Connecticut Divorce FAQs

Louden Legal Group, a Connecticut divorce law firm, has deep experience with matters related to family law, marriage, and the creation and termination of family relationships. Our divorce lawyers and family law attorneys are skilled and knowledgeable about all aspects of the divorce process, child support, alimony, collaborative divorce, civil unions, and legal separations, to name a few. Below, we've answered some common questions surrounding these issues.

What is the procedure for a divorce case in Connecticut?

The answer to this question can be found in our online resource, What to Expect: Divorce Process in Connecticut.

What is the difference between mediation and collaborative divorce?

One of the fundamental differences between mediation and collaborative divorce is that in mediation (generally) neither party is represented by a lawyer. In collaborative divorce, both parties have their own lawyers, but agree (either formally or informally) not to go to court to argue any pending issues. In a formal collaborative divorce model, if a disagreement becomes insurmountable, and court intervention is required, both parties must fire their current counsel and hire new counsel. A more detailed description of mediation and collaborative divorce can be found in the Services section of our website.

What will my divorce cost?

The primary factors in the cost of a divorce are the time expended on your matter and the complexity of the issues involved. We bill for the time we work on each matter. Louden Legal Group has seven lawyers, with varying hourly rates and levels of experience, allowing us to assign a lawyer to your case that best fits your needs and desires.

After contacting our office, potential clients receive a fee memorandum, which lists the hourly fee and retainer range for each lawyer.

What if parents can not agree on custody/access to the child(ren)?

When parents cannot agree on custody and parenting issues, our courts generally will appoint a Guardian Ad Litem (GAL) to help determine what is in the best interests of a child or children. In some cases, an attorney for the minor child(ren) (AMC) may be appointed to represent the children. The court may also require that the family undergo a custody evaluation, including psychological evaluations and interviews. This evaluation can be done by a Family Relations Counselor, who is a state employee, or by a private custody evaluator. The cost of a custody battle can reach into the tens of thousands of dollars.

What if parents already have a court order regarding parenting, but want to change it?

To obtain a modification of an existing custody order, the person wanting the change must demonstrate that circumstances have changed since the last court order such that it would be unjust to keep the order (unless the two parties agree to a change). Thus, a court may modify the existing order only based on some definite change in the family's circumstances; a court will not hear or retry issues already decided. Often a requested change by one parent is not welcomed by the other parent and the same procedure described above when parents cannot agree will be applied.

Can I be required to pay my child's post-high school education?

Yes. Pursuant to Connecticut General Statues Section 46b-56c, the Court has jurisdiction to enter orders regarding post-secondary educational support for your children.

Who may need a prenuptial agreement?

  • People entering second marriages who want to preserve their premarital estates for their children;
  • People with family businesses;
  • People who are the beneficiaries of trusts or large inheritances.

Will having a prenuptial agreement eliminate the divorce process?

While a prenuptial agreement will not eliminate the divorce process, it can help cut down on the time spent evaluating and dividing assets that are the subject of the agreement. Connecticut law strongly protects agreements crafted according to our statutes, but other law indicates that it is not until the end of the case that a court will rule on whether the agreement is enforceable or not.

How soon should you start working on a prenuptial agreement?

The sooner, the better. Prenuptial agreements are tailored to fit each couple's goals and objectives. The agreement will need to be drafted and circulated for comments before it is signed. Both parties need to have the opportunity to have the agreement reviewed by a lawyer before it is signed. Agreements signed too close to the wedding date have been found to be unenforceable.

What is the difference between a prenuptial agreement and a postnuptial agreement?

Whereas a prenuptial agreement is signed before the date of the wedding, a postnuptial agreement is an agreement signed during the marriage. Each of these types of agreements has different standards and laws that apply to them.