GLASTONBURY, CONNECTICUT · FAMILY LAW + FAMILY-VIOLENCE DEFENSE
FAQ

Frequently Asked Questions

Short answers to the questions people actually ask. Each links to a fuller explanation.

FAQ

Divorce

No. Connecticut divides property equitably rather than equally, weighing the statutory factors in C.G.S. §46b-81.

Full answer on the Divorce page →

No. If one spouse states the marriage has broken down irretrievably, the court can dissolve it.

Full answer on the Divorce page →

Not automatically. Connecticut permits the court to assign any property either spouse owns, including inherited and premarital assets.

Full answer on the Divorce page →

Connecticut removed its general 90-day waiting period effective October 1, 2023. The court may now proceed shortly after the return date.

Full answer on the Divorce page →

It can. “The causes for the dissolution” is a statutory factor in both property division and alimony, so conduct can influence the financial outcome even though Connecticut is a no-fault state.

Full answer on the Divorce page →

In most divorces, yes, though often briefly and sometimes only once if everything is agreed. The nonadversarial track can resolve without a court appearance for couples who qualify.

Full answer on the Divorce page →

FAQ

Custody & Visitation

There is no such age in Connecticut. A child’s informed preference is one factor a judge may consider, weighted by maturity, but the child does not decide.

Full answer on the Custody & Visitation page →

Not without agreement or a court order. After judgment, the relocating parent must prove the move is for a legitimate purpose, that the location is reasonable, and that it serves the child’s best interests.

Full answer on the Custody & Visitation page →

Only on a demanding showing: a parent-like relationship with the child, and that denying visitation would cause real and significant harm. A best-interests showing alone is not enough.

Full answer on the Custody & Visitation page →

By filing under C.G.S. §46b-61, often alongside establishing parentage through an acknowledgment or a court adjudication.

Full answer on the Custody & Visitation page →

FAQ

Child Support

Connecticut uses an income shares model: both parents’ net weekly incomes are combined, a basic support obligation is read from the guidelines schedule, and that obligation is divided between the parents in proportion to income.

Full answer on the Child Support page →

No. Shared physical custody is a criterion a court may use to deviate from the guideline amount, not an automatic elimination.

Full answer on the Child Support page →

Wages, salary, commissions, bonuses, overtime, self-employment income, rental income, and many benefits, less specified allowable deductions. Self-employment income is calculated after ordinary and necessary business expenses.

Full answer on the Child Support page →

Connecticut courts can order parents to contribute toward higher education, but the divorce judgment must either enter the order or expressly reserve the right to seek one later. Costs are capped at what UConn charges a full-time in-state student, and orders end at age 23.

Full answer on the Child Support page →

Generally at 18, or at 19 if the child is still a full-time high school student living with a parent. Support may continue longer for a child with a serious disability in defined circumstances.

Full answer on the Child Support page →

Yes, on a substantial change in circumstances or where the existing order deviates from the guidelines by 15% or more. Support does not adjust automatically — it changes only when the court changes it, so filing promptly matters.

Full answer on the Child Support page →

FAQ

Modification

For alimony and child support, a meaningful change since the last order — typically an involuntary income change, a change in a child’s needs, or a relocation. Custody uses a material change affecting the child.

Full answer on the Modification page →

No. The order stays in force and arrears accrue until the court modifies it.

Full answer on the Modification page →

Only if the judgment did not make it non-modifiable, and then on a showing of a substantial change in circumstances. The judgment language is the starting point.

Full answer on the Modification page →

Not automatically. The court must find that the recipient is living with another person and that the arrangement has changed their financial needs.

Full answer on the Modification page →

No. Property division in a Connecticut judgment is final and not modifiable, though it can be enforced if a party fails to comply.

Full answer on the Modification page →

Yes. An informal agreement does not change the order.

Full answer on the Modification page →

FAQ

Enforcement & Contempt

File a motion for contempt. Remedies include an arrearage finding, income withholding, a payment schedule, attorney’s fees, and in serious cases incarceration until compliance.

Full answer on the Enforcement & Contempt page →

Contempt requires a wilful violation, and inability to comply without fault is a defense. It must be raised and supported with evidence rather than assumed.

Full answer on the Enforcement & Contempt page →

It is possible but uncommon. Civil contempt confinement is meant to compel compliance and carries purge conditions, and it is generally reserved for wilful non-compliance by someone able to comply.

Full answer on the Enforcement & Contempt page →

Parenting time is enforceable by the same contempt process as financial orders. Courts can order compensatory time, clarify the order, award fees, and treat persistent interference as relevant to custody.

Full answer on the Enforcement & Contempt page →

Take the deadlines seriously, gather evidence of your ability or inability to comply, and — if your circumstances have changed — file a motion to modify, since defending the contempt does not change the order going forward.

Full answer on the Enforcement & Contempt page →

Yes. Property division cannot be modified but can be enforced, including where a QDRO was never entered or a refinance never happened.

Full answer on the Enforcement & Contempt page →

FAQ

Marital Agreements

Yes, under the Connecticut Premarital Agreement Act, if entered voluntarily with fair and reasonable financial disclosure and a real opportunity for independent counsel, and if not unconscionable.

Full answer on the Marital Agreements page →

It can be challenged on limited grounds: involuntariness, unconscionability when signed or when enforcement is sought, inadequate financial disclosure, or no reasonable opportunity to consult counsel.

Full answer on the Marital Agreements page →

Yes. Connecticut recognizes postnuptial agreements, but they are judged under a stricter standard than prenuptial agreements — fair and equitable when signed, and not unconscionable at dissolution.

Full answer on the Marital Agreements page →

No. Those matters are decided by the court based on the child’s best interests and the support guidelines, whatever an agreement says.

Full answer on the Marital Agreements page →

It is the most reliable way to. Without one, Connecticut permits the court to assign any property either spouse owns, including inherited assets.

Full answer on the Marital Agreements page →

No common-law marriage can be formed in Connecticut, regardless of how long a couple lives together. Connecticut will generally recognize one validly formed under the law of a state that allows it, but proving it requires establishing every element of that state’s law.

Full answer on the Marital Agreements page →

FAQ

Domestic & Family Violence

You are arraigned on the next court day. Before that, the Family Violence Intervention Unit interviews both parties and reports to the judge.

Full answer on the Domestic & Family Violence page →

No. Once police make an arrest, the case belongs to the State.

Full answer on the Domestic & Family Violence page →

A criminal protective order is entered by the criminal court while a case is pending, as a condition of release. A restraining order is a civil family matter that a person applies for separately, whether or not any criminal case exists.

Full answer on the Domestic & Family Violence page →

A pretrial diversionary program. Admission is discretionary and requires the defendant’s motion, eligibility is limited, and it runs up to two years.

Full answer on the Domestic & Family Violence page →

A person subject to a protective or restraining order must transfer or surrender firearms and ammunition within 24 hours of notice. A conviction for a misdemeanor designated a family violence crime can also make possession a felony.

Full answer on the Domestic & Family Violence page →

Not if a residential protective order says otherwise, even if the home is yours. Violating that order is a separate crime.

Full answer on the Domestic & Family Violence page →

No. The criminal practice is limited to charges arising from a domestic or family violence incident.

Full answer on the Domestic & Family Violence page →

FAQ

Restraining Orders

No. Connecticut’s definition includes coercive control — a pattern of conduct that unreasonably interferes with a person’s free will and personal liberty — alongside continuous threat of physical pain or injury, stalking, and a pattern of threatening.

Full answer on the Restraining Orders page →

The court can issue an ex parte order the same day where the application alleges immediate and present physical danger. A hearing follows within 14 days, or within seven days of an ex parte order where the application indicates the respondent has firearms or permits.

Full answer on the Restraining Orders page →

No longer than one year, though it can be extended on application.

Full answer on the Restraining Orders page →

It is a separate crime under C.G.S. §53a-223b — a class D felony, or class C where the violation involves restraint or threatening, harassing, or assaulting the protected person.

Full answer on the Restraining Orders page →

In different matters, yes, subject to conflict screening. Never on both sides of the same dispute.

Full answer on the Restraining Orders page →

TALK TO THE FIRM

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Every case starts with a conversation about what you’re facing and what it would take to handle it.

2837-A Main Street, Glastonbury, CT 06033