What If One Of The People Getting Divorced Lives In Another State And One Lives In Connecticut? Does That Have Any Bearing Or Does That Change The Divorce Process?
No. Only one spouse have to meet the jurisdictional requirement but only the state, if there are children involved, where the children have resided in the last 6 months or the state that has more connections to the children, under the Uniformed Child Custody Act throughout the United States, does that state have a jurisdiction to determine custody issues.
But the state that you did not live in can decide all issues but custody as long as the other spouse meets that one year jurisdictional requirement.
What Happens After Divorce Papers Are Actually Served? What Is The Process And How Does Someone Respond To A Divorce Summons?
Basically, the first step is the other party files an appearance so they have a notice of any court date or anything that transpires in the case. Then they can file an answer if they want, or a cross-complaint.
Usually, they have to file, by the 90th day, after the return date, it’s called the Case Management Date, a form which states whether they have an uncontested divorce, a limited contested or a fully contested divorce. A limited contested would be financial matters are in dispute only, not custody; and fully contested would be custodial issues in addition to possibly financial issues in dispute.
What Happens If Someone Fails To Respond To Divorce Papers Or Fails To Acknowledge It?
It doesn’t matter. No one has to file their appearance or participate in divorce. The other person could still go to court and request whatever they want done in a divorce and the court has jurisdiction to do it even if the other person does not file an appearance or participate the divorce.
What Are Someone’s Options If Their Spouse Simply Abandons Them And Their Children Or Has Disappeared Or Is Unreachable? Is There A Certain Period Of Time Where You Can Automatically Be Granted A Divorce Without The Other Party?
Yes. There is no such thing as abandonment in the state of Connecticut but you have to serve the other party for the court to have jurisdiction over the other party. If you don’t know where that party is, you have to ask the court to order that the notice of your divorce be published in a way that they can see it where they last resided, a local newspaper for example, or if they live out of state, you can get court order that notice be sent by a certified mail.
What Is The Best Kind Of Divorce To Proceed With If Someone Was Married For Only A Short Period Of Time, There Is No Assets, Commingling Of Debts Or Finances?
There is a new type of divorce in Connecticut where if the parties do not have children and they’ve been married for less than 7 years and have assets of less than $35,000, then they don’t have to wait till 90 days and they can walk into the clerk’s office and get divorced.
Is There Any Other Way To Fast Track A Divorce For People That Don’t Fit That Criteria?
Yes. You could also be divorced sooner than the 90-day waiting period if you have an agreement on all issues now.
That’s another reason to go with a more peaceful process if you’re going to be divorcing. and it’s much better for the health and welfare of the entire family that the divorce be completed as expeditiously as possible by agreement by both parties. Parties are more likely to comply with court orders that they agreed to than court orders that a judge order them to do.
If you need information regarding The Divorce Process When The Husband And Wife Are Not Living Together, call the law office of Attorney David Volman for a free initial consultation at (203) 929-7771 and get the information and legal answers you’re seeking.
Get your questions answered - call me for your free, 20 min phone consultation (203) 929-7771