Law Offices of Kelly Bodie – Information

What is the difference between a divorce and a legal separation?

Unlike divorce, a legal separation does not put an end to the marriage. During a legal separation, you have a court order that outlines the rights and responsibilities of each spouse while they are living apart. You remain legally married while choosing to live separate lives. Issues that are addressed in a divorce agreement are division of assets and debts, child custody and child support, visitation schedules and spousal support. The same issues addressed during the divorce process are also addressed in a legal separation agreement. If the decision to divorce is made, the legal separation agreement can be converted into a divorce settlement agreement quite easily.

What is the difference between legal custody and physical custody?

Legal custody of a child means having the right and the obligation to make decisions about a child's upbringing. A parent with legal custody can make decisions about schooling, religion, and medical care, for example. On the other hand, physical custody means that a parent has the right to have a child live with him or her.

How long does a divorce take?

In the State of Connecticut there is a 90 day waiting period before one can obtain a divorce. With that in mind, a divorce may take as little as five months to as long as over a year. It all depends on the level of cooperation of both parties and their attorneys, the complexity of the issues and whether a trial will be needed.

Will I have to go to court?

It depends on whether the parties are able to settle matters amicably or not. If all goes well and there is no need for temporary orders or hearings, you will only have to go to court for the final uncontested proceeding.

Will my children be allowed to talk to the Judge?

Except in very rare circumstances, children are not allowed to speak in court. If issues arise where the children’s voices need to or should be heard the court may appoint an attorney for the minor children. The attorney for the minor children will meet with your children and speak on their behalf in the courtroom.

If the house is in my spouse’s name, does that mean that I cannot get it?

It does not matter what name any of the marital assets are in, including the house, other real estate, bank accounts, retirement accounts, brokerage accounts, stocks, business ownership, etc. All real and personal property owned by either party is considered marital property and will be taken into consideration in the property division.

What is a separation agreement?

A separation agreement is a comprehensive contract where the parties agree to live separate and apart for the rest of their lives. The agreement must set forth rights and duties with respect to important issues such as custody, visitation, child support, distribution of property and all other matters that arise at the end of a marital relationship. Each of the parties should consult their own attorney to draft and prepare the agreement so that these complex issues can be analyzed and resolved appropriately. The final agreement is then presented to the court in what’s called an uncontested divorce. If approved by the court, it becomes a court order and incorporated into the Judgment of Dissolution.