FAQs
Oberst DeFala Law
How long does the Connecticut divorce process take?
Connecticut family rules were updated in 2020 and 2021 to meet current family law needs. Previously, divorces required at least four months (one month for service of process plus a 90-day waiting period), but these requirements can now be easily waived through a series of court forms. The mandatory courthouse appearance, which used to take weeks to schedule even after the waiting period ended, would also require hours of waiting at the courthouse for your turn before the judge. Today, parties can sign an agreement and all necessary forms in one day, e-file with the court, and receive an online judgment approved by the judge in as little as five days. Some courthouses may take longer to approve a divorce agreement, depending on the judge's docket load. Despite these significant improvements to the Connecticut divorce process in recent years, you'll need the best divorce attorney to represent you if you want to navigate 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 fundamental ways: alimony/spousal support, which distributes the parties' earnings after divorce; child support, which continues until the youngest child turns 18 and completes high school; and asset/debt distribution, which aims to leave each spouse in an equitably sustainable position. 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 finalized. The asset/debt distribution starts by identifying all marital assets and debts. Generally, assets and debts acquired during the marriage are considered marital property. It's important to understand that even if one party earned more of an accumulated asset or incurred debt without spousal consent, this doesn't disqualify them from being considered marital assets and debts. If you're concerned about property division in your upcoming divorce, our local divorce lawyers can help you end your divorce in the strongest possible financial position. Call us today to get the representation you need.How can a divorce mediation attorney help?
Family law attorneys are obligated to stay current on Connecticut divorce law statutes and case law. This allows them to ensure that the divorce papers you sign and the process you follow will be accepted by the court. A mediation lawyer is trained to help clients make not only the best legal decisions but also the best personal decisions for their family's unique situation. If you need professional guidance as you work to make the best decisions for your family, our divorce attorneys can assist you. Request a consultation on our website or call us to start developing a plan for your future.How much does the divorce process cost?
Divorce is often driven by an emotional decision. Processing emotions through divorce lawyers can be an expensive and time-consuming battle that can grow exponentially as it continues. Parties who approach their divorce as a business transaction save themselves considerable expense, not only financially but also in terms of emotional toll and psychological damage that a prolonged legal battle can cause. An amicable, mediated, and cooperative divorce can be resolved 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 often require two lawyers and additional professionals (guardians, forensic accountants, attorneys for minor children, etc.) for hundreds of hours. Clients in mediated divorces are encouraged to work directly with qualified mental health professionals to address the emotional aspects of divorce without bringing them into the court process. This can be done together with a mediation lawyer or separately, based on the party's individual needs. Our local divorce lawyers can help you streamline your divorce process so you can begin recovering 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 be technically separated from each other, but they remain legally married. This has advantages and disadvantages: they're still eligible for each other's medical and social security benefits, for example. However, they cannot remarry and live separate lives. Having a separation agreement provides the parties with a framework for behavior whether they're separated or divorced. Working with a divorce lawyer to draft the separation agreement helps ensure it's an agreement that could be approved by a judge. Some couples opt for a legal separation so their agreement is enforceable in court. However, until the parties are declared divorced with their marriage fully dissolved, they aren't single and cannot remarry. According to the U.S. Census Bureau, most first marriages that end in divorce last approximately eight years. This can be after an extended separation period. If you want to transition from being legally separated to being divorced, our local divorce lawyers can assist you. Contact Oberst DeFala Law today to begin 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 a significant difference in the impact your divorce has on your life, your emotional stability, your financial picture, and the emotional effects of your divorce on your children and grandchildren. The importance of selecting the right divorce attorney or family law mediator can't be overstated. Choose an attorney who can envision the big picture of what your life, your assets, and your relationships will look like after the divorce is complete. Obtaining a particular asset or a specific amount of money might not be the most critical aspect of your outcome. Divorce is a transition into a new phase of your life—it isn't the end of your life. You don't need to leave everything on the field. If you're ready to begin working with a local divorce lawyer, call us today. We'll do everything we can to make your divorce as easy as possible for you and your family.How does a holistic approach benefit a high-net-worth divorce?
High-asset divorces involve complicated financial ecosystems, including real estate portfolios, investment accounts, and executive compensation. Our holistic approach provides a comprehensive 360-degree view of your life. Rather than treating the division of significant wealth as an isolated legal battle, we assess the long-term tax and financial implications of every decision. Our objective is to minimize negative impacts on your estate while optimizing your long-term financial and emotional well-being.How can we keep our financial details and asset division private?
Traditional courtroom litigation makes your extensive financial records and asset disclosures public. For high-net-worth couples who value discretion, we strongly recommend divorce mediation. Mediation keeps your negotiations completely confidential, allowing you to resolve complex disputes privately. This cooperative approach keeps total control of the final financial decisions in your hands, instead of leaving your private life and wealth to a judge's determination.What happens to our family-owned or closely held business during the divorce?
Business valuation and division can be the most complex aspect of a high-asset divorce. Because our firm also specializes in business law, we have a distinctive understanding of how corporate assets interact with personal property. We assist you in navigating business appraisals, liability mitigation, and restructuring to ensure that the enterprise you worked hard to build remains protected and operational during the transition.Do I need to update my estate plan and trusts during a high-asset divorce?
Absolutely. A major change in your marital status significantly affects your financial landscape and beneficiary designations. Once your assets are divided, it's essential to immediately update your wills, trusts, and probate planning. Because our firm handles both family law and estate planning, we can seamlessly restructure your essential documents to ensure your newly separated wealth is secured for the people who matter most to you.











