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Oberst DeFala Law, PC
Frequently Asked Questions

Over 25 Years of Experience
Member of the Connecticut Bar Association

Over 25 Years of Experience | Member of the Connecticut Bar Association

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Have a law-related question? We have the answer! Check out our FAQs below to learn more about our company and services.
  • How long does the Connecticut divorce process take?

    The Connecticut family rules have been updated in 2020 and 2021 to reflect the current demands of family law participants. Divorces used to take at least four months (one month for service of process and a 90-day waiting period), but this is now easily waived by a series of court forms. The mandatory courthouse appearance itself, even after the waiting period was complete would sometimes take weeks due to delays getting a hearing date. Then you would have to spend hours in the courthouse waiting your turn to put on an agreement before the judge. Now, the parties can sign an agreement and all relevant forms in one day, e-file with the court, and have an online judgment approved by the judge in as few as five days. Some courthouses take longer to approve a divorce agreement, depending on how full the judge's docket may be.


    Despite vast improvements to the Connecticut divorce process in recent years, you need the best divorce attorney to represent you if you wish to get through the court process as quickly as possible. Contact us today to take your first steps.

  • How is property divided in a divorce?

    Connecticut divorce law divides property in three basic ways: 


    • Alimony/spousal support, which is a function of distributing the parties' earnings after divorce
    • Child support, which lasts until the youngest child attains the age of 18, having completed high school
    • Asset/debt distribution, which endeavors to leave each spouse in an equitably sustainable situation

    Alimony may be waived or preserved and child support is modifiable until the child ages out. Asset distribution is final upon completion and cannot be modified after the divorce is complete. The asset/debt distribution begins by identifying all of the marital assets and debts. Typically, assets and debts involved are acquired during the course of the marriage. It is important to note that just because one party earned more of an accumulated asset or incurred debt without spousal consent, this does not disqualify them from being considered marital assets and debts.


    If you have concerns about the division of property in your upcoming divorce, our local divorce lawyers can help you end your divorce in the best possible financial situation. Call us today to get the representation you need.

  • How can a divorce mediation attorney help?

    Family law attorneys have an obligation to stay informed on current laws and rulings in Connecticut divorce law statutes and case law. This enables them to help parties make sure that the divorce papers they sign, and the process they follow, are accepted by the court. A mediation lawyer is trained in helping clients make not only the best legal choices but also the best personal choices for their own family's situation.


    If you need professional guidance as you try to make the best decisions for your family, our divorce attorneys can help. Request a consultation on our website or give us a call to start developing a plan for the future.

  • How much does the divorce process cost?

    Divorce is frequently predicated upon an emotional decision. Processing one's emotions through divorce lawyers is an expensive and time-consuming battle that can exponentially increase as it continues. Parties who choose to view their divorce as a business transaction save themselves a lot of expense, not only in terms of money but also in terms of the emotional toll and psychological scarring that a protracted legal battle can inflict.  


    An amicable, mediated, and friendly divorce can resolve within 10 to 15 hours of one lawyer's time (Connecticut attorneys typically charge between $500 and $1000 per hour). A contested and litigated divorce may frequently take two lawyers and other professionals (guardians, forensic accountants, attorneys for minor children, etc) hundreds of hours. Clients in mediated divorces are encouraged to work directly with qualified mental health professionals to help resolve the emotional side of the divorce without bringing it into the court process. This can be done together with a mediation lawyer or separately, depending on the party's individual needs.


    Our local divorce lawyers can help you streamline your divorce process so you can begin to recover from the stress as quickly as possible. Don't hesitate to call if you need legal guidance.

  • We are already separated, do we need a divorce?

    Parties who live apart (even in the same household) may technically be separated from each other, but they are still married in the eyes of the law. This has pros and cons: they are still eligible for each other's medical and social security benefits, for example. However, they may not re-marry and live separate lives. Having a separation agreement gives the parties a rule book by which to behave whether they are separated or divorced. Having a divorce lawyer help you write the separation agreement helps ensure that it is an agreement that could be approved by a judge. Some couples choose a legal separation so that their agreement is enforceable in a court of law. However, until the parties are declared divorced with their marriage fully dissolved, they are not single and cannot re-marry.


    According to the U.S. Census Bureau, most first marriages that end in divorce last for about eight years. This can be after an extended period of separation. If you want to move from being legally separated to being divorced, our local divorce lawyers can help. Give us a call today to start the process.

  • Does it matter which divorce attorney I hire? Aren't the rules the same for everyone?

    The best divorce attorney or divorce mediator will make all of the difference in the impact your divorce has on your life, your emotional stability, your financial picture, and the emotional reverberations of your divorce on your children and grandchildren. The importance of choosing the right divorce attorney or family law mediator cannot be overstated. Choose an attorney who can see the big picture of what your life, your assets, and your relationships will look like once the divorce is over. Getting a particular asset or a specific amount of money might not be the most important aspect of your outcome. Divorce is a transition into a new period of your life — it is not the end of your life. You do not need to leave it all on the field.


    If you're ready to start working with a local divorce lawyer, give us a call today. We will do everything we can to make your divorce as easy on you and your family as possible.

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