Why do I have to go through a Court to get a divorce in Connecticut?
Getting sued for divorce is not the same sort of litigation as being sued for a property issue for example, or by the state in criminal court. Because legal marriage confers certain important rights – rights to real property, tax implications, inheritance, custody/support, and others – court intervention, consideration, and review of final terms is required when dividing the marital estate.
Connecticut is a “no-fault” divorce state, which means that persons seeking a divorce are not required to prove any element of a fault ground to be granted a divorce. However, fault can and often does come into play when dividing the marital estate.
Even when divorces are uncontested, the state has an interest in ensuring that one party does not take unfair advantage of the other, especially when issues of child abuse, asset destruction or theft, arise. The state also has an interest in ensuring that the children of divorcing couples are properly provided for, e.g., that housing, schooling, healthcare, college, and emotional support are adequate and appropriate to the child’s needs.
Divorce matters can often be complicated. Whether you are the plaintiff or the defendant, you are well-advised to seek competent legal representation in a divorce proceeding. Many parties find themselves blindsided by scurrilous accusations of wrongdoing by their spouse, or during discovery find that financial or personal information is not as they thought, or sometimes a vindictive spouse simply takes advantage of a non-moneyed spouse with no competent legal representation.
Before you agree to terms, it behooves you to learn about your legal rights and to discuss legal strategies that can help you make the best of a bad situation. If you live in Fairfield County, whether in Danbury, Shelton, Fairfield, Newtown, Darien, Westport, or Bridgeport, Attorney Carmina K. Hirsch (formerly Tessitore) and the team at Hirsch Legal, LLC is ready to help you.