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A contested divorce involves unresolved issues that will likely require formal discovery, Court involvement, and, in some cases, Trial. These matters may involve the division of complex assets, the payment of alimony and/or child support, and child custody and parenting schedules. For high-net-worth individuals, an experienced Connecticut contested divorce lawyer will help ensure precise litigation management from the outset.
A contested divorce in Connecticut begins with service of a Summons, Complaint, Notice of Automatic Orders, and an Appearance form for your spouse or his or her attorney to complete. If you are served with divorce papers or are interested in serving divorce papers you should hire a skilled divorce lawyer from our firm to assist with your case. The Complaint outlines basic jurisdictional background information and the overall relief requested. The responding party, known as the Defendant, may file an Answer and Cross-Complaint, requesting a divorce and other relief as well. From there, the case proceeds to financial disclosure and discovery, which includes financial affidavits, and typically requires document production, and, where appropriate may involve interrogatories, subpoenas, and depositions.
After a Hearing or upon reaching an agreement, the Court may issue temporary Orders addressing interim financial or parenting issues while the divorce is pending.
Temporary Orders may pertain to the payment of expenses or support, parenting schedules, and the use of and access to property while the case is pending. During that same period, the parties may continue settlement discussions or participate in Mediation. If those efforts do not resolve the disputed issues, the case proceeds to Trial, where the Judge hears testimony and evidence, and issues final Orders on all unresolved issues.
Our contested divorce attorneys in Connecticut often evaluate complex compensation structures and assets. Base salary may be only one part of a party’s compensation package. Assets beyond bank, brokerage, and retirement accounts could include business interests, trust interests, deferred compensation, and real estate holdings. In high-income and high-asset matters, discovery may need to address:
Pursuant to C.G.S. § 46b-81, the Superior Court may assign to either spouse all or any part of the estate of the other spouse after considering statutory factors, including:
Alimony is also a component of many high-income divorce cases in Connecticut. Pursuant to C.G.S. § 46b-82, the Court does not apply a fixed formula but considers the statutory criteria, such as the length of the marriage, the causes for the breakdown of the marriage, the age and health of the parties, and their income, earning capacity, education, skills, and needs, as well as the evidence presented.
When custody or parenting remains disputed, the Court applies the best interests of the child(ren) standard pursuant to C.G.S. § 46b-56.
In a contested divorce in Connecticut, parenting matters may involve a Guardian ad Litem, attorney for the minor child, forensic custody evaluator, co-parenting counselor, or parenting coordinator. These professionals may meet with the parties and children, speak with collateral sources, review records, gather other pertinent information, and offer recommendations, but the Judge retains final decision-making authority if the parties cannot reach an agreement on their own.
A contested divorce requires organized discovery, precise financial analysis, strategic negotiation, and Trial preparation that can withstand Court scrutiny. Our family law team at Broder Orland Murray & DeMattie LLC represents clients in complex contested divorces with discretion and disciplined advocacy. Contact us today to discuss your case with a skilled professional and develop a strategy suited to the issues before the Court.