Q. Is a mediated agreement as legally binding as a separation
agreement written by attorneys?
A. Yes, and both these documents need to be approved by the
court to be enforced.
Q. Do I have to go to court?
A. At least one of the parties must attend the final hearing
at court. We recommend that both parties attend so that they can achieve some
emotional closure.
Q. How long does it take to get a divorce?
A. It takes approximately four months from the time the
divorce papers are served until the parties can go to court for the final
hearing. It can take longer, depending on how long it takes the couple to reach
an agreement.
Q. Does it matter who is the plaintiff and who is the
defendant?
A. No. However, we encourage the defendant to bring a cross
complaint to make the parties equal in the process.
Q. Is Connecticut a community property state?
A. No. This means that in Connecticut each spouse is not
automatically entitled to half the property of the other spouse.
Q. How are the length and amount of alimony determined?
A. The legal factors include the age, health, occupation,
amount and source of income, vocational skills, employability, estate,
liabilities and needs of the parties, the opportunity of each for future
acquisition of capital, assets and income, the contribution of each of the
parties in the acquisition, preservation or appreciation of the assets, the
needs of the parties, and the causes of the divorce. There is no formula for the
length or amount of alimony.
Q. Will I be taken advantage of if I choose Divorce Mediation
rather than adversarial divorce with my attorney confronting my spoouse's attorney?
A. No. Mediators are conscious of power imbalances and will
not allow one spouse to take advantage of the other spouse. Also, full
disclosure of all assets and debts must be made by both parties.
Q. How is child support calculated?
A. The State of Connecticut has established child support
guidelines for most couples. Couples who have incomes above the State maximums
must negotiate the amount of child support beyond the floor set by the
guidelines.