Divorce is a legal matter brimming with emotion and often times is compared to the emotions one would experience grieving a loved one.

No two divorces are alike; each situation is unique to the individuals involved. It is important to hire an attorney who is versed in the complex issues that inevitably arise during this emotionally and financially difficult time. The divorce process involves the division of property, allocation of debts, alimony, child support, custody, and visitation. Attorney Berman will work tirelessly to craft an agreement on all of these issues. However, if an agreement cannot be reached, then she will litigate your case, aggressively and passionately.

What are the grounds for divorce?

Connecticut is a “no fault” divorce state meaning that one only needs to state that their marriage is “broken down irretrievably” to dissolve their marriage. However, “no fault” does not mean that a court will not consider whether one spouse is the reason why the marriage broke down to begin with. To the contrary, the concept of fault is built into our law and judges are permitted to consider whether one spouse had a more significant role in breaking down the marriage.

How long does the divorce process take?

Connecticut has a 90 day waiting period from the time of filing until a divorce can be completed. Attorney Berman aims to resolve all outstanding issues related to your divorce within that 90 day period, although the length of a divorce is unique to each situation.

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

The two terms are similar in nature but have one significant difference: the outcome. When one obtains a legal separation, they are not free to remarry. A court decree of legal separation results in a division of property and debts and a parenting plan, just like a divorce, however, neither party can remarry. The process of obtaining a legal separation is the same process as obtaining a divorce.
If a legally separated couple later wishes to divorce, the court will convert the separation to a divorce without a repeat of the divorce process.

How can I prevent my spouse from depleting our assets once I file for divorce?

Once a divorce action commences, automatic orders go into effect. These orders are binding on the plaintiff upon the signing of the complaint and binding upon the defendant upon service. The automatic orders prohibit both parties to a divorce or custody action from selling, transferring, encumbering, concealing, assigning, removing or in any way disposing of, without the consent of the other party or an order of the court, any money or property, whether held individually or jointly by the parties, except in the usual course of business and for customary household expenses.

Can I receive child support or alimony while my divorce is pending?

Yes. The court may make temporary orders or "pendente lite" orders for the payment of child support and alimony. These orders may be modifiable during the divorce process, by either party if the financial situations of the parties change, resulting in substantial increases/decreases in the income of the parties, loss of employment or other special circumstances necessitating a change in the support or alimony orders.

How does divorce effects my health insurance?

Dealing with your health insurer is probably not at the top of your "to do" list if you're getting a divorce. Even so, issues of health insurance are important while you are going through a divorce and immediately following a divorce.
Once a divorce is officially filed in Superior Court, automatic orders are entered which are designed to maintain the status quo until the parties are divorced or they are modified by court order. In that regard, one spouse cannot remove the other spouse from his or her health insurance absent court order.

However, once a divorce is granted, the ex-spouse can remain eligible to participate on the other party’s health insurance plan through COBRA (short for the Consolidated Omnibus Budget Reconciliation Act). COBRA provides a vital bridge between health insurance plans for qualified workers, their spouses, and their dependent children when their health insurance might otherwise be cut off. When a spouse notifies his or her employer of the divorce, the employer will send notices to the family members on the policy, informing them of their right to COBRA coverage. If you qualify for COBRA benefits, your health-plan administrator must give you a notice stating your right to choose to continue benefits provided by the plan. Typically, you then have 60 days to accept coverage or lose all rights to the benefits. Since COBRA benefits are meant to be short-term, the ex-spouse in this scenario might want to consider securing another health insurance policy.

If you have children and both parents have insurance coverage, it does not make sense to name children on both group plans and pay for two separate family coverages. If you can work through these issues amicably, the two of you should decide which group plan offers the best benefits for your children and put your children on that plan. Remember that notices about changes in benefits and rules will be mailed to the parent who holds that plan, even if the other parent has custody.

Now what?

Whether you have already decided to pursue a divorce or are still contemplating your options, it is helpful to learn the basics of the divorce process as this website provides only a glimpse of issues that might arise during your divorce. Schedule a consultation with Attorney Berman today to discuss all of your options.