Fairfield Divorce Lawyer

Fairfield Divorce Attorney

Divorce is a complicated process that is often emotionally draining and overwhelming. This can be especially true if you try to navigate a divorce on your own. While you’re not legally obligated to work with a Fairfield divorce lawyer, it’s wise to consider it. A skilled attorney can guide you through each step of the process and give you a better chance at a fair outcome.

Our attorneys at Reich & Truax, PLLC have years of experience handling complex divorce cases throughout Connecticut. We’ve done everything from offering simple legal advice to negotiating deals to representing clients in court. Regardless of where your case takes you, you can count on our team to be there with you.

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Divorce in Fairfield, CT

Divorces aren’t uncommon, but that doesn’t make them easy to navigate. That’s why it can be helpful to work with an experienced Fairfield divorce lawyer regardless of the circumstances of your case.

Marriages in the United States experienced a big lull during the crux of the COVID-19 pandemic, but numbers are back on the rise across the country, including in Connecticut. The marriage rate in Connecticut in 2020 was 4.3 per 1,000 population and has since been hovering around 6 per 1,000 people.

Connecticut also tracks divorce rates. The state reports a relatively low divorce rate of 2.8 per 1,000 population. This is well below the national divorce rate, which was recorded at 16.7 in 2022. Approximately 11 percent of females and eight percent of males have been divorced in Fairfield County. This equates to about 43.5 thousand women and 27.6 thousand men.

Our goal at Reich & Truax, PLLC is to provide the resources people need as they navigate this process with their spouse. Whether it’s a simple uncontested divorce or a more contentious situation, securing solid legal representation can make all the difference. Our attorneys can guide you through every step of the divorce process and help you secure the outcome you deserve.

Options for Divorce in Connecticut

There are a few main options for getting divorced in Connecticut, depending on whether you and your spouse can agree on all divorce terms. A variety of issues can be a part of divorce decisions, including child custody and visitation, child support, property division, and spousal support.

You and your spouse can get a divorce at any time as long as you reach an agreement on all issues. If this is your case, you can either request a hearing or simply fill out the proper forms with your spouse. Additionally, in Connecticut, you can get a divorce without seeing a judge if:

• You’ve been married for nine years or less.
• You have less than $80,000 in property.
• You’re not pregnant and don’t have children.
• You don’t have another pending divorce, a defined benefit pension plan, a pending bankruptcy, a protective order, a restraining order, or a title in real property.

If you’re unable to reach an agreement with your spouse, you may need to set a court date to resolve any remaining issues. Under Connecticut law, you can’t go to court until at least 90 days have passed from the return date of the initial paperwork.

You also may be able to file for a default judgment if your spouse is not cooperating or replying to your initial petition for divorce. This allows the divorce to proceed without the other party. In these cases, the petitioner can typically expect to get everything they ask for in a divorce. Without the other party there to present their side, the court only has information from the one who filed.

Grounds for Divorce in Fairfield

Connecticut is a no-fault divorce state, which means you can be issued a divorce because of “irreconcilable differences.” This simply means you disagree with one another and are unable to reasonably resolve your issues. It’s not necessary for both parties to agree about getting a divorce. One party simply has to file the petition with the court, and the process initiates with or without the other spouse’s cooperation.

If a spouse doesn’t respond to the divorce summons, you can enjoy a default judgment for your divorce case. This simply means you’re likely to get everything you outline in the divorce terms because the other party isn’t there to negotiate with you.

It’s also possible to be legally separated instead of getting a divorce. This process is similar but results in a couple being separated instead of divorced, which means neither spouse can remarry. Legal separation sometimes makes more sense than divorce for tax purposes or other personal reasons.

Protecting Your Property During a Divorce in Fairfield

When you get divorced, one of your main concerns is likely to be about your assets. In Connecticut, you’re right to be thinking about it. Since Connecticut is an all-property divorce state, any assets and debts can be separated in a divorce, no matter if they were purchased before, during, or after your marriage. This even includes assets in trusts, financial inheritances, and gifts.

Many other states distinguish community property from separate property, which allows people to protect assets they owned before the marriage. While this isn’t the case in Connecticut, the court still takes these things into consideration. It can be helpful to keep clear documentation of separate financial accounts and maintain records of assets you owned before the marriage.

The two sure-fire ways you can protect your assets in a divorce in Connecticut are through prenuptial agreements and postnuptial agreements. These are legal contracts made before or during a marriage that establish property rights, including what happens in the case of a divorce. If you protect your assets under one of these legally binding agreements, you won’t have to worry about them if things go awry.

Having Children in a Divorce in Fairfield

Divorces can be complicated enough on their own, and having children involved can take it to the next level. Your Fairfield divorce lawyer can help you with any number of situations involving your children, including:

• Child custody. If you are getting divorced and have kids, one of the biggest issues that must be resolved is figuring out where your child is going to live from now on. The court acts in the interest of the child, and your Fairfield divorce lawyer can help establish your case for being the right option.
• Child visitation. Establishing custody of a child also typically includes determining visitation rights for the noncustodial parent. The court determines if the parent may have supervised visitation, unsupervised visitation, or no visitation. Visitation is often determined during a divorce, but it also may come up between a couple that has never been married. A Fairfield family lawyer can help you through whatever your case may entail.
• Child support. When one parent wins custody over a child, the other typically is required to pay child support. The court determines how much child support must be paid by looking at both parents’ incomes and using a mathematical formula established by the Connecticut Child Support and Arrearage Guidelines.

Our goal at Reich & Truax, PLLC is to do what’s right by your child, so you can count on us to approach your case with that mindset. We’ll work with you to evaluate your case, strengthen your claims, and secure your preferred outcome, so you can move forward with your life with as much peace as possible.

Determining Spousal Support in Fairfield

Another common facet of filing for divorce is ordering spousal support, or alimony. The court may order temporary spousal support before the divorce proceedings begin, or it may add permanent spousal support as a component of the final divorce judgment. When it comes to figuring out how long alimony payments are to last, the court may look at factors like:

• Causes of the divorce
• Earning capacity
• Length of the marriage
• Ongoing needs of a spouse
• Overall health
• Sources of income

Temporary support can be granted to a spouse during the divorce proceedings to help cover legal costs and keep things moving forward. Long-term spousal support can also be awarded as part of the final divorce judgment. This can be either permanent or for an established amount of time.

Alimony is typically awarded to a spouse when the other spouse earns significantly more. They look at the needs of both spouses and consider their abilities to meet those needs when determining if support is necessary.

Benefits of Working With a Fairfield Divorce Lawyer

Whether you’re actively going through a divorce, you’re curious about how to protect your assets, you’re determining child custody and visitations, or anything in between, it can be highly beneficial to work with a Connecticut divorce attorney. The divorce process can be complicated even if you and your spouse agree on all the terms. Your lawyer can help keep things on track and ensure you’re covering everything, so you don’t experience any complications down the road.

An attorney can be especially helpful if your divorce is more complicated. This includes high-value marriages, marriages with prenuptial or postnuptial agreements, or marriages with children, for starters. They can help draft agreements, negotiate on your behalf, and represent you in court.

Regardless of the details of your divorce, you can count on a Fairfield divorce lawyer from Reich & Truax, PLLC to be there for you. Our team has experience working with clients through all types of divorce cases and family matters.

FAQs

Reach Out to a Fairfield Divorce Lawyer to Set Up a Consultation Today

If you’re ready to file for divorce, take some stress off your shoulders by working with a Fairfield divorce lawyer. From the initial filing process through the finalized settlement, an attorney from Reich & Truax, PLLC can be there for you. Plus, they can answer any questions you have along the way and help you with any unique challenges that may arise.

Working with our team is simple and straightforward from the start. All you have to do is contact our office to set up an appointment, and you can talk to a Fairfield divorce lawyer about your situation in more detail.