Southport Connecticut Family Law Blog

Connecticut parents who get divorced know that they must still find a way to work together for the benefit of their joint children. This is definitely a task that can be easier said than done. However, with the right level of consciousness and focus on the children's needs first, it can be done positively for all involved.

Today's Parent magazine recommends that moms and dads try to treat each other like they would a co-worker. Taking this approach generally helps to take emotion out of communications and retain a level of politeness even if it feels professional and not overly warm. This is far better than being adversarial with each other.

Mediation is efficient and effective. When two parties share a common goal of wanting to reach a solution for pending issues, mediation is extremely beneficial. A successful mediation session begins with identifying the issues that need to be addressed and ends with a written agreement by the parties. Instead of wasting time in court waiting to be heard, when you are scheduled for mediation, from the moment you walk in, the parties, attorneys, and mediator(s) are focused on your case.

Mediation is more than a substitute for a divorce trial. Mediation can be used for any matter that can be litigated. Mediation can be narrowed and focused only on a few elements of a case or can settle every disagreement. Mediation allows the parties to explore alternatives that may not have otherwise been considered in litigation.

Like many in Southport, you may find it hard to understand the notion of your 401k being an asset that is subject to property division. After all, your account is any available through your employer and is typically supported solely by your income (as well as any matching funds offered by your employer). Why, then, would it be considered a marital asset? Think of it along the same lines as your earned income. Whatever you made while married is marital income, and given that your contributions to your 401k came from that income, it makes more then as to why its viewed this way. 

So now that your better understand it, what is the best way to divide those portions subject to division up equally. One method recommended by the 401k Help Center is to submit a Qualified Domestic Relations Order to your plan administrator. A QDRO is a document endorsed by the court which allows your plan administrator to distribute funds from your retirement account to an alternate payee. Any distributions made under the QDRO are not subject to early withdrawal penalties; it simply stipulates how much to disperse to your ex-spouse. He or she can do whatever he or she wants with his or her portion; you can continue to contribute to and grow your 401k. 

As countless Connecticut residents going through divorce are aware, the process can present seemingly endless obstacles. This is especially true for ex-spouses with children. While a child's best interest is generally top priority in child custody arrangements, the details of these laws can vary from state to state.

Untangling the fine print of child custody laws is often a challenge in itself. Family resource LiveAbout breaks down Connecticut's child custody laws in an accessible way, first noting that the state defines joint custody as a process that allows both parents to make important decisions. These decisions primarily involve the general welfare of the child, and equal time split between each parent. The state defines "legal custody" as decision-making rights, and uses the term "physical custody" to refer to the amount of time a child spends at each parent's home. Like most states, Connecticut courts usually consider the following when determining child custody:

• The child's needs
• The parents' preferences
• The child's relationship with each parent
• History of domestic violence
• History of abuse