Divorce Attorney

What Does a Divorce Attorney Do?

A divorce attorney explains your rights and obligations under Connecticut law, prepares and files court documents, negotiates on your behalf, and represents you in court when needed. Divorce in Connecticut typically involves four main areas:

• ● Child custody and parenting time
• ● Child support
• ● Alimony (spousal support)
• ● Division of property and debt

Connecticut statutes and court rules govern each area, and each has deadlines and paperwork that matter. An attorney can help you avoid procedural mistakes and make informed decisions.

How Do You File for Divorce in Connecticut?

In Connecticut, a divorce is called a “dissolution of marriage.” The process generally includes these steps:

1. ● Meet the residency requirement. In general, at least one spouse must have lived in Connecticut for 12 months before filing or before the final judgment, with limited exceptions.
2. ● File the complaint in Superior Court. You usually file cases in the judicial district where one spouse lives. For many Fairfield County residents, that is the Judicial District of Fairfield at Bridgeport.
3. ● Serve your spouse. You must formally serve your spouse with the court papers.
4. ● Follow the automatic orders. After service, Connecticut’s automatic orders limit certain financial actions while the case is pending, such as transferring or hiding assets.
5. ● Complete required disclosures. Both spouses exchange financial affidavits. If you have minor children, you will generally also need to complete a court-required parenting education program.
6. ● Negotiate or litigate. Many couples settle through negotiation or mediation. Cases that cannot be resolved go to a hearing or trial, where a judge decides the open issues.
7. ● Wait out the required period. Connecticut generally requires a 90-day waiting period after the return date before a divorce can be finalized. Contested cases often take longer.

Timelines and requirements can change, and every case is different. We will review the current rules that apply to your situation.

What Are the Grounds for Divorce in Connecticut?

Connecticut allows both no-fault and fault-based grounds for divorce under Conn. Gen. Stat. § 46b-40(c), though no-fault is by far the most common. Most divorces are based on an irretrievable breakdown of the marriage, which means the marriage has broken down without any reasonable prospect of reconciliation. You do not need to prove that your spouse did something wrong.

Connecticut law also lists other grounds, such as adultery and intolerable cruelty, but they are rarely needed. Even in a no-fault case, a judge may consider the reasons the marriage ended when making certain financial decisions.

Separately from divorce, an annulment is a legal finding that a marriage was never valid. It is available only in limited circumstances.

How Is Child Custody Decided in Connecticut?

When parents cannot agree, Connecticut courts decide custody based on the child’s best interests. Connecticut separates custody into two parts:

• ● Legal custody: the authority to make major decisions about the child’s education, health care, and upbringing.
• ● Physical custody and primary residence: where the child lives and how parenting time is shared.

Parents often agree on a parenting plan. If they cannot, a judge may consider factors such as:

• ● The child’s age, needs, and developmental stage
• ● Each parent’s ability to meet the child’s needs
• ● The child’s relationship with each parent
• ● The child’s adjustment to home, school, and community
• ● Each parent’s willingness to support the child’s relationship with the other parent
• ● The physical and mental health of everyone involved
• ● Any history of family violence or safety concerns

If your case involves safety concerns, our firm also assists with temporary restraining orders. To learn how support is calculated, see our page on child support in custody cases.

How Does Alimony Work in Connecticut?

Alimony is a court-ordered payment from one spouse to the other. Connecticut courts decide whether to award alimony, and how much and for how long, by considering factors such as:

• ● The length of the marriage
• ● The age and health of each spouse
• ● Each spouse’s income, earning capacity, and employability
• ● Each spouse’s assets and financial needs
• ● Child custody arrangements
• ● The causes of the marriage ending

Alimony may be temporary while the case is pending or ordered as part of the final judgment. It may be modified or end under certain circumstances, such as a substantial change in circumstances, the recipient’s remarriage, or the death of either party. The terms of your judgment or agreement control, which is why careful drafting matters.

How Is Property Divided in a Connecticut Divorce?

Connecticut follows equitable distribution, meaning the court divides property in a way it considers fair, not necessarily equally. Property that may be considered includes:

• ● Real estate, including the marital home
• ● Bank accounts and investments
• ● Retirement accounts and pensions
• ● Vehicles
• ● Business interests
• ● Debts

Unlike some states, Connecticut does not draw a firm line between “marital” and “separate” property. Courts can consider assets a spouse owned before the marriage, along with gifts and inheritances, when making financial orders. Judges look at factors such as the length of the marriage, each spouse’s contributions, and each spouse’s financial circumstances and future needs.

Because these decisions can have long-term financial effects, gather complete documentation early and understand how your assets may be treated.

Frequently Asked Questions About Divorce in Bridgeport, CT

How long does a divorce take in Connecticut?

Connecticut generally requires a 90-day waiting period that starts on the return date. Cases where the spouses agree on all issues may finish soon after that period, while contested cases involving custody or complex finances can take much longer.

Do I have to prove my spouse was at fault?

No. Most Connecticut divorces are based on an irretrievable breakdown of the marriage, and you do not need to prove misconduct.

Is Connecticut a 50/50 state for property division?

No. Connecticut uses equitable distribution, meaning the court divides property in a way it considers fair based on your case’s circumstances. That may or may not be an equal split.

Who gets custody of the children?

Parents may agree on a parenting plan. If they cannot, the court decides based on the child’s best interests. Courts often favor arrangements that keep both parents involved, but each case depends on its facts.

Is alimony permanent?

Not necessarily. The amount and duration depend on the facts of the case, and orders can sometimes be modified or end under certain circumstances.

Can I get divorced without an attorney?

You have the right to represent yourself. Because divorce involves legal deadlines, financial disclosures, and decisions that can be difficult to change later, many people choose to consult an attorney first.

What should I bring to my first consultation?

Bring recent tax returns, pay stubs, bank and retirement account statements, mortgage or lease documents, a list of debts, and any existing court orders. If you do not have everything, come anyway; we can tell you what to gather.

Why Contact José Antonio Pol & Associates, LLC?

• ● Local focus: Our office is located on Broad Street in Bridgeport, and we assist clients throughout Fairfield County.
• ● Personal attention: Attorney Pol handles each matter himself and communicates directly with clients.
• ● Clear explanations: We take time to explain the process, your options, and the possible risks and benefits of each decision.
• ● Related services: We also handle other family law, real estate, and criminal defense matters, so we can help if your divorce overlaps with another legal issue.