Family Law

ABOUT FAMILY LAW

For more than a quarter of a century Kocian Law Group has successfully represented numerous clients in family matters involving divorce, custody, visitation and both pre and post judgment matters of family law.

If you have a family law matter, you will need an experienced law firm who understands every aspect of successfully handling these claims, and who will effectively and aggressively represent you to ensure your rights are protected.  When it comes to your family more is at stake than merely “a case.”  Your life and the wellbeing of your family is critically involved in family law matters.

Family Law typically involves the following areas:

Each of these areas requires very specialized legal knowledge that Kocian Law Group attorneys have and will use to protect your rights and give you piece of mind.  When a marriage dissolves there are several important areas that need to be immediately addressed. These typically include the custody of minor children and finalizing child support, temporary alimony and the allocation of family debts and expenses.

Maintaining status quo while the divorce is pending is also a primary concern.  Kocian Law Group will assist you in setting in place temporary orders while your divorce is pending (referred to as “pendente lite” orders) so that you can maintain your accustomed lifestyle during divorce proceedings.

NO FAULT DIVORCE

Connecticut is a “no fault” state meaning that a party does not have to prove fault to be granted a divorce.  The divorcing parties do not have to allege specific fault in the breakdown of the marriage in order for the court to have jurisdiction and grant the divorce. All that is required in order to be divorced is for one party to prove the marriage has broken down irretrievably. Fault is, however, relevant to other areas in the divorce process, particularly the division of assets and liabilities. While fault is not “technically” required to obtain a divorce, if one party is proven to be at fault it is a relevant factor for the court’s consideration in division of assets.  Additional grounds for divorce are adultery, willful desertion for one year with total neglect of duty, habitual intemperance, intolerable cruelty (physical and mental), and sentencing to imprisonment for life for the commission of any infamous crime.

JURISDICTIONAL REQUIREMENTS

According to Connecticut law, in order to proceed with a divorce the parties must meet the jurisdictional requirements. Without proper jurisdiction the court does not have the power to grant a divorce and the matter may be dismissed. A decree dissolving a marriage may be entered if:

  1. One of the parties to the marriage has been a resident of this state for at least the 12 months next preceding the date of the filing of the complaint or next preceding the date of the decree; or,
  2. one of the parties was domiciled in this state at the time of the marriage and returned to this state with the intention of permanently remaining before the filing of the complaint; or,
  3. the cause for the dissolution of the marriage arose after either party moved into this state.

MANDATORY 90 DAY WAITING PERIOD

Connecticut law is also peculiar in that there is a mandatory cooling off period that prevents a final judgment from entering until at least 90 days have expired from the date you file your case. However, during that period of time much work can and will be done to value assets and determine outstanding debts.

PROTECTIVE ORDERS

There are times when you will need to remove your spouse from the house for your safety or for the safety of those around you.  In order to accomplish this task Connecticut law requires that you move for a protective order from the Court.  A request for a protective order is governed by Connecticut General Statutes Section 46b-15.

WHAT TO EXPECT AFTER FILING A DIVORCE

A divorce is a process that proceeds in stages. First, temporary orders are typically entered within a short time of filing the divorce action. These involve court orders concerning alimony, custody, child support, allocation of the payment of debts and expenses and sometimes determining who gets to exclusively occupy the marital home while the divorce is pending. These orders remain in place until your divorce is final. At that time the orders may become final, but they can change. During this preliminary stage both sides will complete detailed individual financial affidavits to be shared with each other.

In addition, assets will be appraised and valued and debts will be calculated. Once all the financial information is discovered the parties can discuss an equitable division taking into consideration many factors. At Kocian Law Group we have the experience to know what a fair division is. Many times we have creative suggestions on how to equitably share your families’ assets, income and debts so that your future is as bright as possible.

Custody of minor children is a very emotional topic. At Kocian Law Group our goal is to create a custom parenting plan that takes into consideration all of the details of your family, including your work schedules to minimize the impact on your children.

It is also important to be aware of other people who can play a major role in the outcome of your divorce, like persons such as accountants and appraisers pertaining to the values of properties and small businesses. Many times psychologists, therapists, guardian ad litems and doctors become involved in custody issues.  The attorney’s at Kocian Law Group are familiar with many such professionals and can assist in using them effectively in presenting your case in the best possible manner.

Even in the best of circumstances divorce is traumatic and emotional. We understand. Rest assured that the attorney’s at Kocian Law Group will work hard, creating for you a future that holds the best opportunity for happiness and wellbeing, both financially and emotionally.

CONTACT OUR FAMILY LAW ATTORNEYS

Contact Kocian Law Group by calling 1-860-730-6100. You can also reach us online. When you call, ask to schedule a consultation so we can review your case.