Westport Divorce Lawyers
Skilled Legal Counsel in Fairfield County & Surrounding Areas
Divorce is one of life’s most challenging and emotionally taxing experiences. It can mark the end of years of struggle within a relationship and significantly impact spouses and their children, families, and social networks.
Beyond the emotional and psychological challenges, a divorce involves untangling financial, legal, and logistical ties, which can further complicate the process and cause added stress and uncertainty.
At Ferro, Battey & Eucalitto, LLC, we understand how complex and deeply personal this process can be, and we are here to guide you through divorce proceedings with the utmost care, compassion, and advocacy.
Consult a Westport divorce attorney with your questions and concerns by contacting Ferro, Battey & Eucalitto, LLC online or at (475) 264-4362 today. We also serve Darien, Norwalk, Wilton, and New Canaan.
Key Issues to Be Decided in Connecticut Divorce
Several key issues must be addressed during the divorce to resolve all matters fully. These issues typically include:
- Division of property and assets – Connecticut is an “equitable distribution” state, meaning that marital assets and debts are divided fairly, though not always equally.
- Alimony – We can help you pursue or contest alimony, which can be awarded for an indefinite or definite period.
- Child custody and visitation – Courts prioritize the child’s best interests in determining physical and legal custody and visitation schedules.
- Child support – Courts use established guidelines to determine the amount of support the parent with less parenting time must pay to the parent who provides the child’s primary residence and daily care.
Grounds for Divorce in Connecticut
Connecticut allows for both no-fault and fault-based divorce. In almost all cases, spouses pursue a no-fault divorce, citing that the marriage has 'irretrievably broken down' without assigning blame to either party.
You can also be divorced based on you and your spouse having lived apart continuously for 18 months without an expectation of reconciliation.
Fault-based grounds still exist and include, but are not limited to:
- Adultery
- Willful desertion for at least a year
- Habitual alcohol abuse
- Intolerable cruelty
While fault-based grounds may be relevant in some cases, such as those involving a significant power imbalance or trauma, they often carry additional emotional and legal challenges. Because of the need for court intervention, they typically take longer, cost more, and create extra stress.
When you meet with a divorce attorney at our firm, we can walk you through which grounds may apply in your specific situation and how judges in Fairfield County, including those at the Stamford and Bridgeport courthouses, commonly approach these issues. We can also discuss how the choice between a no-fault or fault-based case may affect the timeline, evidence needed, and overall strategy for moving your matter forward.
Methods for Resolving Divorce
Divorce does not always equate to lengthy court battles. Many couples successfully resolve their divorce through alternative dispute resolution methods like mediation, emphasizing cooperation and constructive communication. Mediation involves working with a neutral mediator to reach agreements.
Such methods often save time, reduce stress, and minimize costs compared to traditional litigation, which may be necessary if contentious disputes arise. When litigation is unavoidable, it is critical to have a skilled attorney to effectively represent you in court.
Common ways a Westport divorce lawyer can help you resolve your case include:
- Exploring mediation options to determine whether you and your spouse can work with a neutral mediator to reach agreements on property, parenting arrangements, and support.
- Using collaborative approaches that involve structured meetings and a team of professionals to help you negotiate respectfully outside of a courtroom setting.
- Negotiating through counsel by exchanging proposals and counterproposals between attorneys to narrow disputed issues and reach a settlement.
- Preparing for litigation in the Connecticut Superior Court when alternative methods are not appropriate or have been exhausted, while remaining open to settlement discussions.
We regularly help clients evaluate whether mediation, collaborative approaches, or negotiation between attorneys is likely to work in their circumstances, or whether their case is better suited for a hearing in the Superior Court in Fairfield County. In doing so, we look at factors such as the level of trust between spouses, the complexity of the marital estate, and any history of coercion or abuse so that you can choose a process that aligns with your goals and protects your interests.
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“I had a fairly complex case which involved adultery. Janet & Olivia were able to dissect the issue in a stepwise, logical manner, delivering ample rewards during the actual trial.”- Former Client
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“I know Ferro Family Law provided me the very best outcome I could hope for. Since then, I have retained them to represent me in some post judgment actions.”- Former Client
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“From the first time I met Janet & Olivia, through the end of my case, I knew I was in great hands. I cannot thank Ferro Family Law enough.”- Former Client
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“Aggressive, compassionate, cost-effective. I regularly refer Janet & Olivia to some of my most sensitive divorce cases. They are results-focused and responsive.”- Attorney Referral
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“This compassionate group of knowledgeable attorneys helped me and my children. I have and will continue to refer this firm to anyone in need of counsel for divorce.”- Former Client
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“Not only did Janet & Olivia quickly help me secure all protections for my daughter, they also ingeniously found a way to impel my spouse to get proper treatment.”- Former Client
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“Janet & Olivia genuinely care about all aspects of the client’s case and pay close attention to the client’s concerns, goals, and finances.”- Former Client
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“I have worked on several matters with Janet and Olivia. They are amazing attorneys. Smart, thorough and practical.”- Former Client
Have Questions?
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Who is entitled to custody of the children in a divorce case?The court may assign custody of a child to either parent, jointly to both parents, or in very rare situations, to a third party, depending on the facts of the case and the best interests of the child.
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How can a divorce lawyer help?Having a divorce lawyer will help to make the divorce process less confusing and overwhelming. A divorce lawyer will be able to advise you on the law and realistic outcomes for settling your case or at trial. In addition, a divorce lawyer will manage the case, including dealing with the other side, and advocating for your positions.
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What is alimony?Alimony is a court-ordered payment from one party to another. There are several factors that come into play when determining if one party should be granted alimony including, but not limited to, the length of the marriage, the amount and sources of income, and the causes for the breakdown of the marriage. Connecticut does not have alimony guidelines, which means that the decision to award alimony, including the duration and the amount, is entirely in the judge’s discretion.
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How are child support obligations determined?In Connecticut, when determining child support, the court is required to consider the Connecticut Child Support and Arrearage Guidelines. The Guidelines set forth a presumptive child support award for each case based upon the parties’ combined net weekly incomes and the number of children the parties have. In addition, the court may consider a number of other factors, including, but not limited to, the estate and needs of the child, vocational skills and employability of each parent, and each parent’s earning capacity. The court may also deviate from the presumptive child support for different reasons, which can include shared physical custody, coordination of total family support, or extraordinary disparity in parental income. To learn more about the calculation of child support in Connecticut, including high-income cases, click here.
