Matrimonial and Family Law
A divorce can be relatively smooth when a couple agrees about most aspects of the process. In other cases, however, there may be heated disagreements about property distribution, child custody, child support, and other matters. It is usually helpful for each spouse to hire an experienced Connecticut divorce lawyer to represent them. Our divorce attorney, Lisa Mainolfi, practices in this area. She is hardworking, patient, and compassionate in her representation of clients from all walks of life. Owens, Schine & Nicola represents people seeking a divorce in Trumbull, Fairfield, Norwalk, Milford, and other Connecticut communities. We can help you reach a favorable settlement or handle any litigation that proves necessary.Grounds for Divorce
Connecticut is a no-fault divorce state. This means that you will only need to claim that your marriage is irretrievably broken in order to obtain a divorce. However, courts can consider whether one spouse's conduct was more significant in undermining the marriage for the purpose of making decisions related to the divorce.
A divorce is a more permanent solution to problems in a marriage than a legal separation is. Spouses are not free to remarry unless they get a divorce. However, if a couple gets a legal separation, the court still will issue orders about such matters as property and parenting, just as it would in a divorce.Property Division
One critical issue in most divorces is how property should be divided. Connecticut is an “equitable distribution” state, which means that property will not necessarily be split evenly. Instead, the court is required to divide property according to principles of fairness, after considering a range of factors. Our divorce attorneys can help Connecticut residents understand how these factors may apply in their situation. They include issues such as how long the marriage lasted, whether each spouse has earning potential after the divorce, whether there are children who are part of the marriage, and whether one spouse stayed home to raise the children.
In Connecticut, the courts have substantial power to award marital property to either spouse, irrespective of when it was acquired, who has title, or even whether it was given as a gift or inheritance. This is different from other equitable distribution states, which take into account who has title to the property. There is also no difference in how property is treated if it was owned prior to the marriage or purchased during the marriage.Issues Involving Children
As in many other states, child custody is determined based on a child's best interests. However, many parents try to reach their own agreement about custody and visitation, rather than letting the court decide. Our Connecticut divorce attorneys can help you negotiate an appropriate agreement. Factors considered when determining a child's best interests include the child's needs, each parent’s individual capacity for understanding and meeting the needs of the child, each parent’s individual capacity to actively engage in the child's life, each parent’s individual willingness to urge the child to have a relationship with the other parent, the stability of each home, what each parent wants, the child's relationship with each of the parents, and what the child wants if the child is at least a certain age.Seek Skillful Representation in a Family Law Matter
The decisions that a court makes during a divorce can change the lives of family members permanently. It is important to consult an experienced attorney to ensure that a court understands the reasons why you feel the way that you do about critical matters like child custody, the division of property, and child or spousal support. In addition to representing clients in negotiations and at trial, our firm also serves as divorce mediators and provides clients who are trying to limit the adversarial aspect of a divorce with collaborative divorce representation. Lisa Mainolfi is a hardworking divorce lawyer who represents Connecticut residents from our offices in Trumbull, Fairfield, Norwalk, and Milford. Call Owens, Schine & Nicola at (203) 375-0600 or contact us via our online form for a free consultation. We also assist clients with estate planning, real estate, personal injury, and business matters.