often late and now owes me back support. What can I do?
There are several alternatives available when a parent doesn’t fulfill their support obligations. If a party fails to follow any court order, the other party can file a motion for contempt and request court intervention. You can also enroll with the Support Enforcement Office, which will monitor the payments to ensure compliance. Parties are entitled to rely upon the timely adherence to court orders. You can also obtain a wage withholding order so that your former spouse’s child support is automatically taken and paid by the employer.
Schedule A Free Consultation With A Torrington Divorce Attorney
For a free initial consultation about a divorce in Litchfield County or elsewhere in Connecticut, call The Law Offices of Conti, Levy, Salerno & Goodrich, LLC, at 860-866-4637 or contact us online.
Se habla Español.