Connecticut Divorce FAQs
Louden Legal Group, a Connecticut divorce law firm, has deep experience with matters related to family law, marriage, and the creation and termination of family relationships. Our divorce lawyers and family law attorneys are skilled and knowledgeable about all aspects of the divorce process, child support, alimony, collaborative divorce, civil unions, and legal separations, to name a few. Below, we’ve answered some common questions surrounding these issues.
What if parents cannot agree on custody?
When parents cannot agree on custody and parenting issues, our courts generally will appoint a guardian ad litem to help determine what is in the best interests of a child or children. The court may also require that the family undergo a custody evaluation, including psychological evaluations and interviews. This evaluation can be done by a Family Relations Counselor, who is a state employee, or by a private custody evaluator. The cost of a custody battle can reach into the tens of thousands of dollars.
What if parents already have a court order regarding custody, but want to change it?
To obtain a modification of an existing custody order, the person wanting the change must demonstrate that circumstances have changed since the last court order such that it would be unjust to keep the order (unless the two parties agree to a change). Thus, a court may modify the existing order only based on some definite change in the family’s circumstances; a court will not hear or retry issues already decided. Often a requested change by one parent is not welcomed by the other parent and the same procedure described above when parents cannot agree will be applied.
Who may need a prenuptial agreement?
- People entering second marriages who want to preserve their premarital estates for their children;
- People with family businesses;
- People who are the beneficiaries of trusts or large inheritances.
Will having a prenuptial agreement eliminate the divorce process?
While a prenuptial agreement will not eliminate the divorce process, it can help cut down on the time spent evaluating and dividing assets that are the subject of the agreement. Connecticut law strongly protects agreements crafted according to our statutes, but other law indicates that it is not until the end of the case that a court will rule on whether the agreement is enforceable or not.
How soon should you start working on a prenuptial agreement?
The sooner, the better. Prenuptial agreements are tailored to fit each couple’s goals and objectives. The agreement will need to be drafted and circulated for comments before it is signed. Both parties need to have the opportunity to have the agreement reviewed by a lawyer before it is signed. Agreements signed too close to the wedding date have been found to be unenforceable.
What is the difference between a prenuptial agreement and a postnuptial agreement?
Whereas a prenuptial agreement is signed before the date of the wedding, a postnuptial agreement is an agreement signed during the marriage. Each of these types of agreements has different standards and laws that apply to them.