Divorce & Separation Laws

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Divorce & Separation

Ending a marriage may be a particularly upsetting event, involving many uncertainties and emotions. But no matter how you feel about divorce - morally, spiritually, or otherwise - if you are sued for a divorce, you need to protect your rights and the rights of your children. Divorce and juvenile courts issue binding orders, regardless of your feelings about the matter.

Family law has many dimensions and is influenced by legal as well as social and economic factors. Because of the complexity of these laws, this lens is only intended to provide general information. It is recommended to contact an attorney specializing in divorce law to find out more about the legal considerations pertain to your state.

Enforcement of Visitation 

Especially after a parent and child, or children, move away from a state that granted a divorce, or where a child or children were born outside of marriage, visitation or child support rights may be hard to enforce without a lawyer.

Often, a parent moves away from the state that granted a divorce or paternity order, leaving the other parent behind with far less contact with the child or children. Sometimes, a child or children may be brought to a parent who does not want to help the other parent have a relation to the child or children.

Due to distance or financial reasons, visitation between a far away parent and the child or children may require a court to modify prior visitation or child support arrangements. Child support may be required changed, due to the effects of such a move and the cost of travel to maintain a relation to the child or children.

Attorneys works with either parent in such cases to ensure rights regarding the child or children are protected. If a parent won't let another visit or talk to a child or children after such a move, courts may order that a parental relation not be hurt because of the move. If a parent hides a child or children from another parent, who won't play such games with other people's emotions, courts may order a custody change so that the child or children will be able to have a relation to both parents. A parent who flees with a child or children, to deprive the other parent of a relation to the child or children, risks losing custody and having to have supervised visitation.

Anyone victimized by a parent who kidnapped or hid a child from the other parent may seek a court order giving custody to the parent who won't deprive the child of a relation to both parents. In all but the most terrible cases, a child benefits from a loving relation with both parents. Courts won't let one parent deprive the other parent, or a child, of that relation.

Your rights to your child may be jeopardized if a claim is made in juvenile court that your child is dependent and neglected. Before talking to anyone, discuss your case with experienced counsel.

Legal Separation vs. Divorce 

You may find that you prefer a legal separation to divorce.


    Why consider separation instead of divorce?

  • You may have a moral or religious objection to divorce.

  • You may want to provide for certain health or financial benefits for your family.

  • You may want to live separately while you re-evaluate or repair your marriage.


  • You have the opportunity to protect your family and your financial interests when you take charge of a separation agreement.

    Whether you are using your legal separation agreement to guide your independence as a permanent solution or as a means to crafting a sensible divorce plan, there are contractual concepts you need drafted well.

    Find the right attorney who will spend the time required to work with you to figure out what works for you, your children, and your specific financial situation, to minimize the stress and pain of your separation

Divorce & Custody 

Divorce is stressful-your family is breaking apart, and you have a lot of decisions to make. Do not make decisions to answer or file divorce papers without talking to a lawyer first. Some decisions may be permanent, whether you intend to make permanent decisions or not.

Divorce courts have specific divorce laws to follow when granting a divorce, alimony, and when deciding child custody and visitation matters.

If you are divorced, but have difficulty talking to or visiting your child or children, a divorce attorney will help you learn about the legal aspects of it and enforce your rights. Unless otherwise ordered, non-custodial parents usually have rights, referred to as "The Parental Bill of Rights."

Divorce Laws by State 

Discussion on the basics of alimony, custody, child support, visitation and property division.

Connecticut Divorce Laws 

What is a divorce action? How does a divorce proceeding begin?

What everyone going through a CT divorce or mediation should be aware of...

The legal term for divorce in the State of Connecticut is "dissolution of marriage." A complaint for the dissolution of marriage commences a divorce proceeding when it is filed in the appropriate court. A complaint need not allege fault on the part of either spouse. "No-fault" grounds for legally dissolving a marriage exist when (i) the marriage has broken down irretrievably; or (ii) the spouses have continuously lived apart for at least the 18 months immediately preceding the date of filing because they are incompatible, and there is no reasonable prospect that they will reconcile. If fault is alleged and proven, marital fault may play a role in the court's monetary award. The fault-based grounds for divorce include:

1. Willful desertion for one year with total neglect of duty
2. Seven years' absence, during all of which period the absent party has not been heard from
3. Separation for 18 months
4. Irretrievable breakdown of marriage
5. Adultery
6. Life imprisonment or conviction of an infamous felony involving violation of conjugal duty
7. Legal confinement for mental illness during five of the most recent six years
8. Fraudulent contract
9. Infamous crime

Whatever your circumstances, your best bet is to contact a qualified CT divorce lawyer. A good attorney will help you navigate complex laws and look out for your interests during divorce proceedings. If both partners have decided to take a less contentious approach to dissolving the union, CT divorce mediation may be an option. Here again, it's in your best interest to retain the services of a good lawyer. A CT divorce mediator will work with both parties to come to a universally agreeable plan for division of property, custody of children and other factors involved in a divorce.

UK Internet Divorce Commercial 

In the UK you can now get divorced online...Wow
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Helpful Resources 

Divorce Resources
Divorce lawyer and divorce attorney information provided by Lawyers.com.
New Jersey Divorce Lawyers
The firm of Einhorn Harris represents divorce clients in New Jersey with precision.

Paternity Lawsuits 

In juvenile courts or divorce courts, paternity lawsuits are filed by either fathers or mothers to establish rights and relations between parents and children. Mothers or fathers may seek custody or visitation rights, child support or other orders regarding their children.

DNA testing may be required to determine paternity, either by agreement of the parties or by orders of the courts.

Wikipedia's Divorce Article 

Divorce or dissolution of marriage is the final termination of a marriage, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between married persons. In most countries, divorce requires the sanction of a judge or other authority in a legal process.

In western countries, a divorce does not declare a marriage null and void, as in an annulment, but divorce cancels the marital status of the parties. Where monogamy is law, this allows each partner to marry another. Where polygyny is legal, divorce allows the woman to marry another.

Divorce laws vary considerably around the world. Divorce is not permitted in some countries, such as in Malta and in the Philippines, though an annulment is permitted.

The legal process for divorce may also involve issues of spousal support, child custody, child support, distribution of property and division of debt, though these matters are usually only ancillary or consequential to the dissolution of the marriage.

Going Through a Divorce? 

Don't forget to bring up these issues:


  • Temporary or permanent spousal support ("alimony")

  • Paternity

  • Child support and child custody

  • Division of property

  • Orders of Protection against Domestic Violence

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The Americans for Divorce Reform estimates that "Probably 40 or possibly even 50 percent of marriages will end in divorce if current trends continue." (more)
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