Westport Legal Separation & Dissolution Lawyers
Deciding whether to pursue a legal separation can be a complex and deeply personal choice. It can be the best option when couples wish to live apart but are not ready to divorce.
Legal separation can provide clarity and structure during periods of uncertainty. It offers legally binding agreements on marital property, financial, and child-related matters while preserving the marital bond.
This approach may be optimal for those who wish to explore reconciliation, have religious or financial reasons to remain married, or need time to assess their long-term goals.
At Ferro, Battey & Eucalitto, LLC, we understand the complexities and emotions surrounding these matters. Whether you want to pursue legal separation or a divorce, it is crucial to have accurate information and knowledgeable legal guidance to protect your interests and future.
Consult a Westport legal separation and dissolution attorney at Ferro, Battey & Eucalitto, LLC about your case. Call (475) 264-4362 or contact us online. We serve clients throughout Fairfield County, including Darien, Norwalk, Wilton, and New Canaan.
Legal Separation in Connecticut
The process of obtaining a Connecticut legal separation is almost identical to a dissolution of marriage (divorce). The same paperwork must be prepared, served, and filed with the court, and the timeframe for the case is the same.
During this process, the court addresses critical issues such as:
However, the key difference lies in the outcome—if you are legally separated, you and your spouse are not free to remarry.
Legal separation is often chosen for specific reasons, including religious considerations, medical insurance needs, or Social Security purposes. While legally separated spouses are treated similarly to divorced individuals for tax purposes, this option allows couples to remain legally married.
A legal separation can also be converted into a dissolution of marriage during the case or at any time afterward, provided marital relations have not resumed. In these cases, the court may reassess the financial arrangements to ensure fairness based on the current circumstances.
Informal Separation
Some couples may separate informally without proceeding with a legal separation or divorce. While no laws require married couples to live together, such decisions should be cautiously approached.
Whoever maintains possession of the family home and the children during this period can substantially influence future proceedings. Additionally, financial arrangements between separated spouses, such as support payments, may impact on the resolution of a later divorce.
If either you or your spouse is considering leaving the family home or has already done so, it is crucial to seek the counsel of an experienced divorce attorney as soon as possible. This proactive step can protect your rights and help lay the groundwork for a fair resolution.
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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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What are the grounds for a “fault” divorce?
The fault grounds for divorce include adultery, fraudulent contract, desertion, alcohol or drug addiction, intolerable cruelty, imprisonment, and others. To get divorced, one party must establish one of these grounds. It is uncommon for one party to ask for a divorce on a fault-based ground.
A party does not need to file for divorce on a fault-based ground, however, to argue that the court should consider the other party’s fault. The court may consider the fault of either party when making alimony and property division orders.
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What is joint custody?
There are two types of joint custody: joint legal custody and joint physical custody. Legal custody concerns the parents’ ability to make major decisions for their children. Major decisions include health, education, and religious decisions. If parents have joint legal custody, the parents are required to agree on all major decisions for their children.
Physical custody addresses when the children are with each parent. If the parents have joint physical custody, each parent spends time with the children. In some cases, parents may have shared physical custody, which means the children spend approximately half the time with each parent.
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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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What is the difference between a divorce and a legal separation?Both a legal separation and divorce will change the status of your relationship. However, a divorce will end your marriage, and a legal separation will not. Both terms are similar but the outcome in each is different. In both, the court will divide the parties’ property and enter alimony and child support orders. Unlike divorce if spouses are legally separated, they are not free to remarry. Spouses may elect a legal separation over divorce for religious reasons or to keep certain financial benefits. A legal separation can always be converted into a divorce. Converting a legal separation into a divorce effectively requires the parties to repeat the process they went through to get legally separated. For that reason, legal separation is rare; divorce is far more common.
