gavel, wedding rings, and scales of justice symbolizing divorce

WEST HARTFORD, CONNECTICUT DIVORCE LAWYER

Parents and Child Divorce ends almost half of all marriages. About two million people divorce each year. Some of these people can divorce on friendly terms. Most cannot. They feel hurt, betrayed, angry, abandoned. They worry about money and an uncertain future after the separation. Those with children are concerned about the effects of the divorce on their children.

We at the Serrano Law Firm, LLC, understand how difficult divorce can be. Our goal is to protect and guide you through the legal process so that you come to see the separation not as an ending, but as a beginning. Call us at 860 236-9350 to let us give you the information you need and help you and your family make this a positive life change. Your initial consultation is free.

  • Hartford
  • New Britain
  • WATERBURY
  • Meriden
  • Middletown
  • Rockville

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Attorney John Serrano, Hartford divorce and family law attorney I am Attorney John Serrano and I have been helping clients for over 30 years in all aspects of family law, including divorce , child custody and visitation disputes, restraining orders, relocation cases, post judgment alimony modification, and prenuptial agreements. I handle all types of divorce cases, from trials to no-court divorce and quick, no-fault divorce for couples who qualify for these streamlined procedures. I also provide mediation services for couples who wish to try and work things out themselves so as to avoid the expense and stress of adversarial divorce.

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CONNECTICUT DIVORCE LAW

Connecticut divorce and family law statutesA divorce is a lawsuit. It usually starts by a marshal serving divorce papers in hand or leaving them at a residence or by sending them certified mail out of state. The legal term for divorce in Connecticut is dissolution of marriage. Divorce, custody, child support, visitation and restraining orders are all handled by the Connecticut family courts.

A spouse cannot stop another spouse from getting a divorce. While it is best if both spouses cooperate by going to court together, refusing to go will not keep your spouse from getting a divorce. The law now lets a person who files for divorce go to court and get divorced with final orders if the other spouse does not file a form called an Appearance within 30 days after the return date.

The return date is written on the divorce papers. It is usually 2 to 4 weeks after you get served with divorce papers. You can think of the return date as the date the case is officially in court. The court uses the date as the starting point for certain deadlines, including the 30 day deadline for the spouse that was served to file his or her Appearance form with the court.

The divorce papers include a summons, a complaint containing the reason for the divorce (usually irretrievable breakdown), and automatic orders. The automatic orders must be followed by both the plaintiff (the person who started the divorce) and the defendant (the person who was served with the divorce papers). These orders prohibit the parties (the two spouses) from doing things that would significantly change the situation as to their finances and their children.

Most of the Connecticut divorce courts will schedule one or two meetings at the court to help the parties reach an agreement in regard to child custody, alimony, child support, property separation or the other issues. At the first negotiating session, the parties and their attorneys meet with special masters (divorce attorneys who volunteer to act as impartial mediators) to try and work out an agreement. At the second negotiating session, the lawyers will meet informally with a divorce judge. The special masters and the divorce judge only make recommendations. No orders are entered except by agreement. Parties with minor children are required by the automatic orders to complete a parenting education program.

At any time that the parties reach an agreement, they may go to divorce court to have the judge approve the agreement and enter the divorce. If the parties cannot reach an agreement, the divorce case will be tried before a judge who will enter financial, child custody and visitation orders.

Because a divorce can take some time, the parties can get temporary orders in regard to child custody, visitation, payment of child support and alimony, payment of mortgages and other bills, and who stays in the home. These orders are replaced by final orders when the divorce enters.

Divorce courts can punish persons who purposefully disobey orders. The divorce court can find the person to be in contempt of court and require the person to pay the other party's attorneys fees.

After the divorce, courts can always change orders regarding custody, visitation and child support. This is because the divorce courts are required to look out for the best interests of the children. Financial orders can be changed after the divorce if the final orders allow for modification. Non-modifiable orders can only be changed for exceptional circumstances such as fraud.

DIVORCE MEDIATION — IS IT RIGHT FOR YOU?

Couple working with a divorce mediation lawyer

Attorney Serrano provides mediation services to help couples work together to resolve their issues and reach a mutual agreement to settle their divorce. Mediation reduces expense and emotional conflict. Attorney Serrano meets with both spouses together as often as necessary to resolve all aspects of the divorce.

When children are involved, spouses who get divorced must continue to deal with each other after the divorce. Spouses that have gone through a contested, adversarial divorce are often bitter and angry, making it difficult for them to be civil with each other for the sake of their children. Successful mediation avoids these feelings.

For mediation to succeed, both spouses must be able to:

  • Explain what he or she wants for the terms of the divorce.
  • Set aside anger in order to rationally discuss issues.
  • Listen to each other.
  • Be willing to compromise.

Attorney Serrano will explain the divorce process and what must be covered in a divorce agreement, present options, help draw up the final agreement, complete the forms required by the court, and accompany the spouses to court to present their agreement to the judge and finalize the divorce.

As your mediator, Attorney Serrano remains neutral. He does not represent either spouse but meets with both spouses together to resolve all aspects of the divorce, including custody, visitation and child support; payment of children's college expenses; division of real estate, bank accounts, investment accounts, personal property, pensions and other retirement accounts; payment of alimony, if appropriate; and division of credit card debt and other liabilities.

Talk to your spouse. If the two of you think mediation might work, call us at 860 236-9350 to set up a free consultation with Attorney Serrano.

Divorce In Connecticut Without Going to Court

Signing divorce agreement

If you meet certain requirements, we can help you get divorced in Connecticut without going to court. The process takes about 35 days. If you meet the requirements listed below, call us at 860 236-9350 for a no fault, no court quick divorce.

  • You have been married for less than 9 years.
  • You have no children with each other.
  • Neither you nor your spouse is pregnant.
  • Neither of you owns a house or other real estate.
  • The total value of all bank accounts, cars and other property that you and your spouse own is less than $80,000.
  • Neither of you have a pension from your current or past job.
  • Neither of you has a bankruptcy case going on now.
  • There are no current restraining orders or protective orders between you.
  • No other divorce case currently exists between you.
  • The two of you agree on how to divide everything up.

REQUIRED DIVORCE FORMS

Both spouses must sign the forms listed below.

  • Joint Petition for Divorce. Both spouses sign this.
  • Financial Affidavits. Each spouse must fill one out listing his or her income, expenses, debts and assets.
  • Appearance Forms. Each spouse must fill one out stating that they are representing themselves.
  • Certification of Notice in Family Cases. Filled out if either spouse has received public assistance.
  • Agreement. Filled out if the spouses are dividing property, money or debt.

QUICK, NO - FAULT DIVORCE IN CONNECTICUT

Clock, gavel and calendar Until recently, even if you and your spouse agreed on all the issues of your divorce, you still had to wait for 90 days before you could get divorced. Now you can get divorced as soon as you reach an agreement even if you have children, own real estate, and have a lot of assets to divide.

No one should rush into a divorce agreement, especially if minor children, real estate, pensions and significant assets are involved. We can we represent one of you while your spouse represents himself or herself or hires a lawyer. Or we can meet with the two of you and provide mediation services to help you both reach an agreement.

You should consider these issues in reaching an agreement.

  • Legal Custody. Who will make the decisions in your children's lives?
  • Physical Custody. With whom will your children live?
  • Visitation. When will your children see the non-custodial parent?
  • Child Support. How much child support will be paid?
  • College. How will you help your children pay for college?
  • Health Insurance. How will you pay for health insurance?
  • Alimony. Will there be any alimony payments?
  • Home and Other Real Estate. If you own your home or other real estate, will you sell it or will one of you keep it? How will you divide the equity?
  • Bank Accounts. How will you divide your bank accounts?
  • Pensions. How will you divide any pensions or other retirement accounts?
  • Credit Card and Other Debt. How will you divide credit card and other debt?

CONNECTICUT CHILD SUPPORT LAW

Mother and child shopping Connecticut law requires that parents support their children according to the parents' earning abilities. The divorce courts use a published schedule of Child Support Guidelines to determine how much child support should be paid to the spouse with whom the children live.

Divorce judges are required to follow the child support guidelines. Certain situations in a divorce case may allow for deviation from the child support guidelines, such as when a parent lives far from the children and as a result has significant visitation expenses.

The child support guidelines are based on net income, which is defined as gross income less taxes and less deductions for health insurance and mandatory retirement plans. For persons who usually work overtime or have more than one job, the child support guidelines are based on 45 hours of work per week. Any wages earned beyond 45 hours are not counted in calculating child support.
Special rules apply for persons who are paying court-ordered child support to more than one person, for persons with low income who are required to pay child support, and for persons who receive Social Security disability.

The calculations are based on earning capacity. If the divorce court believes that a person has reduced his or her earnings on purpose, the child support will be based on what the divorce court believes the person reasonably can earn.

Child support is paid until a child turns 18. However, if the child is still in high school when he or she turns 18, child support is paid until the child graduates or turns 19, whichever occurs first.

An unmarried parent can get child support from the child's other parent. This is often done in magistrate court through the bureau of child support.
Persons who fail to pay child support without good reason risk being held in contempt of court and imprisoned, risk losing their driver's license and occupational licenses, and can have tax returns, personal injury settlements, and workers compensation payments attached to pay the overdue support.

The following table provides some examples of approximate child support in Connecticut divorce cases based on the number of children and the parents' weekly Net Income (total pay minus taxes, insurance and mandatory retirement deductions). The Custodial Parent is the parent with whom the children live and receiving the child support. The Non-Custodial Parent is the one paying the child support.
Note that the amount of the custodial parent's income does not affect the amount of support very much. The amount of support primarily depends on the non-custodial parent's income.

Approximate Connecticut Child Support Amounts

Non-Custodial Parent's Net Income Custodial Parent's Net Income Support for 1 Child Support for 2 Children Support for 3 Children
$600 $200 $144 $200 $229
$600 $400 $137 $188 $214
$800 $200 $183 $250 $285
$800 $400 $167 $226 $255
$1000 $200 $209 $283 $318
$1000 $400 $191 $256 $286
$1000 $600 $177 $236 $263
$1200 $400 $212 $283 $315
$1200 $600 $200 $266 $295
$1200 $800 $191 $254 $280
$1400 $400 $233 $310 $344
$1400 $600 $223 $296 $327
$1400 $800 $215 $284 $314
$1600 $400 $255 $338 $374
$1600 $600 $246 $325 $359
$1600 $800 $239 $316 $348

DIVORCIO Y LEY DE FAMILIA

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Abogado Serrano y su personal hablan Español.
Advogado Serrano e seu pessoal falam Português.

Durante más de 30 años, hemos representado a clientes que hablan español y portugués en los tribunales de divorcio de Connecticut. Solicite una consulta gratuita para obtener la ayuda y la información que necesita para protegerse a sí mismo, a su propiedad y a sus hijos. Dependiendo de su situación, es posible que podamos ayudarlo a divorciarse en 35 días o sin ir a la corte. También ofrecemos servicios de mediación a los cónyuges que desean trabajar juntos para llegar a un acuerdo. Llame para una cita gratuita para ver si podemos ayudarlo.

860 236-9350

When You Need a Connecticut Divorce Lawyer,
Rely on Our Skill, Determination and 30 Years Experience

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