Since my spouse had an affair during our marriage, wouldn’t it be better for me to litigate?
In general, affairs do not play a significant role in the outcome of court orders. If the affair was the cause of the marital breakdown, the court may consider it when making decisions about alimony and property division. However, through mediation or collaboration, the same issues often can be addressed in a more healthy and productive manner.
If I leave the marital home, will my spouse be entitled to all the equity in it?
No. In Connecticut, if one spouse vacates the marital home, she/he does not lose his/her right to seek a fair division of any equity in it. One’s marital home is considered to be a marital asset to be negotiated.
However, it may not be advisable to leave the marital home for other reasons. Therefore, you should consult with your attorney in advance.
If title to our home is in my spouse’s name alone, does that mean the court will not award me the house?
No. In general, the court will consider the home to be a marital asset regardless of whether the home is in wife’s name, husband’s name or owned jointly.
Can my spouse force me to move out of the house?
In very limited instances one spouse can be granted exclusive possession of the marital home.
Can I date while my divorce action is pending?
In over 20 years of practice, there are few clients who truly comprehend the reasoning behind my advice in this regard, until they date while the divorce action is pending and experience the negative consequences. Technically, a spouse can date during this time. However, whether it is advisable given the sensitive emotional state of each spouse during this time, coupled with the effect on children of parents dating during the divorce process, is another issue.
What is the Parent Education Program?
In order for couples with children to divorce in the State of Connecticut, they must attend a six hour Parent Education Program. The purpose of the program is to help parents help their children during the divorce process. It covers topics such as adjustment issues of separation, tactics for conflict management, parenting plan issues and resolution options, and cooperative parenting.
If my husband and I agree on issues regarding our children, do we still have to take the Parent Education Course?
Yes. The Parent Education Program is required by the Court as a condition of getting divorced.