Serving New Haven and Fairfield Counties

FAQs about Legal Separation in Shelton CT

shutterstock_241435762Legal separation in Shelton Connecticut is an alternative to dissolving the marriage through divorce.  Individuals who are considering legal separation in Shelton Connecticut often have a number of questions regarding this process, including:


How Is Legal Separation Commenced?

The process of requesting a legal separation is commenced when one of the spouses files a summons, complaint and notice of automatic orders.  Simply moving out of the family home does not commence legal separation.


How Long Does It Take to Receive a Legal Separation?

Connecticut has a 90-day waiting period after the necessary paperwork is filed, however that statutory time period can be shortened by motion if an agreement is reached earlier than the case management date.


What Is an Automatic Order?

The Notice of Automatic Orders is a document that accompanies the summons and complaint.  The notice contains important rules that both spouses must adhere to during the process.  Such notice includes a prohibition against taking extraordinary actions related to the couple’s finances or with their children.  It also requires the spouses not to change their insurance.


What Is Parenting Education?

Connecticut courts require parents involved in a legal separation or divorce proceeding to participate in an accepted education program.  The programs are designed to help protect children during the process of divorce and to encourage positive co-parenting.


How Is Property Divided?

Connecticut uses equitable distribution which calls for fair but not necessarily equal distribution.  The court considers a number of factors when distributing property, including the reason for the marriage breakdown, the age and health of both parties, the earning power of both parties, the duration of the marriage, the sources of income each party has access to, the obligations of the parties and the standard of living that each party enjoyed during the marriage.  Other factors relevant to this determination also impact distribution.

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