You file for legal separation in Connecticut by completing a legal complaint form, providing information about the reason for the separation, and submitting the form to the proper legal department.
A New Haven legal separation lawyer can give you more information about the steps you need to take to complete this process. A lawyer can also help you understand other options for ending a marriage through divorce.
How Do You File for Legal Separation in Connecticut?
In order to file for legal separation in Connecticut, you need to completely fill out the Legal Separation Complaint. You will need to include considerable information about your marriage and what you want from the separation as you complete this form.
A New Haven family lawyer can help you complete this form and explain where you should submit it once you’ve completed the required paperwork. After you file your form, you must go through a 90-day waiting period before the court can take action.
What You Should Do During Your 90-Day Waiting Period
While waiting for the court to move forward with your legal separation, you should focus on negotiating what you want out of the separation. For example, you could discuss issues like property division, child custody, and spousal support.
A lawyer could help you come to an agreement with your spouse, potentially allowing you to present a completed separation agreement to the court after 90 days. If you can present an agreement, the judge can look it over and potentially approve it, allowing you to move forward.
What if You Can’t Come to an Agreement?
If you cannot negotiate a settlement agreement with your spouse, you’ll have to go through a series of court hearings. Eventually, the judge will create a settlement agreement based on the outcomes of these hearings.
You can learn more about how to file for legal separation and what happens once you do by reaching out to a legal team that handles family law issues.
For a legal consultation, call 203-288-7800
What Are the Requirements to File for Separation?
In order to file for separation in Connecticut, one spouse must have lived in the state for at least 12 months. Additionally, you need to provide a legal reason for the separation. You can apply for separation on a fault-based ground or seek a no-fault separation.
You may seek a no-fault separation if you have lived separately for a continuous period of at least 18 months and have no chance of reconciliation, or if you believe your marriage is irretrievably broken.
Why Choose Separation Instead of Divorce?
Some couples choose to pursue separation instead of divorce because of the potential financial benefits of remaining married. For example, a spouse may lose access to Social Security benefits after a divorce, but they can maintain these benefits during a separation.
Additionally, some couples choose to separate because:
- They want to use the process as a trial run to see if they should divorce.
- They can undo a legal separation if they plan to try to reconcile.
- Their religion prohibits getting divorced.
You can discuss this process with your attorney if you are considering moving on from your marriage. An attorney can also give you more information about getting a divorce if you wish to pursue that step instead.
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What Happens After a Judge Approves Your Separation?
Once a judge approves your legal separation, you can independently move on from your spouse. You can remain separated for as long as you like. You can also request that the court terminate the separation if you wish to resume your marriage.
If you want to remarry, or if you decide that reconciliation is impossible, you can request that the court convert your separation into a divorce. A New Haven divorce lawyer can walk you through this process.
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Is a Trial Separation the Same as a Legal Separation?
A trial separation functions differently from a legal separation. Basically, you can choose an unofficial or “trial” separation at any time. When you engage in a trial separation, you can use unofficial agreed-upon terms for matters like financial support and child custody.
Based on the outcome of a trial separation, you may decide to pursue a legal separation or a divorce. Some couples also decide to reconcile after a trial separation.
Talk to Us About Filing for Legal Separation
Are you wondering how to file for legal separation in Connecticut? Our team at Happy Even After can provide the guidance you need to handle this process. We have over 60 years of combined experience handling family law matters, and we’re ready to offer you personalized guidance and support.
We’ll ensure you understand exactly what forms you need to fill out for a legal separation, and we’ll explain what you should expect after the court approves the separation. Contact us now to learn more about your options for moving forward and meeting your goals.
Call or text 203-288-7800 or complete a Legal Consultation form
