Navigating Divorce in Tolland County, CT: A Comprehensive Guide
For those living in Tolland County, CT, understanding the divorce process and knowing what to expect is crucial to making informed decisions and achieving a successful outcome. That’s why the experienced divorce lawyers from Freed Marcroft created this comprehensive guide to help you navigate divorce in Tolland County, Connecticut.
From understanding the different types of divorce, learning your legal rights and responsibilities, and what court to file in, this guide covers everything you need to know to make informed decisions and protect your interests. Whether you’re just starting to consider divorce or are already in the midst of the process, this guide is a valuable resource for anyone seeking a smooth and successful divorce in Tolland County, CT.
Tolland Judicial District Court
Not surprisingly, this court handles Tolland County divorce cases. In fact, it’s often referred to as the Rockville Court because it’s in the Rockville section of town. Here are a few important things to know about the Tolland Family Court.
- The courthouse is open Monday through Friday from 9:00 am to 5:00 pm.
- When you file for divorce in Tolland County, you or your attorney will need to file your paperwork with the Tolland Judicial District Court.
- It’s important to note that the Tolland Judicial District Court is a court of equity, which means that the judge has the power to make decisions based on their view of what is fair under the circumstances.
Who Files Their Divorce in the Tolland Rockville Family Court
The Tolland Divorce Court covers the following towns: Andover, Bolton, Columbia, Coventry, Ellington, Hebron, Mansfield, Somers, Stafford, Tolland, Union, Vernon, and Willington.
People who live in Manchester, East Windsor, South Windsor, and Enfield have an option. They may file their divorce either at the Tolland Court or the Hartford Court.
For more information: Tolland Family Court at Rockville
Tolland County Divorce Statistics
According to the Census Reporter, in 2021, 6% of men and 11% of women living in Tolland County were divorced. This was less than the Connecticut average.
It’s important to note that divorce statistics can vary from year to year and may not necessarily be indicative of the overall divorce rate in Tolland County.
The Divorce Process Timeline
The divorce process in Tolland County, CT, can take anywhere from a few months to a few years, depending on the case’s complexity and whether there are any contested issues. In other words, when you and your ex are to reach agreements outside of court (including with the help if your attorneys), your divorce will tend to be shorter.
Generally, the divorce process begins with serving the divorce papers on your spouse and then filing for divorce. After your spouse has been served, they will have a certain amount of time to respond to the divorce papers.
If you have been served with divorce papers in Tolland County, CT, acting quickly is important. You have limited time to respond to the divorce papers, and you’ll want to have the opportunity to impact the decisions made about your future. Failure to respond may result in a default judgment. In other words, the court will order the divorce without your involvement in the court orders on property division, alimony, custody, or child support.
Once they file their response, the court will schedule an initial court date, the “Resolution Plan Date,” to see where things stand. Ultimately, if you and your ex cannot reach an agreement, the case proceeds to a divorce trial.
Understanding the Grounds for Divorce in Connecticut
In Connecticut, there are two types of divorce: fault-based divorce and no-fault divorce. Fault-based divorce requires that one party prove that the other party was at fault for the breakdown of the marriage. On the other hand, no-fault divorce does not require proof of fault and is based on the irretrievable breakdown of the marriage.
In Tolland County, CT, the most common ground for divorce is the no-fault ground: irretrievable breakdown of the marriage.
It’s important to note that fault-based divorce can be more time-consuming and costly than no-fault divorce. Before you move forward and file a fault divorce, we strongly encourage you to speak with an attorney.
Key Issues in Divorce – Property Division, Alimony, Child Custody, and Child Support
Tolland County, CT, divorces must address several key issues. These include property division, alimony, child custody, and child support.
Property Division in Tolland County
Property division involves dividing marital property, which includes both assets and debts acquired before or during the marriage. Connecticut is an equitable distribution state, meaning we divide property fairly, but not necessarily equally.
Alimony in Tolland County
Alimony is financial support paid by one spouse to the other during or after the divorce. The amount and duration of alimony are determined based on factors such as the length of the marriage, the earning capacity of each spouse, and the standard of living during the marriage.
Custody in Tolland County
Child custody involves determining who will have legal and physical custody of the children. Legal custody refers to the right to make important decisions about the child’s upbringing, while physical custody refers to where the child will live.
Child Support in Tolland County
Child support involves providing financial support for the children after the divorce. The amount of child support is determined based on factors such as each parent’s income and the children’s needs.
Working with a Divorce Lawyer in Tolland County
If you are going through a divorce in Tolland County, CT, we highly recommend that you work with a divorce lawyer to guide you through the process.
Freed Marcroft’s divorce lawyers help you navigate the complex legal system. They also can help you understand your legal rights and responsibilities, setting you up to make fully informed, sound decisions rooted in your goals for your future. They will also negotiate with your spouse’s attorney, and represent you in court if necessary.
Alternative Dispute Resolution Options: Mediation and Collaborative Divorce
Mediation involves the two spouses meeting with a neutral third party — the “mediator” — who helps the spouses reach a mutually acceptable settlement. Then they each review that agreement with the divorce attorney or “mediation review counsel” who represents them.
Collaborative divorce involves working with a team of professionals, including lawyers, financial advisors, and mental health professionals, to settle outside of court. It provides a middle ground between mediation and litigation.
Both mediation and collaborative divorce can be less time-consuming than a high-conflict traditional divorce litigation, and may be a good option for those who want to avoid the stress and expense of going to court.
Read: ADR & Divorce
Divorce Mediation in Tolland County
Divorce mediation is a popular alternative dispute resolution option in Tolland County, CT. Mediation involves working with a neutral third party who helps the parties reach a mutually acceptable settlement.
During mediation, the parties will meet with the mediator to discuss key issues such as property division, alimony, child custody, and child support. The mediator will help the parties negotiate a settlement that is fair and equitable.
Mediation can be more cost-effective and less time-consuming than traditional litigation, and can help the parties maintain a more amicable relationship after the divorce.
Post-Divorce Considerations: Modifying Orders, Enforcing Orders, and Co-Parenting
After the divorce is finalized, there are several post-divorce considerations to keep in mind. These include modifying orders, enforcing orders, and co-parenting.
- Modifying orders involves changing the terms of the divorce decree, such as child custody, child support, or alimony, if there has been a substantial change in circumstances.
- Enforcing orders involves ensuring that the terms of the divorce decree are being followed. If one party is not complying with the terms of the divorce decree, the other party can seek enforcement through the court.
- Co-parenting involves working with your ex-spouse to raise your children after the divorce. It’s important to maintain open communication and work together to ensure that the children’s needs are being met.
Resources for Divorce in Tolland County
There are several resources available for those going through a divorce in Tolland County, CT. These include:
Going through a divorce can be a challenging and emotional experience, but with the right guidance and support, it is possible to achieve a successful outcome. By understanding the divorce process in Tolland County, CT, and working with a divorce lawyer or alternative dispute resolution professional, you can protect your legal rights and ensure that your divorce is handled in a timely and efficient manner.
Please contact Freed Marcroft to discuss working with one of our experienced Tolland County Connecticut Divorce Lawyers.