One aspect of divorce that many people become overwhelmed by is dealing with the divorce forms. There are many different forms and important dates that you need to familiarize yourself. I will explain these forms on this page. If you need assistance filling out these forms, please contact our office.
Divorce Complaint
If you face paperwork for a divorce, do not panic. Although most people see divorce as a possibility, receiving paperwork can still feel shocking.
Temporary Orders
When couples decide to divorce, they will oftentimes go before a judge in a short hearing. The hearing allows them to have get important issues resolved temporarily. This is known as temporary orders. The purpose of temporary orders is to keep your family close to its status quo during the divorce. This is achieved by setting up temporary spousal support, child support, or child custody.
If you want to request temporary orders, you should think about what you should receive in your divorce. Then, you will have to present your case to a judge. In most cases, you will only have a few minutes to discuss the temporary orders with a judge. So, make sure that you can present a brief and concise case.
Getting Temporary Orders
If you request temporary orders during your divorce case, your request will go on the court calendar. Then, a hearing will quickly get scheduled for you. In most cases, a hearing will get scheduled within two to three weeks of filing the necessary motions. Temporary orders are valid until another hearing is held to change them. Or, this happens until both spouses come to a more permanent agreement in their divorce. Temporary orders can get replaced by longstanding orders of child support and spousal support.
Automatic Orders
One things that everyone facing or contemplating filing a divorce in Connecticut must understand is that the judge, after you file the divorce, will enter automatic orders in your case. Many lawyers charge you for the filing of the paperwork associated with this. But, the forms they use get used in every case! All the lawyer needs to do is to change the name, and you wind up paying for the creation of these motions.
In basic terms, the automatic orders keep you or your future ex-spouse from taking on a debt or selling any assets of the family until the court determines how the divorce should get resolved. This means that if you have a jointly owned house, you cannot list that house for sale – nor can you damage the house to drive down the value while the divorce is pending. This is one reason why it pays to be prepared for a divorce and get your financials in order before you file.
What Automatic Orders Achieve
The automatic orders set forth that neither the plaintiff or defendant shall:
- Sell, mortgage, or give away any property without written agreement or a court order.
- Go into unreasonable debt by borrowing money or using credit cards or cash advances.
- Permanently take your children from Connecticut without written agreement or a court order.
- Take each other or your children off of any existing medical, hospital, or dental insurance policy or let any such insurance coverage expire.
- Change the terms or named beneficiaries of any existing insurance policy or let any existing insurance coverage expire, including life, automobile, homeowner’s or renter’s insurance.
- Deny use of the family home to the other person without a court order, if you live together on the date the court papers get served.
Both the plaintiff and the defendant shall:
- Complete and exchange sworn financial affidavits within thirty days of the return date.
- Participate in a parenting education program within sixty days of the return date (if you share children under 18 years old).
- Attend a case management conference on the date specified on the reverse, unless you both agree on all issues and file a Case Management Agreement form with the court clerk on or before that date.
- Tell the other person in writing within forty-eight hours about your new address or a place where you can receive mail if you move out of the family home (if you share children under 18 years old).
- Help any children you share continue their usual contact with both parents in person, by telephone and in writing.
Case Management Date
A case management date is not a date upon which the parties must appear in court unless they are disputing custody of their children. Instead, it is a date by which they must file a case management agreement with the court, which is a form notifying the court about the status of the case and scheduling plans. It is usually set by the clerk at 90 days after the return date. It is often also the earliest date by which spouses can proceed with an uncontested final hearing and obtain their divorce. Frequently, mediated and collaborative divorces are settled and ready for an uncontested final hearing by the case management date.
Return Date
The date on which the 90-day waiting period for a divorce begins. Also, the date that starts the countdown for things taking place in a case, including the deadlines for filing certain papers, including the date by which the defendant should file an appearance. Nothing happens in court on the return date and no one needs to go to court on the return date. The return date is always a Tuesday in civil and family cases.
The return date is the date by which the summons and complaint must be “turned into” to the clerk’s office by the plaintiff to show that it was properly served. If you are a defendant, you should file an appearance by the return date, but there is no hearing scheduled for that date and you must not physically appear in court.
Pendite Lite Motions?
After the return date, your attorney can advocate for your best interests by filing requests with the court. These requests may be resolved by agreement or may require a hearing in front of the judge. Such requests can be for alimony, bill payments, child custody, visitation, or other matters that should be addressed right away. Such orders last for the period of the divorce proceedings until final judgment. There are a number of “standard” pendite lite motions which every divorce attorney files. Many attorneys will customize these motions to fit your case. If you have been served with a divorce, you may also have been served with these motions. When you come for your free initial appointment, we will go over those motions with you and explain them all.
Financial Affidavit
If you are going through a divorce, you might feel overwhelmed with paperwork and stress. However, there is some important documentation that you must understand and be sure to properly fill out. One such important document is a financial affidavit. Whether you are a party that is asking for alimony or if you might have to pay child support, you should take the financial affidavit seriously and make sure that you understand it properly.
Finances in general are an important part of divorce, as they will determine who has to pay what to the other spouse. To this end, a financial affidavit will be required of you. You may be familiar with an affidavit, which is a written statement made under oath. A financial affidavit is similar in that it is a written statement made under oath, but it describes specific financial information, such as your income and your assets.
If alimony is a potential part of your divorce, it is important that both parties are aware of each other’s financial situations. Your current state of affairs will be determined by the court. The court will use your financial affidavit to plan out reasonable child support and alimony that you should receive or pay. To this end, it is extremely important to have an accurate understanding of your financial situation. This will result in the fairest distribution of alimony and child support.