Fairfield County Divorce Guidebook- Part 1

PROLOGUE

    Something brought you here. It may have been a long time coming or an isolated event, but one way or another, you have arrived at this decision, at your own pace, and on your own terms. A decision to terminate a marriage, to dissolve a personal, romantic partnership, is not one that is taken lightly. Often, the surefire ramifications of the decision, the inevitable ripple effect of the action, can and will dictate the course of action itself.
    Almost half the time, the “decision” is not a decision at all, but a forced mandate. I have been served with papers. A marshal has unceremoniously knocked on my door and handed me… this. I never expected it would be this way. Or perhaps, I long expected that it would be this way.
    What happens next? What are my options? Do I need the assistance of a professional? What can I expect from the process? How long will this take? What about our children? What about the house? What about our debts? How will I survive financially from here on? Lawyers who practice in family law field these sorts of questions on a daily basis. We do not consider ourselves to be smarter, in any fashion, than any of the many people who find themselves in the midst of a divorce proceeding. What we do have, however, is the benefit of experience - your experience, and the shared experiences of our past and current family law clients - coupled with years of training and courtroom exercises in which judges, lawyers, legal guardians, social workers, psychologists, and parents collectively shape the outcomes of the hundreds upon hundreds of divorces finalized each and every year in the State of Connecticut.
    This publication is intended to be a guide, a charting course for what many clients perceive to be the treacherous, dark, riptide currents of divorce litigation here in Fairfield County. It is meant to bring reassurance, direction, assistance, and familiarity to a process which is at times logistically daunting and almost always emotionally taxing. This guidebook will assist you in identifying the legal issues of family law litigation in our jurisdiction, and will lend a hand where practicable for you to understand and navigate those issues.

OPTIONS

Counseling

    By the time many prospective clients contact a law firm regarding a divorce, a surprisingly few number will have sought the assistance of a therapist or marriage counselor. Incidentally, those who have tried marriage counseling have often really tried counseling – usually with several therapists over a significant chunk of the marriage. Nevertheless, we are often surprised by those individuals who never tried counseling in any form, and nonetheless seek divorce as the only available option. For many of these individuals, the act of filing a divorce action (or even simply consulting with a lawyer) is an end to itself, bringing the hope that by “showing him I am serious” or “finally standing up to her” the marriage will somehow improve when a State Marshal shows up on a doorstep with divorce papers.  
    Is there any going back? While we have not produced hard data on our clients’ confidential cases, experience tells us that a significant percentage of divorces between parties who have never engaged in marriage counseling result in a withdrawal of the action, a reconciliation of the parties, and a costly and public start-and-stop routine which often leaves indelible scars of mistrust and memory. Of those, many clients will return, years later, for a second run at litigation – perhaps with a sprinkling of counseling in the interim.
    It is for this reason that we advise our clients to at least explore the option of marital counseling and/or individual therapy, where practical and feasible, to address not just the symptoms of the discord but the source itself. An exploratory journey along this path may save a marriage, may save money, may protect a childhood, or at the very least, may help narrow the issues of conflict to more cleanly and efficiently pursue the dissolution action with a lawyer or mediator.

Mediation/Co-Mediation

    If you are reading this guidebook, chances are you have either heard of mediation, have explored the process, or perhaps have been through a failed mediation effort. Mediation is generally an informal procedure, wherein an attorney, social worker, psychologist, or other trained neutral party works with both parties to identify issues, bridge gaps and forge compromise. The success rate of mediation is directly proportional to the level of commitment of the parties; conversely, a party to an impending divorce who refuses to compromise and has greater interest in making the other spouse "pay a price" for the breakdown of the marriage will likely see minimal results in mediation - of course, depending upon the skills, experience, and resources available to the neutral. 
    A mediator, even when he or she is an attorney, does not represent either side in a divorce action. However, he or she is not a judge either - it is not the mediator's role to "decide" the outcome of the case or determine what is "fair" for divorcing spouses. Rather, the mediator facilitates the legal process, helping the parties craft their own agreement which will take into account both financial nuances and, when children are involved, the peculiarities of a living, breathing parenting plan, so that the end result is the synergy of the parties' respective best interests.
    A failed mediation, however, sometimes results in further entrenched positions and discord. An attorney mediator - despite his familiarity with the parties and the work (and cost) that went into his engagement - may not ethically represent either party after a failed mediation, and may not be called as a witness in any subsequent proceeding. Simply put, the parties must start over if a mediation falls through; there is no "picking up where you left off."     
    Co-mediation is a mechanism whereby divorcing spouses can benefit from not one, but two neutral professionals. While mediation can often be effective, in many instances one party or the other might feel as though he or she has “won” or “lost” the mediation, gaining some perceived empathy from the mediator because of some similarity or identification with that person. In those cases, the parties’ mutual selection of a mediator may have served to alienate one party or another, with feelings that he or she has selected the “wrong” person to resolve the dispute. Co-mediation addresses this potential pitfall by pairing two professionals as independently functioning neutrals to lend greater balance, identification, and equity to the mediation process. Some co-mediation models merge the experience of a family law attorney with the expertise of a licensed, clinical psychologist. From the legal angle, co-mediation can help the parties identify and narrow the issues in dispute, with guidance through the court system and assistance with the preparation of legally enforceable agreements on property division, child support, alimony, custody, and post-secondary educational support, to name a few. From the therapeutic and clinical perspective, the model simultaneously offers the skill set of a clinical psychologist with specialization in stressors within the home, at-risk children and associated custody issues, substance abuse and anger management issues, and a keen acumen towards resolving conflict. When employed properly, given willing participants and an industrious team approach, co-mediation can often be successful at a fraction of the cost of litigation.

Litigation

    Supposed counseling has been ineffective or non-participatory. Mediation has either failed or is not a viable option since one or both parties refuses to attend - or perhaps emotional impediments loom too large. Divorce as an end result is a given; the only remaining route to that goal is litigation.
    Litigation refers to the filing of a lawsuit. Initial pleadings are filed (more on this, below), the filing fee is paid, and the great unknown - the legal process - begins to take shape with its own deadlines, rules, procedures, and local practices. Every litigant in state court - lawyer or not - is presumed (for better or worse) to know the rules of court, which are set forth in a daunting publication known as the Connecticut Practice Book. The friendly-sounding, simple name is misleading. At multiple volumes, hundreds of pages (or countless clicks down the screen, since the Practice Book is also published and updated online), it is a tall order for most litigants in a divorce action to familiarize themselves with civil practice, filing of pleadings and motions, the “discovery” mechanisms available to each party, and the role of the judge in a dissolution action. 
    This publication is intended to demystify the process for the divorce litigant. It is not intended to replace the services of an experienced family law practitioner who can effectively advocate for a divorcing party. There are hundreds of attorneys in Fairfield County alone, a very many of whom claim to practice family law. How does a divorcing spouse decide upon a family law attorney? 

CHOOSING A LAWYER

    During an initial consultation, an accelerated get-to-know-you process, an often troubled, upset or confused client prospect searches for an advocate, a guide, and a legal counselor through the difficult process of divorce litigation. Despite the very different paths that bring those individuals through the front door of a lawyer's office, most prospective divorce clients have common goals in their search for a lawyer.
    Usually with the benefit of some advanced research and an initial meeting, a divorcing spouse will try to select a lawyer with just the right expertise, attitude, experience, skills, and temperament to guide them through troubled times. The comparisons to the non-legal world, however, are scarce. In so very few professions is the personal connection to the client so very vital to the integrity and viability of the relationship. The critical need for a personal connection is multiplied by the emotional response brought on by the prospect of divorce. Divorce clients often - understandably - cannot view the conflict objectively. This is undoubtedly the most critical reason for the involvement of an attorney. 
    From the moment a client walks into a law firm for a consultation regarding divorce, a lawyer’s main priority is twofold: firstly, to offer comfort and a solid basis for trust, and secondly, to determine why this prospective client is either seeking a divorce or is defending an action filed by their spouse. An experienced family practitioner will try to ascertain, from the outset, whether the person is truly seeking a divorce or simply “considering their options,” for example, trying to envision what a divorce would mean for them financially. A dissolution action is a means to no other end than terminating the marriage – a client who does not understand this concept is embarking on a perilous journey. The selection of an attorney for a divorce matter (much like choosing an attorney to defend against criminal charges) is not only the acquisition of an advocate, a fighter, and a trusted advisor, but in many ways, is the selection of a client’s surrogate “best friend” for the next 6-8 months, year, or longer. If the necessary chemistry is present, both the attorney and the client will recognize it within the first several minutes of the consult. Those looking for legal counsel, must ask themselves if the attorney is truly listening to them. Is he or she engaged in the conversation? Does the attorney seem to want to “run the show” under any and all circumstances, or is he attuned to the desires of the client, and willing to offer advice and counsel? Will the attorney be flexible where necessary, and aggressive when needed? Does he or she have the style that the client prefers? Does he or she seem like a person with whom the client could have healthy disagreements, discussion, and accord? If, in that first consultation, the client (or the attorney, for that matter) perceives there is a misconnection or a communication problem, it cannot be, and should not be, ignored.  
    The attorney client relationship in a divorce action is a working, changing, dynamic relationship. Both the attorney and client should expect the relationship to be tested, challenged, invigorating, inspiring, rewarding and difficult – often at the same time. A solid foundation, often formed during that initial consultation, will and should be the basis for sustaining the attorney-client relationship throughout the often emotional fray to come. Beyond finding comfort in an attorney’s legal abilities and experience (while these are very important indeed), a client should feel able and comfortable to speak about his or her mental health, his or her childhood, details of the marriage, and his or her motives – all without concern that the attorney will pass judgment on any level
    Perhaps the most useful information an attorney receives during a consult comes in response to the questions: “If your spouse were sitting here across from me instead of you, what would he or she say about you? What would he or she say about the marriage? About the children? About the finances?” By truly and honestly considering the other spouse’s position – or by merely attempting to – a client can greatly assist his or her lawyer in preparing for the major (and perhaps minor) issues in a case, well ahead of time. Notably, these types of questions often yield very different responses, depending on whether they are posed at the beginning or the end of the consultation. Indeed, the more a client is honest and candid regarding information, history, and his or her spouse during the initial stages of the representation, the more accurate an attorney’s prediction will be concerning the road – and the cost – ahead.
    Family lawyers often hear from a new client that “this should be straightforward.” This is to assume that the marriage itself failed, perhaps counseling and/or mediation failed, the parties can no longer effectively communicate - and yet the (perhaps hopeful) statement is intended to comfort the divorce attorney. Incidentally, rarely does a client represent that a divorce is extremely complicated when the issues are, in fact, quite simple. A client’s effort to simplify a divorce during the initial consultation – usually in an effort to minimize a forthcoming quote for counsel fees – does no one any good. Choose your cliché: this business is not an exact science; nothing is straightforward; there is always a wrinkle. Each statement is almost always true, and a family lawyer would much prefer that a client offers full disclosure of potential problems, and more importantly, fully understands what is (or could be) in store for the litigation ahead. For this reason, family law attorneys often ask clients to prepare a privileged and confidential marital summary for use as work product throughout the litigation – containing as much detail as possible, “even if it doesn’t seem important.” Invariably, the summary yields something useful for negotiation purposes, even if the matter is never fully litigated.
     Some divorces have been brimming for years, and brought only to the surface by the one party who – perhaps due to the proverbial straw placed on the camel’s back – finally walked into a lawyer’s office after years of unhappiness. Other cases begin with the virtual explosion of special issues that require immediate attention. If custody is likely to be disputed, is there an emergent reason for that position? Has the Department of Children and Families been involved, or have any criminal arrests been made? Is this a domestic abuse situation that calls for either criminal involvement or a civil application for relief from abuse (a restraining order)? At this juncture, the client is faced with the reality of whether the litigation will start with a bang or a whisper. Indeed, an immediate civil restraining order and motion for exclusive possession of the marital home (where a spouse is ordered to leave and reside elsewhere) – and perhaps even a criminal arrest – might be warranted under the circumstances. In that case, any attorney or law firm must be accessible and prepared to act quickly and aggressively, and the client must be ready and willing to accept and trust in the advice as the situation rapidly unfolds.
    If a prospective client is attending an initial divorce consultation, it is typically the case that he or she has thought matters out, has discussed it with family members, friends, confidants, and perhaps even other lawyers. What he or she needs now is not simply information (“what are my rights?”), general strategy, or empty promises (no lawyer worth his salt will make any promises in an initial consult). What the individual truly needs is a person to trust, with the knowledge that such person has the skills, legal resources, experience, and capability to litigate the matter through to conclusion in the event that their spouse is unwilling to settle. As we often remind our clients: if you want a mediocre result, you can engage in mediocre settlement dialogue, at any time, and even without a lawyer. Only those lawyers who are prepared to go to trial are equipped to deal with the unreasonable spouse who refuses to give in – such as the husband who stops paying bills and hides his income, or the wife who denies visitation or changes the locks.
    A client looking for a divorce attorney has often been spurned by a spouse, and has in some fashion or another suffered a breakdown in communication within the home. It is our my hope for each of our clients with children that the communication gap repair itself over time, in the best interests of those children. In the interim, however, the goal of a divorce attorney as a counselor and advisor is to rebuild communication and trust for that person within the four walls of our law firm, so that together we can use the law to our advantage, in order to achieve the best possible settlement or result after trial.

DIVORCE BASICS

No Fault?

    The general rule in Connecticut, and other “no-fault” jurisdictions, is that a spouse is not required to prove “grounds” (a reason) to obtain a dissolution of marriage. Where fault does not exist, a court will grant a divorce on the ground that the marriage has simply “broken down irretrievably with no reasonable prospect of reconciliation.” Nevertheless, many divorcing spouses will come into litigation painfully aware of the "cause" for the breakdown of the relationship - which begs the question: if the other spouse was the reason for the divorce, will the judge listen, and will it matter? 
    The answer is yes, to some degree. In fact, fault is part of the statutory framework of divorce in Connecticut, and although a party is not required to allege or prove fault, he or she is permitted to do so. If a party does allege fault, a judge may take the allegations into consideration when deciding how to divide the marital property and/or whether (and how much) alimony should be awarded to one spouse or the other. When the fault alleged by one party is substantial, and when it substantially contributes to the breakdown of the marriage or the loss of marital assets, a court is more likely to award that party a greater share of the assets or more alimony. Nevertheless, in the vast majority of court decisions judges mention fault as alleged by one side or the other, but usually find the parties equally responsible for the breakdown of the marriage. 

Residency Requirements

    For a court to have “jurisdiction” - that is, in order for a judge to have the authority to dissolve a marriage - one party must have been domiciled continuously in the State of Connecticut for a period of twelve months prior to the date that the court issues the judgment. The residency requirement does not require you to have lived for the full year in the judicial district in which you have filed, and in fact, you may file for divorce before meeting the one-year requirement, as long as a full year has elapsed before the final date of your divorce. There are also less frequently-used bases for jurisdiction as well: the cause for the divorce arose after you and your spouse moved to Connecticut (but before you had been in the state for a year); you were Connecticut residents before going on active military duty which took you out of state; or you were previously a resident of Connecticut and moved back to Connecticut with the intent of making Connecticut your permanent residence. All of the above would give the courts in Connecticut the authority to grant your divorce. For further information and advice on this subject (especially if your factual circumstances are complicated), it is strongly suggested you seek the advice of an attorney. 

Venue

    The town in which you live dictates the court in which your action will be filed and heard. Divorce actions in Fairfield County are heard in the courthouse for the Stamford/Norwalk Judicial District (on Hoyt Street in Stamford), the Danbury Judicial District (on White Street in Danbury), and the Fairfield Judicial District (on Main Street in Bridgeport). There are certain municipalities where you may choose your courthouse. Generally speaking, no one court or set of judges is better than the other, and the courts follow similar procedures and rules, with limited exceptions.
    
Filing and Associated Fees

    A divorce litigant, even one who represents himself or herself, should be prepared to pay certain court costs for the privilege of utilizing the court system. The filing fee to start an action is $350.00. A state marshal will be needed to serve the summons and complaint on your spouse in all cases, and rates for service generally range from $50.00 to $100.00, depending on the method of service and the number of attempts. If there are minor children of the marriage, once the action is commenced, both parties will be required to participate in a Parenting Education Class at a cost of $125.00 per person. 

Summons and Complaint

    To initially file an action for divorce, a “pro se” spouse (one proceeding without a lawyer) must obtain three forms from the office of the clerk, or from the judicial branch website (the link is: http://www.jud.ct.gov/webforms/#FAMILY). A summons (Form JD-FM-3) advises your spouse that he or she has been commanded, through official legal process, to appear at the courthouse to answer the complaint for dissolution. The summons will contain the case name, as well as the official “appearance” for you (if you are self-represented) or for your attorney, together with contact information for both parties. The summons also contains the case “Return Date” and “Case Management Date.” The first date is the date (always a Tuesday, usually a few weeks out from the date the summons is signed) by which the defendant must “appear” in the case. To say that a party must “appear” does not mean that he or she must physically go to the courthouse on that date. Rather, the litigant must simply complete an appearance form (Form JD-CL-12), which may be fax-filed, mailed, or hand delivered to the clerk of the court on or prior to the Return Date. The appearance form simply notifies the court that you have received the summons and complaint, and that you wish to be notified of future court dates and developments in the case. The Case Management Date is generally three months after the Return Date, and does require an in-person court appearance unless a case management agreement, along with each party’s financial affidavit, is signed by both parties and submitted to the court in advance of that date. 
    The complaint form (Form FM-159) is the second form that a plaintiff must complete to start the action. This self-explanatory form contains check boxes and data entries for information about the parties, the marriage itself, and any minor children of the marriage. It includes a section concerning the relief requested in the dissolution action (with convenient check boxes). Generally speaking, divorce litigants ask the court to dissolve the marriage, to divide the property fairly, to award alimony and/or child support as appropriate, to enter orders regarding the payment of college expenses when necessary, and to restore the wife’s maiden name (if desired). A litigant may also request orders related to the legal and physical custody of minor children of the marriage. These are two separate but related concepts as discussed in more detail below.

Service of Process

    The person initiating the divorce action must give the summons, the complaint, and a notice of automatic orders (Form JD-FM-158) (after being signed by an attorney or the clerk of the court) to a state marshal (these can be found on a list on the judicial website or provided by the clerk of the court), for “service” (delivery in accordance with law) upon the other spouse. Generally, a marshal will try to deliver the papers to your spouse in person (you may be asked for an ideal time of day, the make/model of his or her car, or a work address and time of arrival). There are provisions in the law which allow for service at someone’s usual place of residence if they cannot be served in person, or even by publication in a newspaper if their whereabouts are unknown. As serving an out-of-state spouse may require a different procedure entirely, we recommend you engage the services of an attorney in the event you anticipate difficulties with service of process. Once service is complete (at least twelve full days prior to the return date selected on the summons), the marshal will deliver a “return of service” to the plaintiff, who must file it (at least six days before the return date) with the clerk of the court, together with the filing fee. These deadlines must be strictly followed for the court to have jurisdiction- that is, the ability to hear and decide your case. 
    Automatic Orders The "Automatic Orders" referenced above are restraining orders which go into effect at the outset of every divorce action in Connecticut and are binding on the plaintiff (the person who files for the divorce) at the time the papers are issued by the clerk and binding on the defendant spouse at the time the papers are served upon him or her. The purpose of the automatic orders is to provide a measure of security to both parties by maintaining the status quo with respect to the financial matters and custody related issues. These orders serve to prevent the parties from emptying bank accounts, running up debts, or otherwise taking advantage of the other spouse while the divorce is pending. Since the orders are entered automatically (and since the defendant is notified of them as soon as he or she is served with the initial papers), theoretically, neither party is required to file motions in court to prevent the other spouse from engaging in the prohibited conduct. Further, the orders provide that both parties must exchange “mandatory discovery,” which consists of financial records used in determining asset division, alimony, and child support. The basic prohibitions set forth by the automatic orders prevent divorcing spouses from doing the following:
(1) withdrawing large sums of moneys,
(2) incurring major, atypical expenses,
(3) selling or mortgaging property,
(4) changing life insurance beneficiaries,
(5) relocating children, or
(6) locking a spouse out of the marital residence. 
    The parties, by their own specific agreement, may waive any of the orders (it is strongly suggested that they do so in writing so as to avoid future misunderstandings), and a court may have reason and discretion to modify the orders based on the current circumstances of the parties.

Case Management Program

    Unless circumstances exist that require the court to become immediately involved in a newly-filed dissolution action (such as emergent custody issues, violations of the automatic orders, or a necessity for temporary alimony or child support), the first time parties will be required to “report in” to the court is on the Case Management Date. This date is approximately ninety days after the Return Date.
    On or before the Case Management Date, the parties must submit a fully signed Case Management Agreement. This form contains an agreed upon schedule, which the parties will follow throughout the remainder of the litigation, and informs the court as to whether the case is contested. If the parties are unable to agree upon a schedule, or otherwise fail to file the form before the Case Management Date, they will be required to appear in court that day.
    Whether through the submission of a Case Management Agreement or in-person conference before the court, every dissolution action will be marked as “fully contested,” “limited contested,” or “uncontested.” Uncontested dissolution actions are only those in which the parties have reached a complete agreement on every facet of the dissolution (i.e., financial support, custody and the division of assets). While the vast majority of dissolutions ultimately become “uncontested,” most of those are not fully decided within this first ninety day period.
    “Limited contested” cases are ones in which parties have reached an agreement as to custody and visitation, but have not reached an agreement on all financial issues. “Fully contested” markings are reserved for those instances where the parties, even after the initial 90 day period, have not reached an agreement on custody or financial matters. Even absent such an agreement, the court will require a temporary parenting plan to be filed (and to become an order of the court) so that there is some measure of certainty over the whereabouts and arrangements for any minor children of the marriage until such time as the dissolution becomes final or subsequent orders are sought by either party.
     In all instances, parties can expect that judges are most concerned with the custody aspects of dissolution actions (and less concerned, by comparison, with financial matters between the parties). It is for this reason that the court will be quite firm regarding the submission of temporary parenting plans and the appointment of a Guardian ad Litem (where necessary), while at the same time allowing both parties ample time to conduct discovery and negotiate terms related to financial matters.
    Unless the case is marked as “uncontested” (in which case the court will assign a date for you to return to court with your spouse to have your separation agreement approved by the judge), the court will set deadlines for exchanging relevant documents, including financial affidavits, identifying expert witnesses, and taking depositions. Last but not least, the court will assign a date for a Special Masters or Judicial Pretrial.
    Generally, a pretrial is an non-binding, informal proceeding conducted in a courthouse (but typically not in open court) during which both sides will present their case to a neutral third party (or parties) who, after listening to both sides, will recommend a global resolution. A special masters pretrial is conducted before “Special Masters,” or a pair of volunteer, experienced family lawyers while a judicial pretrial is conducted before a judge. Both types of pretrials are non-binding, and if a judge participates in the informal process he or she will be precluded from hearing the case if it ultimately goes to trial. Many cases resolve at or just after a pretrial, which is the goal of the judiciary (of course, if every divorce action were to proceed to trial, our court system would be hopelessly log jammed).

The Financial Affidavit

    At the cornerstone of a party’s responsibilities in a dissolution action is the financial affidavit, a document that complies with a court-approved format, and indicates to a judge the affiant’s weekly or monthly income (setting forth all applicable deductions), living expenses, assets of any kind, and debts. With this document (a twopage form is available on the State of Connecticut Judicial Branch webpage), a judge can reduce each party’s current financial situation to a glance, which enables the court to determine an issue immediately before it or to approve (or disapprove) a proposed agreement.
    Parties must exchange and file with the court their financial affidavit on or before the Case Management Date, unless judicial approval is sought and obtained in the form of an executed Case Management Agreement. Work on your financial affidavit carefully; the state-approved form on the website is sufficient for all but the most complicated of financial circumstances, and you may certainly reference any attached schedule if you require additional space for either an asset or an enumeration of expenses.
    In preparing financial affidavits, many clients will ask if the expenses should be projected or actual - knowing that the parties’ circumstances will change as one spouse moves out of the marital residence, or if custody circumstances are likely to change. Remember, the financial affidavit is a snapshot of a point in time; you will have other opportunities to update your financial information with the court (at the very least, at the time of your final judgment), so the first financial affidavit should best represent your current living circumstances, expenses, income, debts, and assets.
    Income that fluctuates should be annualized and averaged into weekly amounts (provide an explanation for your calculations on an attached schedule, or at the very least, be prepared to answer questions regarding your calculations when asked by the other side or by the court). Expenses which spike in certain months or seasons should also be annualized, and averaged on a weekly basis so as to accurately predict budgeting and available resources. The best advice for the preparation of a financial affidavit at any stage is to be consistent. There is no incorrect way to complete a financial affidavit, so long as the information provided on the document is truthful, complete, consistent, and self-explanatory.
    
Mandatory Discovery

    At the outset of divorce litigation, either party may request “mandatory disclosure,” specific documents that enable both sides and/or their lawyers to fully understand the parties’ finances before discussing a potential resolution of the case. Section 25-32 of the Connecticut Practice Book defines the parties’ obligations regarding mandatory disclosure as follows:
    “Unless otherwise ordered by the judicial authority for good cause shown, upon request by a party involved in an     action for dissolution of marriage or civil union, legal separation, annulment or support, or a post judgment motion for     modification of alimony or support, opposing parties shall exchange the following documents within thirty days of     such request: 
(1) all federal and state income tax returns filed within the last three years, including personal returns and returns filed on behalf of any partnership or closely-held corporation of which a party is a partner or shareholder;  
(2) IRS forms W-2, 1099 and K-1 within the last three years including those for the past year if the income tax returns for that year have not been prepared;
(3) copies of all pay stubs or other evidence of income for the current year and the last pay stub from the past year;
(4) statements for all accounts maintained with any financial institution, including banks, brokers and financial managers, for the past 24 months;
(5) the most recent statement showing any interest in any Keogh, IRA, profit sharing plan, deferred compensation plan, pension plan, or retirement account;
(6) the most recent statement regarding any insurance on the life of any party;
(7) a summary furnished by the employer of the party's medical insurance policy, coverage, cost of coverage, spousal benefits, and COBRA costs following dissolution;
(8) any written appraisal concerning any asset owned by either party."
    Upon close inspection, this list of documentation appears daunting, especially for a party who might not have had any involvement in the family finances. However, attorneys should remind clients that these obligations extend to both parties and truly do enable the attorneys to gather a better understanding of the financial mechanics of the marriage and the assets subject to division, especially by focusing on the past two years of statements.
    While some litigants or law firms begin the divorce action by requesting immediate mandatory disclosure (thereby dictating compliance within thirty days of the return date), others may attempt to conduct informal discovery in an attempt to resolve matters during the ninety day waiting period without unnecessary expense. Our recommendation for all litigants in dissolution actions is to make diligent efforts to gather and exchange this material at the earliest possible time - and to share it with your counsel - as there is no better way to quickly ascertain the family’s full financial picture.

Parenting Education Program

    Whenever a minor child is involved in a dissolution of marriage proceeding, both parents must attend parenting education classes. These classes are designed specifically to educate parents about how their separation may affect their children. By statute the courses must include information regarding the developmental stages of children, adjustment of children to parental separation, dispute resolution and conflict management, guidelines for visitation, stress reduction in children and cooperative parenting.1 There is a mandatory $125.00 participation fee; however, where a party is indigent, it may be waived by the court. Parenting education classes are generally six hours in total duration, and are typically offered as two three hour classes or three two hour classes. A parent should sign-up with the provider directly, and bring to the first class the Parenting Education Program Order, Certificate and Results form (JD-FM-149) which can be found under “Forms” on the State of Connecticut Judicial Website. Classes are available at several locations in Fairfield County, including Bridgeport, Norwalk, Stamford and Greenwich, and a parent may find contact information for the various providers on the Connecticut Judicial Website. It is important to note that in the event a parent does not complete the program in a timely manner, the court may decline to enter orders in the case, and may even decline to accept a separation agreement until both parents have done so.

Motion Practice

    Once your case has begun, there may come a time -- either before or after the Case Management Conference -- when a dispute rises to the level that it requires the intervention of a judge. A large percentage of divorce litigants in Connecticut stay out of court entirely, at least until the final, uncontested hearing when the judge approves a final separation agreement and enters a judgment. Others, however, are faced with more immediate, short term problems which may be difficult to resolve either with or without attorneys. Determining who will have temporary possession of the marital home, how the children will be cared for while the case is pending, or how household bills will be paid until judgment are some examples of what are referred to as “pendente lite" issues which may be resolved by motion practice. 
    The family “short calendar” call is done on one day of each week (Mondays in Stamford and Danbury Judicial Districts, and Thursdays in Bridgeport, for example). At this time, all of the family case motions that were filed within the previous week will be listed, giving the parties to the motion an opportunity to be heard on that date.2 A motion filed in the Fairfield Judicial District at Bridgeport, for example, will appear on a short calendar list on a future Thursday, and the parties to the dissolution action may consult the judicial website short calendar lists to confirm the precise date the motion is “written on.” Armed with that information, if the party who filed the motion is ready to proceed, he or she must do two things. First, the motion must be “marked ready” by following the procedure and timeframe designated by the Court in that district (in Bridgeport, this must be done by 4 pm on the Tuesday before the Thursday short calendar; in Stamford, however, this must be done by the Thursday a full eleven days before the hearing). Second, the party marking the motion ready must notify the other side by “serving” written notification of the ready marking by fax, email, or regular mail. The moving party should bring proof of this notification to court on the short calendar date. 
    If a party is not “ready,” is unavailable on the short calendar date, or otherwise decides to delay the motion being heard by the Court, one can file a “reclaim” form with the clerk (also by fax, and also available on the judicial forms website). The filing of that reclaim will cause the motion to reappear on the next available short calendar date, triggering new deadlines for marking the motion ready. In all cases, if a motion addresses financial issues, the court rules require that the parties file and exchange updated financial affidavits at least five (5) days before the hearing.
    At the actual short calendar call, the parties should be present before 9:30 am. In some judicial districts (Stamford and Danbury) but not all (Bridgeport), the judge will actually “call” the calendar in order. Parties or attorneys are expected to announce their presence, their intention to proceed, and give the Court an estimation of how much time the motion will take if an amicable resolution cannot be reached. With all motions, other than very limited cases in which legal argument is all that is required, the parties will be directed to visit the Family Relations Office, where a court official will attempt to mediate and resolve the subject matter of the motion(s) to be heard that day. Unrepresented parties meet personally with the family relations counselors; otherwise, only attorneys attend and discuss the matter behind closed doors in the Family Relations Office. If an agreement can be forged, sometimes the family relations counselor himself or herself will draft the document and the parties will sign it on the spot, subject to approval by the Court. Family relations counselors are trained to opine on matters regarding parenting disputes, and often will assist in running child support calculations where applicable. If the matter is excessively complex, would require substantially more time than the constraints of short calendar would allow, or if an agreement cannot be reached, the family relations counselor will provide the parties with a form confirming their attendance for the Court. This form will be taken back to the assigned judge, who will then determine when a hearing will be conducted.
    This is where parties should be forewarned: many, many motions in family cases are filed each and every week. Hundreds of litigants across the state appear eagerly before family division judges at short calendar, ready to proceed with their motions. There are simply not enough judges, and not enough courtrooms, to handle every motion that cannot be resolved by the Family Relations Office, most certainly not in the few hours that are available on any given short calendar date. Parties may be frustrated by a process which involves considerable waiting, and sometimes exasperating rescheduling.  While courts will make best efforts to hear emergent matters first (restraining orders regarding abuse, for example), the parties are often best served by attempting in good faith to resolve their temporary dispute (the subject of the motion) by way of a written agreement. Having an attorney can indeed help speed up the process for any litigant unfamiliar with the family court docket, but in Fairfield County, there is often no replacement for creative, effective negotiation and compromise in resolving temporary issues to the mutual benefit of the parties. 

Footnotes
1 C.G.S. § 46b-69b.
2 An exception to this timing is in the Stamford/Norwalk Judicial District, which currently utilizes a program wherein the motions are written on the calendar a full two (2) weeks before the short calendar date. Other judicial districts provide litigants with approximately one (1) week’s notice. We suggest that you consult with your attorney or with the clerk’s office regarding motion practice in your judicial district.