Divorce FAQ

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What is an "annulment"?

An annulment is a ruling by the court that puts aside a marriage as though it never existed.

When might an annulment be granted?

An annulment may be granted for several reasons. For instance, one party may be underage and did not obtain parental consent. One party may already be married. One party may have fraudulently concealed information that impacted the decision to marry (e.g. infectious disease, inability to have children, a criminal record). Perhaps the marriage was never consummated.

What is a"legal separation"?

Legal separation is a legal status conferred by a court wherein the parties remain married but the court sets the rights and liabilities of the parties with respect to child custody, support, visitation, alimony, property, and debts.

What is a"divorce"?

A divorce, or dissolution of marriage, is a judicial termination of a marriage based on statutory causes arising after the marriage ceremony. As a result of a divorce both parties become single again.

What is a"no-fault" divorce?

A no-fault divorce is one in which neither spouse blames the other for the breakdown of the marriage. Both spouses agree that “irreconcilable differences” have arisen.

Can you fight grounds that are alleged for divorce?

Yes, fault grounds can be contested. The party making the allegation must prove the truth of the allegation. The other spouse can rebut that allegation as in any other legal trial.

Can my spouse and I use the same attorney for our divorce?

An attorney in a mediated divorce does not represent either party against the other. If you want to consider this approach you should confer with a proposed mediator.

 

Using separate lawyers does not have to lead to a messy and adversarial situation where none previously existed. However, it does lead to peace of mind knowing that each individual’s interests were properly represented.

How long will it take me to get a divorce?

You should confer with an attorney given the facts of your situation.

What is a deposition and what's going to happen?

Both parties have the right to engage in “discovery” to gather facts from the other party, and sometimes from third party witnesses. A deposition is a type of discovery in which the lawyer for a party takes your testimony.

 

At the deposition you will be put under oath, and your spouse’s lawyer can ask you a wide range of questions relating to the case. The lawyer’s questions, and your answers, will be taken down by a court reporter.

 

You have the right to have your lawyer present at the deposition, and you definitely should. Your lawyer will help you protect your interests. First and foremost, your lawyer should spend time reviewing the facts with you and preparing you to give a deposition. Your lawyer will tell you to listen carefully to each question and then answer only the question that is asked, and not to volunteer anything or raise other issues. Your lawyer will tell you that if you do not understand the question, ask for a clarification. Your lawyer may object to questions that for one reason or another are improper.

 

Your deposition, when properly handled, can go a long way in assisting your lawyer in the litigation either by way of settlement or at the trial. What you do at the deposition can help you or hurt you, depending upon your attitude, truthfulness and appearance.

What will happen to our health insurance for my dependent children after our divorce?

A spouse may sometimes be ordered by the court to keep the children on his or her policy. However, as you are no longer married you are no longer eligible for coverage under your former spouse’s policy. Most plans offer a conversion package to individual coverage under COBRA, a federal law. The cost of insurance is usually the responsibility of the separate parties after a divorce.

Why must some retirement plans be divided in a special manner?

Federal law governs most retirement plans. Most retirement plans receive special tax treatment, allowing contributions to the plan to go in before taxes are paid, and further allowing the income on the money in the plan to accumulate without current tax. Upon divorce, a special order, called a “Qualified Domestic Relations Order” (QDRO) may be issued by the court and served upon the plan’s trustee. The QDRO defines how much of each payment is to go to each spouse.

What is the effect of a divorce on a will?

In Connecticut, usually a divorce revokes an entire will, but not always. You should confer with an attorney.