Frequently Asked Questions About Divorce Mediation
Mediation allows separating and divorcing couples to take control of planning their own lives in a private setting in which to make good decisions about their future. It is extremely beneficial for parents, who though separating, will be parents to their children forever and will need to continue to make joint decisions.This process often serves as a model to parents for future communications.
“What does the mediator do?”
The family law mediator is a neutral party, specially trained to help couples resolve the issues in their divorce and separation. The mediator facilitates the communication between the parties by making sure each party is given an uninterrupted time to speak, asking a party to restate or explain a point when necessary and asking questions to make communication clear. The mediator will provide information about the legal system, the process, and will generate alternatives for solving issues. The mediator may refer the couple to third party experts, such as appraisers, financial advisers or child specialists when necessary. The mediator will draft the final documents, such as a Marital Dissolution Agreement, Parental Responsibility Plan and financial affidavits which will be submitted to the court for the finalization of the divorce or separation.
“What are grounds for divorce?”
Connecticut is a ‘no-fault’ state which means that spouses do not have to prove ‘grounds’ in order to obtain a divorce. The Court will issue a judgment on the grounds of an irretrievable breakdown. Fault can be considered by the court in the event the parties do not have an agreement.
“What is the procedure for filing?”
If the parties wish to represent themselves, the mediator may act as a scrivner and prepare the Summons and Complaint to be filed by the plaintiff with the Clerk of the Superior Court with the Notice of Automatic Orders (and an affidavit in Compliance with CGS 46b-99 regarding residence of the minor children, if applicable). The plaintiff will sign the documents in the presence of the court clerk and return the executed documents to this office for service on the defendant. (Please note there is no connotation as to fault or other interpretation of who chooses to be the plaintiff or defendant. As this is a civil matter, these designations are the only choices in order to begin the legal process.) As the defendant has agreed to waive service by a Marshall, service will be arranged at the offices of Miriam Gardner-Frum with the defendant signing a document entitled Acceptance and Affidavit of Service. The parties will then file the papers with the Court accompanied by a filing fee of $350.00.
“What is the waiting period?”
The 90 day waiting period begins at the return date which is the official starting date of the case. However, there are 30 preceding the return date which are included from the time the papers are drafted, served on the defendant and returned to the court. Thus, the shortest amount of time from the commencement to the finalization of the divorce or separation is four months.
“What are Automatic Orders?”
These are orders which bind the plaintiff when s/he executes the paperwork and binding on the defendant at the time the papers are served. These orders are intended to maintain the status quo during the 90 day waiting period. For example, the automatic orders restrain the parties from dissipating assets, incurring major debt, changing life, medical, homeowners or car insurances, permanently relocating children or locking a spouse out of the house. These orders can be waived by agreement of the parties or modified by a court.
“What are the court costs?”
Filing fee with the court – $350.00 Parenting Education Program (if you have minor children) $125.00 Certified copy of the judgment $25.00
“How do we work out a custody plan?”
A parental responsibility plan will be developed after discussion with the parties. In Connecticut, there is a presumption that joint legal custody is in the best interests of the child(ren). There are, however, other designations which may be used after consideration of what is in the child(ren)’s best interests. It is up to both parents to determine their access plan with the child(ren), this being preferred to having the court make that decision.
“What is the Parenting Education Program?”
This is a 6 hour program required by statute (CGS Section 46b-69) for all parents who have filed for a dissolution or legal separation and have a child under the age of 18. This class addresses how to handle the issues of a divorce or separation with the child(ren), how to keep the child(ren) from being in the middle and the needs of the parents.
“How is child support determined?”
Child support is calculated by combining the net income of both parents and determining a pro rata share according to the respective incomes. The Guidelines provide discretion to deviate from the guideline amount in certain specified situations, ie. a). other financial resources available to a parent, b). extraordinary expenses for care and maintenance of the child; c.) extraordinary parental expenses; d.) needs of a parent’s other dependents, e). coordination of total family support and f). special circumstances such as shared physical custody, extraordinary disparity in parental income or other factors.
“What is an educational support order?”
If, but for the divorce, the family would most likely have supported the college education for the child, the court has the authority to order the parties to pay for an amount capped at what the University of Connecticut charges for tuition, room and board.
“How is alimony/spousal support determined?”
Alimony is available to either party but neither party is absolutely entitled to receive alimony. The basis for awarding alimony is not to punish a guilty spouse, but to continue a duty to support the other. Alimony may save money by providing careful tax planning. Alimony is awarded based upon all the facts and circumstances of the parties. The factors the court will consider are: the length of the marriage, the causes of the breakdown, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, needs of the parties and property distribution. Conn.Gen.Statutes Section 46b-82.[/toggle
“How do we determine an asset division?”
Connecticut is considered an equitable distribution state and the court is permitted by statue to distribute any asset to either party. Values for all assets are determined either by actual statements of worth, appraisals, or other means to assess the value using objective criteria.