Connecticut Family Law Attorney

Any type of family law matter is emotionally exhausting and legally complex. Whether it involves divorce, child custody, or asset division, understanding your rights throughout the process is extremely beneficial.

Fortunately, Kevin L. Hoffkins, is an attorney dedicated to helping you understand your rights while guiding you throughout challenging family law matters. Attorney Kevin L. Hoffkins has the knowledge, experience, and resources to cater to your needs while keeping you and your family's best interests in mind. Schedule a consultation at the firm's Westport, Connecticut, location to discover your options.

Divorce in Connecticut

Divorce proceedings can be initiated on either a fault or no-fault basis. Understanding the grounds for divorce is essential for filing correctly. Common grounds for divorce in Connecticut include:

• Irretrievable breakdown of the marriage (no-fault)

• Infidelity (fault)

• Abandonment (fault)

• Intolerable cruelty (fault)

Once a divorce is filed, several critical aspects must be addressed:

• Asset division: Connecticut follows the principle of equitable distribution, meaning assets are divided fairly but not necessarily equally.

• Spousal support: The court may award alimony based on factors such as length of the marriage, financial independence, and the standard of living during the marriage.

• Child custody arrangements: Decisions around parenting plans are made based on the best interests of the child.

Eligibility for Filing for Divorce in Connecticut

To file for divorce in Connecticut, at least one spouse must meet specific eligibility criteria. One of the most commonly used criteria is where one party has been a resident of the state for a minimum of 12 months before initiating the divorce proceedings, or has been a resident at least twelve months prior to the issuance of a divorce decree. An alternative basis for a divorce in Connecticut is if the marriage took place in Connecticut and one spouse has become a resident with the intent to permanently remain a resident of Connecticut. Also, a decree of divorce can enter if the cause of the breakdown of the marriage occurred in Connecticut.

The grounds for divorce must be clearly established; whether fault-based or no-fault, the spouse filing for divorce must provide appropriate justification for the dissolution of the marriage. Understanding these requirements is crucial to ensuring a smooth and lawful filing process.

Property Division Laws in Connecticut

In Connecticut, property division during divorce proceedings is governed by the principle of equitable distribution. This means that assets and debts acquired during the marriage will be divided fairly, although not necessarily equally, between the spouses.

The court takes into consideration various factors when determining how to divide property, including the length of the marriage, the income and assets of each spouse, and the contributions of each party to the marriage—both financial and non-financial. Certain assets, such as those acquired before the marriage or through inheritance, may be excluded from division.

It is essential for individuals going through a divorce to understand their rights regarding property division and to seek competent legal representation for assistance.

Connecticut Distribution of Pension/Retirement Funds

In Connecticut, the distribution of pension and retirement funds during divorce is a critical component of asset division. These financial assets can be substantial and often require careful consideration to ensure an equitable outcome. Generally, any pension or retirement benefits accrued during the marriage are subject to division as part of the marital estate. This division may be executed through a Qualified Domestic Relations Order (QDRO), which allows retirement plans to pay benefits directly to an ex-spouse without incurring early withdrawal penalties.

Factors influencing the distribution of these funds may include the length of the marriage, the amount contributed to the retirement accounts and the financial needs of both parties following the divorce. It is essential for individuals to fully disclose all retirement assets and to seek legal advice to navigate the complexities associated with these financial instruments, as mismanagement can lead to unintended tax liabilities or loss of benefits.

Child Custody and Support

In custody disputes, the goal is to determine arrangements that best serve the child's needs. Types of custody include:

• Legal custody: The right to make decisions regarding education, health care, and religion.

• Physical custody: Where the child resides primarily.

Factors influencing custody decisions may include, but are not exclusive to:

• The child's age and emotional needs

• The parent's ability to provide for the child

• Each parent's work schedule

• Any history of domestic violence

Child support in Connecticut is determined according to state guidelines, based on the parents' income and the child's needs. This support covers:

• Basic living expenses

• Health care costs

• Educational expenses

• Day care

Why You Need Legal Representation

Engaging a family law attorney can significantly impact the outcome of your case. An experienced lawyer can provide:

• Knowledge in family law: A comprehensive understanding of legal rights and obligations in family matters.

• Guidance through legal processes: Step-by-step assistance through complex legal proceedings.

• Negotiation and mediation skills: Help in navigating disputes amicably, often reducing emotional stress.

• Advocacy in court: Strong representation during court appearances, ensuring your voice is heard and rights are protected.

Comprehensive Legal Help for You & Your Family's Future

Family law matters require careful consideration and experienced advice. At The Law Office of Kevin L. Hoffkins, the firm's reliable attorney is ready to guide you through the processes of family law in Connecticut. Contact the office today for a consultation, and take the first step towards a resolution that is right for you and your family.