gladstonelegal

The Court Rejected Your Divorce Mediation Agreement! Now What?

Thu, 06 Nov 2025 02:39:35 GMT

All of the work done during the divorce mediation is meant to get the couple to come to an agreement regarding the issues that have to be addressed as part of the divorce as determined by the Family Court in Connecticut. This agreement is summarized in the couple’s separation agreement. The benefit of working with an experienced divorce mediator is they know what specific items need to be covered in your separation agreement and what other documents need to be filed. We are out here crossing T’s and dotting I’s with the goal that the final paperwork that's filed with the court, will be approved the first time, and without the couple having to go to court later to get the divorce finalized. This is the ideal scenario.

But sometimes the court rejects the couples request to get divorced, either because there was an issue with something that was filed. Usually that something is the separation agreement. So what do you do if this happens? First, don’t panic. It doesn’t mean that you and your spouse are stuck together and can’t get divorced. It just means that the mediator needs to review the court’s reason for the rejection, and then your divorce mediator needs to correct it.

That leads us to two possible outcomes.

Outcome 1: The mediator fixes the paperwork that was filed, or amends the separation agreement in line with the court’s concerns. Re-files the agreement, and asks the court to review the updated agreement (and or paperwork) and grant the divorce.

Outcome 2: The couple may have to report to court either in person, or remotely via video to attend an uncontested hearing. In Connecticut, the judge will ask the couple about the agreement and will address the judge’s concerns or questions about the agreement. If addressed to the judge’s satisfaction, then the court will approve the agreement and then grant the divorce.

So either way, the couple will still get divorced with their mediator’s help. That’s why it’s so important even when a couple already has an agreement prior to filing, that working with a divorce mediation attorney (instead of going it alone) can be so helpful as it gives the couple the greatest probability of their agreement being approved the first time, and or can guide them if things do go as planned.

If you are planning to file for divorce and are considering divorce mediation, or if you are in the situation where your agreement was rejected and you need help, please contact the Law Office of N. Gladstone Brown and Success Mediation for an initial consultation.

Three Ways to End a Marriage in Connecticut: Divorce. Legal Sepration. Annulment

Sun, 05 Jan 2025 06:26:26 GMT

There are three ways to end your marriage in Connecticut. Divorce (or Dissolution), Legal Separation, and Annulment. The most common is divorce. That is where the couple decides that they want to end the marriage because they have irreconcilable differences (fancy way of saying they can’t get along) or one or both spouses have committed one of the grounds for divorce. We’ll get into those in another blog. The process begins by one spouse filing a summons and complaint asking for a divorce. In addition to ending the marriage the couple asks the court to address other issues including dividing any assets, debts, figuring out alimony, parenting time and custody. You know, the fun stuff! The divorce can be finalized by the couple coming to an agreement known as an uncontested divorce or if they can’t agree on any or all of the divorce issues then they go to trial and the judge will divorce them after hearing both sides at the trial and issue a judgment addressing those unresolved divorce issues. If the couple meets certain requirements (married less than 9 years, no children, no retirement or pensions, no real estate) then they can get divorced quicker by filing a Non-adversarial divorce which requires the filing of some documents prepared jointly by the couple, filed with the court and if acceptable ruled on by the court resulting in a divorce in about 35 days without the couple having to go before a judge.

Legal separation is the same as a divorce except that when it’s over the couple are still legally married. But the couple or court can deal with all of the issues that are addressed in a divorce. After the legal separation is granted the coupled can come back to court later to convert the legal separation to a dissolution of marriage.

Finally, a (civil) annulment is the process by which a marriage is recognized by a state court as being void or voidable due to some statutory or common law ground at the time of marriage. A marriage can be annulled in Connecticut for a number of reasons, including:

Blood relation: Marriages between close relatives, such as siblings, parents and children, or stepparents and stepchildren, are not legal
Bigamy: Marrying someone while already married to another person is illegal
Age: A marriage is invalid if one spouse was under the age of consent
Mental incompetence: One or both spouses must have the mental capacity to consent to the marriage
Health issues: If one spouse fails to disclose a relevant health issue, such as impotence, before the wedding
Fraud or duress: If one spouse was tricked or coerced into the marriage
Legal defects: If the marriage ceremony was performed by someone who was not authorized or the couple did not have a valid marriage license
Concealment: If one spouse conceals a significant aspect of their identity, such as a prior marriage or criminal history

Unlike a divorce or legal separation where you don’t have to assert or prove any grounds for divorce, for the court to grant the annulment one spouse has to allege and prove one or more of the statutory or common law grounds. Couples can also get a religious annulment but that has no legal authority to terminate the marriage.

We can discuss which option is best depending on your circumstances and goals, and help you through each process. Please contact us to scheduled a consultation to discuss your situation.

My Spouse Doesn’t Know If They Want To Do Divorce Mediation and Won’t Come to the Initial Consultation!

Mon, 09 Dec 2024 06:26:23 GMT

So you and your spouse have made the tough decision that you want to get divorced, but that’s all that you’ve decided (because now you’re not speaking to each other). You’re proactive so you look into some options to get divorced and you come across a handsome attorney’s website that offers divorce mediation. After checking out the website you think divorce mediation will be the best option for you and your spouse. You tell your spouse that you want to set up a consultation for the two of you, but your spouse doesn’t want to come or participate. Now what?

It’s definitely preferred that both spouses attend the initial consultation so they can both get an idea of the process, meet the mediator, and have enough information to jointly decide if divorce mediation is right for them. The mediator also needs to evaluate both parties. So in order for the divorce mediation to proceed both parties have to be on board. But, I have had situations where only one spouse attends the initial consultation. It’s not the end of the world. In those instances, the information that is provided during the consultation is relayed to the other spouse and I’ve also let them know that if they have any questions they can reach out to me directly to help them make a decision.

Ultimately, if your spouse doesn’t want to participate in the divorce mediation, but you still want to get divorced then one spouse would need to file for the divorce with the court to start the divorce case. From there they have a couple of options: (1) they can represent themselves, (2)hire an attorney, or (3) get limited scope representation. Limited Scope Representation involves the attorney acting like a coach and consultant helping one spouse through each step in the divorce process that they agree to have the attorney help them with. It can be as little as preparing the paperwork to file with the divorce to start the divorce, and/or include preparing and responding to discovery, completing financial affidavits, filing motions for orders, prepping for hearings, and prepping for the final trial, or preparing the final agreement if the couple settle.

Our office offers limited scope representation for spouses who are representing themselves but still need some help from an attorney. The Limited Scope Representation model is a great option for controlling the costs associated with a contested divorce. If you are considering alternatives to going it alone and representing yourself, then please give us a call to discuss how Limited Scope Representation can help you navigate the divorce process.

So How Long's Your Divorce Mediation Going to Take?

Tue, 26 Sep 2017 21:41:38 GMT

How long will it take to get divorced when using divorce mediation? Divorce mediation is a quicker path to get divorced, and if time is an important factor then you should consider divorce mediation.

Once you have started the mediation these are the timeframes you can expect.

Each session is about 90 minutest to 2 hours long, max. Trust me, after 2 hours everybody including me are ready to go.

Depending on the issues involved, and the parties, they need anywhere from three to six sessions to complete the mediation, reserving the final two sessions for reviewing the agreement, and then signatures, and preparing for the final hearing.

But back to the question at hand. How quickly can you get divorced? Well it’s really up to you, and the court. Up to you because the pace that the sessions are scheduled is up to the parties and the mediator’s schedule. They can be scheduled days apart, weeks apart or months apart. It's up to the court because once you file for divorce with the court there is a statutory 90 day waiting period that starts counting from your return date. The return date is the name that the court uses as the divorce start date. So normally at the earliest you can’t get divorced until after the 90 day waiting period. But there is a procedure where if you have an agreement, and if all of your stuff is in order, you can ask the court to waive that 90 day waiting period and get your final hearing date scheduled ASAP. Rome was not built in a day, but you could get divorced in one. Don't believe me, I'll show you.

So a couple can walk into the court’s clerk’s office to file their paperwork to start the divorce. Additionally they can request the waiver of the 90 day waiting period. If they have all of the necessary paperwork completed, and the judge grants the waiver than they are ready to get a divorce. If the court could accommodate them that day, then they can get divorced. I bet you didn't believe me.

Now, normally, it takes a little more time to get your final date after that waiver is granted depending on the court’s availability, but just know that having an agreement ready and all of your T's crossed and I's dotted gives you the opportunity to expedite your divorce.

What I want you to take away is that divorce mediation is:

Almost always quicker than litigation. No waiting all day for a hearing to be heard. No wasted time preparing for hearings, depositions, and trials.
The pace of divorce mediation is really up to the parties. It can go as fast or as slow as you want.
If you wait to complete the mediation before filing for divorce that’s the best scenario because there are procedures in place where you can request an immediate hearing date. But don't worry if you start mediation after you have filed for divorce your mediator can still work within your timeframe.

Can Divorce Mediation Work When We Can't Agree on Anything

Sun, 24 Sep 2017 06:26:20 GMT

One popular misconception is that couples have to agree on everything before they begin divorce mediation. It’s not true. So let’s look at both scenarios. One where the couple comes in with agreements, and one where they can’t agree on anything.

When couples come in with some, or a total agreement that’s great, and it definitely makes the mediation process easier, and shorter.

“So what do we need you for?” In this scenario the mediator is still necessary for a couple of reasons. To ensure that the agreements that are formed comply with the law and court procedure, making them more likely to be approved at your final hearing. Yes, you are free to make any agreements you want, but the court, and the judge who has to review your final agreement have the final say.

A good mediator will be familiar with the court that your divorce case is in, and familiar with the judges in that court. The last thing you want is to have your agreement not approved by the court. That would suck. It’s not the end of the world, but you will have to go back to the drawing board to make sure the agreement complies with the law and the court’s practices and procedures. On top of that you will also have to wait for another court date. So why not get it right, one time, the first time?

A good mediator will also prepare all the other documents needed for your divorce, and, or review the ones you have prepared to ensure that there are no issues at your final hearing.

Now what if you can’t agree (on Anything?) That’s OK too. A little more challenging but doable. Even at extreme scenarios where both spouses don’t agree on anything, there can still be agreement.

“Really?”

“Yup!”

You agreed to get divorced.

You agreed to seek mediation.

You agreed you wanted to do it without confrontation, and fighting.

You agree you both want to be fair.

I bet you agree you both want what’s best for your kids.

We could probably keep going and find some agreement in issues that are more substantial to the divorce. So you see, there is always a starting point. We can work from there.

The old ways was let’s hire attorneys and see each other in court. That old way is not the best way. You know you better than anyone else and you are best equipped to come up with the solutions to the specific issues in your divorce. Agreement or not, we can work with every couple wherever they are starting from through divorce mediaiton.

How Much Will Your Divorce Mediation Cost

Sun, 24 Sep 2017 06:26:20 GMT

I’m going to give you a typical attorney answer. “It depends.” There are several factors that go into the cost. So here are a few factors, and how they impact the overall cost of divorce mediation.

Location: Because owning a law firm is a business and has to be run like one, factors such as location play into how we price our services. So if an attorney has offices in a more affluent part of town, where rents are higher that attorney may need to charge you a little bit more than another attorney in a different part of town, or another town over.

An attorney's overhead is not just where his offices are but what's in them. If the attorney has a lot of staff, and pricey equipment (receptionists, paralegals, gold plated toilet, etc…) then that too could effect the pricing, because someone has to pay for all of that staff, (I’m looking at you) compared to another attorney with less overhead.

The Attorney: The attorney’s experience and what they provide plays into the pricing. Usually the more experience an attorney has, and the longer they have been practicing, then their rates will reflect that and probably be higher than an attorney in the same field with a lot less experience. Additionally, some newly minted attorneys will charge really low rates to differentiate themselves from more experienced attorneys.

The Client: You determine how much by how long it will take you to complete the mediation. Most attorneys charge at an hourly rate (We don’t. We'll talk about this later) so the longer the case is drawn out the more you pay. And if there is a lot of work done by the attorney outside of the mediation sessions (responding to your emails and calls) that can also increase your costs.

Let’s consider what you will save by deciding to go with divorce mediation?

You will save significantly more money over the cost of litigation because one attorney is cheaper than two. You will save lots and lots of time because divorce mediation is a shorter process than divorce litigation. Hearings, depositions, trials and the associated prep time are a couple examples of time sinks and money pits associated with litigation.

But if that doesn’t convince you then consider the cost of something that’s priceless. You will save the peace of mind that comes with dealing with less stress from not battling through your divorce but instead working together, and not worrying about navigating the financial and legal hurdles that are part of your divorce by yourselves.

Another question is “Who pays for the mediation?” The decision on who should pay for the mediation should be made between the mediating parties. You should discuss it and come to an agreement on how the fee’s should be shared. Most couples split the fees 50/50, but other arrangements can be made (like flipping a coin, or Rock, Scissors, Paper).

Back to hourly vs. flat fee billing. We exclusively charge on a flat fee basis. One fee includes everything from start to finish. This allows us to focus on your case without worrying and wasting time tracking hours and invoicing you. With our flat fee pricing model, you don't have to worry about being nickel and dimed for every interaction with your attorney, so if you want to call or email me about your case there's no need to worry how much extra it is going to cost you, it's all included.

Call or Visit our website to discuss your legal needs today, and to schedule a free consultation. The calls on you but the consultation is on us.

Divorce Mediation 101

Sat, 23 Sep 2017 06:26:18 GMT

There are several ways to go about getting a divorce. It used to be that you had to each hire an attorney and battle it out in court. Other alternative divorce methods have been introduces such as collaborative divorce and mediation. And of course there is DIY divorce where you and your spouse go it alone. I’ve probably talked about this before but I think it’s important to revisit because even though mediation in divorce is becoming more widespread there is still some misinformation about what mediation is, how its applied for divorce cases, and what's the role of the mediator.

Mediation is known as assisted negotiations, or as I like to define it as assisted problem solving. Applied to divorce, mediation helps couple resolve all disputed issues that come up during a divorce (child support, custody of children, visitation, alimony, property division and debt division). Mediation is also useful in resolving issues after the divorce has been finalized such as modifications to the agreement that arise as life happens, and issues that come up when one party has not followed the orders that where entered at the time of divorce.

The mediator’s role is to be a neutral third party, who assists the couple in identifying the issues that need to be resolved, and then helping them come up with solutions to those issues. Neutral (think Switzerland) meaning he does not work for or against any party’s interest.

This is all done in private mediation sessions between the mediator and the couple. Each session is usually 90 minutest to 2 hours long. The number of sessions needed to complete the mediation depends on the parties and the issues involved. Divorce mediation can be done in as little a three, but it usually requires 4 or more sessions.

The end product is a separation agreement. The mediator will draft your agreement, and review it with the parties, before it is signed. The final steps are preparing for the final hearing and contacting the court to schedule the final hearing.

Key things to remember about divorce mediationare it's private. It’s voluntary. It's quicker and less expensive than a both of you hiring attorneys for the divorce.

At Success Mediation weare attorney mediators who can assist you in every area of your divorce. We believe that a mediated agreement between the parties is in everybody's best interest and makes for a better life for everyone after the divorce has been finalized compared to litigation. Want to learn more about divorce mediation, our firm, or how my newest hobby learning to play golf is going? Then reach out to us by phone, email or visiting our website.

Differences Between an Uncontested and Contested Divorce

Tue, 22 Aug 2017 06:26:16 GMT

Filing and Fees

For the most part filing for divorce whether contested or not is the same. The complaint is drafted and signed. The filing fee is the same. The only difference would be service. If the parties agree, then service (the legal process of notifying someone about a law suit) of the summons can be waived. This waiver is available for both case types, but if the parties are contested, they both may not be able to agree on waiving the service requirement, especially if one party does not want the divorce.

After You File:

There is a 90 day statutory waiting period where the parties cannot get divorced before that date. This to can be waived, but the parties have to agree and seek the court’s permission to waive the waiting period. This to is available to both contested and uncontested divorces, but if the parties are contested, then they won't have the required agreement necessary to request the waiver.

Discovery and Disclosure:

Whether it is a contested or uncontested divorce case, the parties are required to fully disclose their financial information, within specific timeframes. You may find however that when the couple’s divorce is contested it takes longer for to produce their information, especially if finances and or property are one of the contested issues.

Court’s Involvement:

Before the final hearing date the case can be called in to court for status conferences, hearing dates for pending motion, and for pretrials, among other things. These additional court dates are usually not needed for uncontested cases. They however, frequently occur when a case is contested.

Length of the Case

Uncontested cases get divorced sooner. As mentioned, it is possible to waive the waiting period and get divorced on or shortly after the date you file the summons and complaint with the clerk’s office. Compared to those cases a contested case will always take longer. Without waiving the 90 day period you are looking at at least 3 months minumun, but realistically these cases generally require more time in and out of court. Generally these cases are not ready, or do not have a trial until nine months to a year or more after the file for the divorce.

The final hearing times differ greatly as well. An uncontested hearing is about 20 to 30 minutes to at the most, while a contested trial is at least a day to several days, and then the judge has to render a decision which can take up to another four months. And while you are waiting for the judge’s decision you and your spouse are still married.

Costs/Attorney Fee's

Another major difference between an uncontested divorce and a contested divorce are the costs paid to get divorced. Obviously if you are representing yourself then there are no costs other than the initial costs associated with to filing the case. However, there are still costs that are higher with a contested divorces. Those costs are more time spent, more energy spent, less peace of mind, and more stress.

Every divorce is not the same, but where a couple can resolve their divorce in an uncontested manner then that would be better for all parties involved. Success Mediation has experience helping couples going through divorce and resolve their divorce without conflict, through mediation, saving those couples, time, money, and giving them peace of mind.

Why the Cause of the Marriage Breakdown Doesn't Really Matter

Mon, 26 Jun 2017 06:26:15 GMT

A couple can decide to get divorced for many reasons, including cheating, abuse, separation, or one or both of them just deciding that the marriage no longer works for them. During the divorce process parties often want to get their opportunity to tell what their spouse did to cause the marriage to come to an end. While it is important for divorcing parties to have an opportunity to state their peace during the divorce proceeding starting with what they allege on the divorce complaint, in practice it is rare that any specific reason is given for the breakdown of the marriage, and parties opt to just claim that the marriage has broken down irretrievably.

There are nine fault ground that can be alleged in your divorce complaint. I won’t list them all here. The important thing to know is that when these grounds are alleged in the complaint, each element of the ground(s) has to be proven to the court’s satisfaction before the dissolution of marriage can be granted. If you allege adultery for instance and you cannot prove all of the elements of adultery then there is a chance your divorce won’t be granted.

There is one other ground for divorce which is Irretrievable Breakdown. This is also known as the No-Fault ground, because you are not stating a specific reason or blaming one party for the breakdown of the marriage. It is a much simpler way to allege a cause for the breakdown over the previous nine fault grounds because it is much easier to prove. For this reason a dissolution is rarely denied alleging the no fault ground of irretrievable breakdown. Testimony of either party is sufficient to support a dissolution based on irretrievable breakdown. It only requires one party to assert irretrievable breakdown. The other party does not have to agree, and the other party can even believe that the marriage has not broken down, and can still be hoping for reconciliation, and the marriage can still be dissolved on one party’s allegation that the marriage has broken down irretrievably. In an uncontested divorce, parties will usually agree that the marriage has broken down irretrievably.

If you insist on alleging a fault ground in your complaint then the best practice is to also allege the no fault ground as well. This way if you are unsuccessful proving the elements of the fault ground, the court can still grant the dissolution based on the no fault ground that you also alleged. In practice, fault grounds are rarely alleged when a complaint is prepared by an attorney, but that does not mean that the causes of a marriage’s breakdown are totally irrelevant. The court can also consider fault when making property and alimony orders. If the fault alleged was the cause of the breakdown of the marriage, then fault is a statutory factory that must be considered in making alimony and property orders, even if the divorce is being brought alleging a no fault ground.

As important as what occurred, is when it occurred. Generally allegation that would be considered causes for the breakdown that happen after the marriage has broken down are not considered, and are irrelevant. At the least, the date of the complaint is the last date that is considered as the date the marriage broke down, because they parties allege as part of the complaint that the marriage has broken down.

At Success Mediation we not only prepare you for the divorce hearing by helping you resolve your disputes, and preparing all documentation needed, but we also help you understand what to expect before, and at the final hearing, and prepare you for your life post divorce. Visit our website at gladstonelegal.net or give us a call so we can help you find a better way to get through your divorce, or for any of your family law needs.

Child Support and Your Divorce

Thu, 08 Jun 2017 06:26:13 GMT

For those of us with kids (me included) they bring so much joy into our lives, when they are not getting on our nerves. But we don’t hold that against them and we try our best to provide for them financially in every way. When a divorcing couple has kids involved they have to consider how that child will be taken care of financially during and after the divorce. Child support payments are a necessary topic that has to be addressed. To have a better understanding of this topic so you can better prepare and participate in your mediation here are some important things to note about child support orders.

1) Why are child support orders necessary? Well, there is the moral obligation that every parent undertakes when they have children. Additionally, child support orders are governed by statutory provisions, but the main reason for support orders are the court’s requirement that parents support their children, and that the amount of that support should be based on the parents respective abilities.

2) How does the court determine the correct amount of child support? Connecticut courts follow the Child Support Guidelines to determine the amount of support based on the combined net income of the parents, and other considerations. The reasoning behind using the guideline’s calculation method is to ensure the child support order is calculated in such a way that the child will still receive the same percentage of support from their parents that he or she would have received had the parents continued to live together as an intact family. The guidelines are also used to compute each parent’s share of the unreimbursed medical expenses and work related child care costs for each child, were applicable. Child support guidelines are considered in every child support determination, even when the court or parents decide to deviate from those amounts determined by the guidelines.

3) Who pays and how often? Generally parents are the only ones liable for child support. However, there are some rare circumstances in which other people may be liable for child support. Child support orders can be ordered as part of your marriage dissolution, your application for custody, or support petition. Child support is calculated on a weekly basis but other arrangements can be made such as payments made biweekly, or monthly.

4) Do you have to follow the child support guidelines? Yes, and No. At a minimum the, guidelines have to be used to calculate what the child support order should be. When the court (or parties by agreement) come up with an amount that is different than would be ordered according to the guidelines, that is considered a deviation. To justify a deviation the guidelines allow for certain deviation criteria including, but not limited to other financial resources of the parents, and or children. Whether the parent paying support has other dependent children who are not the subject of the current support order, and whether there is a shared physical custody arrangement.

5) What happens if your situation changes in the future? Child support orders are modifiable if there has been a substantial change in circumstances or a substantial deviation from the child support guidelines. If one of those situations occurs one of the parents would need file a motion for modification.

6) How long do I have to pay child support? Child support terminates when the child reaches 18, but if the child is still enrolled in high school it does not terminate until the child is no longer in high school (graduates or drops out), or when the child reaches age 19, whichever comes sooner.

Our goal in mediation is to not only help you through your divorce, it is also to help create the best possible framework for your life after the divorce. One way of ensuring this is to make the best possible arrangements for the benefit of your children to keep their life as close to stable as it was before the divorce. By understanding child support you are better equipped to create support orders that can be in the best interest of you and your children during, and after the divorce.

Success Mediation has helped couples navigate this area of their divorce to come up with the best solutions to the issue of child support. If you need help with your child support agreement or any other area as part of your divorce mediation, visit our website, give us a call , or email us.

Alimony: 6 Things You Need to Know

Thu, 25 May 2017 06:26:12 GMT

Alimony also known as Spousal Support is money a court requires one spouse to pay to the other spouse for support before, and/or after the divorce is granted. Here are 6 things you need to know about alimony.

1) Alimony awards can go both ways: Alimony is not just paid by husbands to wives, despite common belief. It can be paid to, or received by either spouse.

2) How is it calculated?: Courts rely on several factors to determine the amount of alimony awarded, and for how long the award will be paid. Some of those factors are

The length of the marriage
Cause of the marriage breakdown
The age, health, occupation, education and earning capacity of the parties.
Amount and sources of spouse's income.

The complete list of factors can be seen here.

3) Alimony can be paid in several ways: Alimony can either by paid periodically (usually on a monthly basis), or as a lump sum paid at the time of dissolution, or shortly thereafter.

4) Alimony payments can be various lengths: Alimony payments can be a one time lump sum payment or periodic payments for a year, several years, or a lifetime award. There’s no set timeframe for how long a spouse will be paid alimony.

5) Alimony can be ordered during the divorce (known as pendent lite alimony), and or at the time the divorce is granted.

6) Alimony is not automatic: As previously stated there are several factors that the court considers when making an alimony award. Either spouse can waive their right to alimony. If alimony is waived and not ordered at the divorce, that spouse that waived alimony can not come back to court to request alimony after the divorce is finalized.

Alimony awards do not have to be decided by the court. Your divorce mediation attorney can help you draft alimony orders so there is no uncertainty that results when it is left up to the courts to decide an alimony award. Doing so, the parties ensure the alimony order is tailored to meet the needs of each party, now and in the future.

Legal Separation and Why Would You Want One Instead of a Divorce

Tue, 04 Apr 2017 06:26:10 GMT

I had someone ask me today why would anyone file for a legal separation instead of a divorce. But before I answer that question let me explain what a legal separation is. If a divorce ends the marriage then a legal separation just pauses it, but with most of the same results of a dissolution such as division of property and providing for support orders. The process to file fora legal separation is similar to a divorce, except it is started by filing a different complaint than you would in a divorce, and as I said before, the court can enter orders regarding support, debt allocation, and property division. One important difference is that after you have completed the legal separation the court declares you legally separated and not divorced, so unlike a dissolution you are not able to remarry.

So what happens after the legal separation has been ordered by the court. One of three things can happen. On; if the parties resume marital relations, then they can file a declaration with he court, and the court will dismiss the legal separation complete. Two; you haven’t resumed marital relations, then one of the parties can file a petition to convert the legal separation to a dissolution of marriage. Three; nothing can happen, and the parties can remain legally separated.

There are two reasons why you might want to opt for a legal separation instead of divorce. The first reason is for religious reasons some parties don't want to divorce, but want to end the marriage, and a legal separation is their best option. Secondly, is for employment benefits. Some employer’s benefit plans will allow a legally separated ex spouse to remain on the employee’s benefits plan, where if the employee was divorced, their ex spouse would be removed from the plan and have to get their own coverage.

Finally, some other important considerations when filing for a legal separation are that legally separated parties can still inherit from each other (absent some provision(s) in the legal separation decree). Even though the parties are still legally married, for tax purposes they are considered single. Finally, unless there is a specific reason you need a legal separation it is best to file for a dissolution of marriage.

At Success Mediation we are here to discuss your unique situation, and we’ll help you decide the best course to take regarding your family law issues. Visit our website at gladstonelegal.net or give us a call so we can help you find a better way to get through your divorce or any of your family law needs.

Four Things You Need to Know Before Filing For an Annulment

Tue, 28 Mar 2017 06:26:09 GMT

Annulments are not common and make up a small percentage of cases filed for parties looking to end their marriage. If you have questioned whether filing for an annulment of your marriage is an option for you, here are the top four things you should know.

A marriage can be void or voidable. A void marriage is invalid from its very beginning, because it was is unlawful and therefore requires no formal process or court order to terminate. Although a void marriage does not require a court order to invalidate it, the best course is to get an annulment, rather than just assuming the marriage did not exist absent a court order. A voidable marriage, on the other hand is a legal marriage that can be cancelled by one of the parties, but this requires a court order. The first step would be to file for an annulment in family court.
There are only certain circumstances (Grounds or Causes of Actions) that if proven support an action for an annulment. The most common grounds for an annulment are that one of the parties were already married to someone else (and has not ended that marriage), under age, lacks mental capacity to consent to marriage, there were defects in the marriage license and or the solemnization (ceremony), or the marriage was entered into under fraud, duress, or by force. Some of these circumstances make the marriage void, while others make it voidable. It can be difficult to prove these allegations, so it’s a good idea to seek a dissolution of marriage as well as seeking an annulment.
There are differences between filing for an annulment and filing for a divorce. It’s different from a divorce as an annulment requires a specific complaint, just using the divorce complaint won’t work. A third party can initiate an annulment (such as a conservator). There is no 90 day statutory requirement for annulments so as soon as the court can hear the case you can proceed to your final hearing without having to wait the 90 days that you would in a divorce action. The grounds or causes of action (why you are seeking the annulment) have to be proved by the plaintiff, if not then the judge can deny the annulment. In a divorce, there is a easier minimum burden. All you have to prove is that the marriage has broken down and there is no hope of getting it back together. If you did not file a dissolution at the same time, and the annulment is denied, then you would be out of luck and would have to start all over filing a new complaint.
Annulment and divorce actions share some similarities such as a child born into marriage that is annulled is legitimate. Custody, alimony, child support, and property division orders may be ordered just like a dissolution action. There appears to be no bar to the court entering temporary ordersaddressingcustody, alimony, child support, etc.

If you find yourself in a situation where you need to file for an annulment, or you are considering what’s the best course of action to start your divorce then contact Success Mediation . We have experience dealing with annulments and all divorce actions, and can help you make the right decision.

N. Gladstone Brown is the owner of Success Mediation , a law firm specializing in divorce mediation, and family law. Visit our website at gladstonelegal.net or give us a call to find a better way through your divorce or any of your family law needs.

When is the Best Time to Start Divorce Mediation

Wed, 01 Feb 2017 06:26:07 GMT

Ideally you would want to take as much time as you need to complete you divorce. There are so many areas of your life that are impacted, and will be impacted so it is not something you want to be rushed into, or rushed through.

You can start the divorce mediation at any time during your divorce, however if you have already filed for divorce then a clock has started ticking due to deadlines and statistical goals that the courts have when it comes to divorce.

The court understands that divorcing couples need time to work through everything, but that does not mean that they will leave it up to you to set the schedule of how long you can take to complete the divorce process. In Connecticut, the Judicial Branch sets a deadline of one year for divorces, meaning, with some exception, they want the divorce to be concluded in less than a year from the time the papers are filed to the date the divorce becomes final. Partially because they have statistical benchmarks that they want to meet, but they also understand (and I agree) that the longer a case drags on the more contested it gets. The more contested it gets the more contact is needed with the court. This creates a greater drain on the couples financial resources, and time resources, and the court has to use more of its resources to deal with the case as it gets older.

So like I said earlier you could decide that you want to start the divorce process at anytime after your paperwork has been filed, but if you do, you should start sooner rather than later to minimize pressures and restricted freedom imposed by the court’s desire to have the divorce completed within in a certain period of time.

You can avoid this entirely by beginning your divorce mediation before you file for divorce. By doing this you are in complete control of how much time you need to work through your divorce. There is no imposed time limits from the court. Once completed, the courts involvement will be minimized and your exposure to the court will be limited to filing the paperwork and then coming in for your final hearing.

At Success Mediation we understand that your time is important. Our expertise can help you resolve your disputes and come to an agreement on how to dissolve your marriage, on your schedule, at your pace.

N. Gladsone Brown is the owner of Success Mediation , a law firm specializing in divorce mediation, and family law, and one of his favorite snacks is Twinkies. To Lean more click here .

What to Expect At Your Final Uncontested Divorce Hearing

Thu, 26 Jan 2017 06:26:06 GMT

So you are finally here. The moment of truth. Today is the day your divorce becomes final. It’s an emotional time for you. My goal is too alleviate some of those concerns by letting you know what to expect at your final hearing. The scenario I’m going to describe is what happens at an uncontested divorce hearing in Connecticut, where the parties have come to an agreement on all issues. Prior to the hearing you want to make sure that all of your paperwork has been completed, that you have come to an agreement, and that agreement has been put in writing, reviewed and signed by you and your spouse (That’s where a mediator like me comes in). Next you will need to schedule your hearing with the court. Some courts have different schedules, such as designated days when they schedule their uncontested divorce hearings so check with your court in advance.

At the day of your hearing you are expected to have everything completed in advance. If you need something signed, or a form filed out, the court has a Court Service Center, manned by a clerk who can assist you. You want to get to the courtroom as early as possible for your allotted time, and check in with the courtroom clerk to let them know you are there and ready. This is important, especially if they take the cases on a first come first served basis. It's likely that you and your spouse wont be the only people in the courtroom. There may be other couples getting divorced, or other court matters that have to be handled, so don’t be alarmed.

Your case will be called, then you and any attorneys representing you will leave the gallery where the public sits and sit at separate tables. You, and or, your attorneys will announce who your are giving your name and address for the court record. The plaintiff (whoever filed the divorce) will be asked a series of questions by your attorney, or by the judge if you don't have an attorney. The purpose of these questions is to make sure that certain information gets on the record (date of the marriage, children, whether someone wants to go back to their maiden name). You will be asked if the marriage has broken down “irretrievably” which just means that the marriage is over with no hope of you both getting back together. Your attorney or the judge if you are self represented will ask you about the agreement, whether you have read it and whether you believe it is fair and equitable. Then it’s your spouse’s turn to identify himself or herself, get asked some questions, and also be asked about the agreement, and whether its fair and equitable. The judge will make some statements and announce that you are divorced, and that’s it. Not including the time you are waiting to be called, the whole process takes between 10-20 minutes. After the hearing you can request a copy of your divorce decree from the clerk's office for a fee.

At Success Mediation we not only prepare you for the divorce hearing by helping you resolve your disputes, and preparing all documentation needed, but we also help you understand what to expect before, at the final hearing, and prepare you for your life post divorce. Visit our website at gladstonelegal.net or give us a call so we can help you find a better way to get through your divorce or any of your family law needs.

How Do You Get Divorced When You Don't Know Where Your Spouse Is

Mon, 23 Jan 2017 06:26:05 GMT

We’ve all heard the stories whether it's someone we know or something we’ve seen on tv or a movie, where a husband or wife goes out to the store for milk or cigarettes, and never comes back. Now your situation may not be that cliche, but what happens when you are prepared to file for divorce but you don’t know where your spouse is. On the bright side, not having anyone to oppose the divorce means its not contested so its easier on you. The bad side is the court doesn't like when people get law suits (yes, divorce is a type of law suit) filed against them, and judgments against them when they don’t have notice of what’s going on. Due process requires that a party to a lawsuit be notified that they are being sued, so they have an opportunity to defend themselves. So now that we know why its important, lets figure our how to notify a missing spouse.

The normal procedure in Connecticut requires the spouse filing for divorce to give the paperwork to a state marshal so the marshal can “serve” the divorce paperwork on the other spouse, giving them notice of the divorce. But that’s not so easy if you don’t know where your spouse is. The court has made arrangements for this scenario. The filing spouse can make a special request to the court for permission to notify the missing spouse by publishing the notice of the case in a local newspaper in the city where your spouse had the last known address. But before the court will grant you permission it wants to make sure you are not pulling a fast one so you have to make some effort to locate your spouse and tell the court how you tried to locate them. Usually that can be satisfied by contacting relatives or friends, current or previous employers, or using directory assistance (like 411, but today it would more likely be google or some other search engine.) So if you get permission from the court and have service done in this way, that will satisfy the due process requirement of notice and you will be able to proceed with your divorce.

If you need help filing for divorce when your spouse is MIA then let us help. At Success Mediation we are familiar with this scenario and can help you with this situation or any situation arising from your divorce. Visit our website and give us a call so we can see how we can help you.

Divorce Coaching/Divorce Consulting Attorneys (aka Unbundled Legal Services)

Tue, 06 Sep 2016 06:26:04 GMT

I probably have 200 plus cable channels that I pay for, but I only watch a handful. It would be great if I could just pay for the ones I want, instead of paying for the ones I don't want, and that I will probably never use. The cable companies haven’t come around to letting us do that, but there is a shift in legal services that is offering the option to pick the legal services you want, rather than retaining, and paying for an attorney to represent you through an entire case when you only need her for parts of your case. In the area of family law, divorce coaching, also known as divorce consulting, is the solution for the self represented person who wants to handle their divorce on their own, but needs additional assistance in certain areas without retaining an attorney. By turning to the divorce coach they can get as little or as much assistance as they want.

Examples of the areas that a consulting attorney can help you with during your divorce are:

Drafting the papers to start the divorce
Drafting, helping to complete, and ,or, reviewing forms and documents needed during divorce
Answering questions as they arise

An attorney who act as your attorney coach/consultant will after meeting with you specify the areas of assistance, likely outlined in writing, the areas that will and will not be covered by his services.

A divorce is a very personal matter and its understandable that you would want to undertake it on your own. It can also be expensive and complex. By using a divorce coach when and where you need it during your divorce, your can offset those costs, and overcome the complexity of the divorce process while maintaining control of the process by handling most of it your self.

Success Mediation specializes is providing divorce coaching and consulting services to the self represented person. Unbundled legal services are also provided for other family law matters including custody and visitation cases, child support, and modifications and contempt filings of current court orders. Call Now to discuss how we can help you.

What Is Review Counsel, and Do I Need One

Wed, 17 Aug 2016 06:26:03 GMT

Jeremy and Christine have just finished their mediation session with their mediator. A week later they meet with their mediator to go over their Memorandum of Understanding (MOU). This is the document that contains all of their agreements, and the document that will be the basis of the separation agreement that they will present to the court. After going over the document their mediator recommends that they have the MOU reviewed by Review Counsel.

The difference between the MOU and the separation agreement is that even though the separation agreement contains essentially the same information found in the MOU, the separation agreement is a legal document that should be drafted, and reviewed by an attorney.

Review Counsel are attorneys specializing in family and divorce law who performs two important functions for couples in divorce mediation.

Review counsel offers many benefits to mediating couples, and is essential in finalizing the separation agreement.

Review Counsel take the information from the MOU and draft the Separation Agreement, the legal document that will be presented to the court to finalize the divorce.
Review Counsel ensure that the agreement is drafted and presented in a manner that is acceptable to the court , and they also insure that the agreement meets legal standards and customs of the court that will hear the agreement. They also can point out any issues in the agreement that the parties have come up with that may not be acceptable to the court, or circumstances that the parties did not consider.

Many divorce mediators are not licensed attorneys, so they cannot provide the legal expertise that is needed to draft and review a separation agreement.

So you will find that mediators will recommend that the final agreement be reviewed by review counsel to ensure that the document meets standards and protects each parties rights.

To remain impartial mediators rarely refer or recommend a specific attorney to be review counsel, leaving it to the couple to find their own review counsel.

The couple can look for a review attorney together, but its best for each spouse to have their own review counsel. The amount of time and cost to review the agreement will depend on the complexity of the agreement.

The more complex, the more time needed and the greater the cost, but generally review counsel can complete their review within a few days, and at a cost of a few hours at the attorneys hourly rate. Some attorneys even charge a flat fee.

Remember Jeremy and Christine? Well, they didn't take their mediator’s advise and presented an agreement, that was not accepted by the court and needed to be re-drafted. This could have been avoided if they had it reviewed by their own review counsel.

You have worked on reaching these agreements for weeks, spending time and money. Why not spend a little bit more time and a little bit more money for the peace of mind review counsel can offer.

As an attorney specializing in family law, I am familiar with the requirements of separation agreements submitted throughout courts in this state.

Call us now for the peace of mind that your separation agreement will be done right.