The process of separating from your ex-partner in Connecticut will see you and your ex-partner sign legally binding paperwork declaring that you have either lived separately from your ex-partner for 18 months and do not intend to reconcile or that your marriage has irrevocably broken.
Legally separating from your partner is not the same thing as divorcing your partner. While the separation process can see your legal status change, you are still legally married to your ex-partner. If you want to get remarried, you’ll need to pursue formal divorce proceedings.
Our New Haven legal separation lawyers at Happy Even After know that the separation process can benefit ex-partners financially, may continue providing partners with health insurance, or can satisfy religious expectations from one or both parties. We can discuss whether or not this process is right for you during a separation consultation.
Are There Differences Between Legal Separations and Divorces?
There are differences between a divorce and a legal separation, yes. While both processes can change the status of your marriage, a divorce formally and legally dissolves your marriage in the eyes of the law. Legal separations in Connecticut do not, even though they allow you and an ex-partner to live apart and maintain separate assets.
In other words, you are still technically married even if you pursue a legal separation. If you want to remarry, you will need to file a motion for a divorce with Connecticut’s family courts.
When pursuing a separation, you and your ex-partner will need to work together to determine what terms you’re separating on, how you need to separate your finances, and how you need to care for any children impacted by your separation. Support from a New Haven family lawyer from Happy Even After can make those conversations more straightforward.
For a legal consultation, call 203-288-7800
How Do You Initiate a Legal Separation in Connecticut?
If you want to pursue a legal separation, you need to file a motion or request with Connecticut’s family courts. Your request should include information about when you got married, how long you remained together, and where you lived during your relationship. One of you needs to have lived in Connecticut for at least 12 months to move your separation forward in the state.
Your request should also include legal grounds for your separation. The legal grounds you use to justify your separation are the same that you might use if pursuing a traditional divorce. You can work with an attorney to allege that your marriage is irretrievably broken or that you’ve lived apart for a continuous 18-month period.
You can alternatively pursue a fault-based separation, arguing that you have the right to move forward with your divorce thanks to:
- Bigamy
- Adultery
- Desertion
- Substance abuse or intoxication
- Domestic violence or cruelty
- A life sentence in prison
- Confinement in a mental health facility for five years or more
Is a Separation Legally Binding?
You cannot informally pursue a separation in Connecticut. If you want to benefit from the equal division of your property and parenting responsibilities, you need to undergo a legal separation overseen by the family court system. The agreements that you come to with an ex-partner need to be recorded in a legally binding document if you want your separation to move forward.
In this vein, so long as you have your separation agreement confirmed by the family court system, your separation is legally binding. Notably, Connecticut’s family courts also require separating partners with children to attend mandatory parenting education classes before finalizing a separation agreement.
You can discuss what specific steps you need to take to formalize your separation agreement when you meet with our attorneys for support. We at Happy Even After can walk you through the basics of understanding legal separation in Connecticut so you can go into the process with all the information you need.
Click to contact our family law lawyers today
Why Should You Work With Separation Lawyers in Connecticut?
It’s not always easy to bring together the documentation you need to move forward with a legal separation in Connecticut. Working with our team of separation lawyers at Happy Even After makes it easier to stay organized and to complete a request that comprehensively discusses your reasons for wanting to bring your marriage to an end.
Once you and your separation lawyer complete a request for separation and file it for consideration, your attorney can stand with you throughout negotiations with your ex-partner. The court requires you to undergo a 90-day waiting period after you file your request, during which you can discuss:
- Custody and visitation
- Property and how you want it divided between you and your ex-partner
- Spousal support, as applicable
Constructive negotiations allow you to avoid the stress of a hearing and give you more control over what your post-separation life might look like. After 90 days, a judge may choose to approve your separation. You may later resume your marriage by filing a declaration of resumption of marital relations, or you might eventually choose to pursue a divorce.
Complete a Legal Consultation form now
Discuss Legal Separations With Professionals Who Care About You
What is a legal separation in Connecticut, and is one right for you? If you’ve been asking yourself these questions, it’s time to get in touch with a Connecticut separation lawyer.
Meeting with our legal professionals doesn’t lock you into a course of action. Instead, it connects you with a team who can begin gathering the documents you need to move forward with the dissolution of your marriage. We can discuss how separations differ from divorces and how you can protect your access to shared financial benefits and other means of support.
Contact Happy Even After today to set up a case consultation with family law attorneys who understand the intricacies of Connecticut’s separation laws and how they may impact your future.
Call or text 203-288-7800 or complete a Legal Consultation form
