Author: Joseph E. DePaola, Esq.

“QUICKIE” DIVORCE

Effective October 1, 2015, couples may file a joint petition for divorce, which the Statute has labeled as “non-adversarial dissolution”. A non-adversarial divorce is intended to be a quick and simple procedure for eligible couples to divorce within thirty-five (35) days.

The eligibility requirements are:

  1. The marriage has broken down irretrievably;
  2. This marriage is less than eight (8) years;
  3. Neither party is pregnant, and no children were born to or adopted prior to or during the marriage
  4. Neither must have an interest in real estate (land);
  5. The combined fair market value of all property owned by the parties is less than $35,000.00;
  6. Neither must have a defined pension plan;
  7. There is no pending bankruptcy petition(s);
  8. No other divorce action is pending in this or any other state;
  9. No restraining order or protective order is in effect; and
  10. Neither must be a recipient of state or local assistance – or benefits under
  11. Title XIX of the Social Security Act.

I will be accepting qualifying cases on a flat-fee basis.  Please contact me for further details.

Joseph E. DePaola, Esq.
97 Washington Avenue
North Haven, CT 06473
Tel 203-239-5844
Fax 203-234-8042
Email ask@jedepaola.com

REDUCED WAITING PERIOD

A recent amendment to Connecticut’s 90 day waiting period rule for a final divorce has been changed so as to allow a divorce to be finalized before the 90 days if certain conditions are met. The parties must file, on an approved form, the request with the Court.  The judge will review and rule on the request.  Ideally, copies of all other documents necessary for the granting of a final divorce should also be filed along with the request. This new provision may save some divorcing couples time, money, stress and inconvenience.

If you would like to learn more, please contact me.

Joseph E. DePaola, Esq.
97 Washington Avenue
North Haven, CT 06473
Tel 203-239-5844
Fax 203-234-8042
Email ask@jedepaola.com

DIVORCE AND CHILDREN’S VACCINATION

What happens in a divorce situation when one parent wants the child to be vaccinated and the other refuses based on religious beliefs?  A Connecticut Superior Court Judge has answered that question in the case of Archer vs. Cassel.

The non-custodial spouse favored vaccination so as to comply with enrollment requirements at a pre-school program.  The spouse with temporary custody claimed a constitutional right to refuse vaccination for the child based on a claimed religious belief.

The Court ruled that the parent seeking vaccination should have final decision-making authority concerning the child’s health if the parties could not agree on a joint course of action.  The Court based its decision on the relevant statutory criteria of C.G.S. 46b-56. 

For further information, please feel free to contact me.

Joseph E. DePaola, Esq.
97 Washington Avenue
North Haven, CT 06473
Tel 203-239-5844
Fax 203-234-8042
Email ask@jedepaola.com

ALIMONY

Alimony, sometimes called spousal support, is a monetary allowance for the maintenance of one spouse. Temporary alimony may be ordered during the pendency of the divorce while the parties are engaged in litigation, determining their respective rights arising out of the marriage. Permanent alimony may come about in the final divorce in an amount and period of time as may be agreed upon by the parties or as may be ordered by the Court.

All alimony awards itn Connecticut are discretionary with the judge and are based on certain statutory criteria. Alimony awards in Connecticut may be modifiable as to time and amount, and sometimes based on certain events occurring. At the final divorce if alimony is not requested by either party and/or granted by the Court, that party may not return to the Connecticut Court or any other court in the future to obtain alimony regardless of that spouse’s life circumstances.

No two cases are ever the same, and it would be wise to consult and retain an attorney if you believe you may be entitled to alimony. If you would like to learn more information, please contact me.

Joseph E. DePaola, Esq.
97 Washington Avenue
North Haven, CT 06473
Tel 203-239-5844
Fax 203-234-8042
Email ask@jedepaola.com