Monday, June 15, 2015

NON-ADVERSARIAL DISSOLUTION OF MARRIAGE

 

For years mediators in Connecticut have advocated non-adversarial dissolution of marriage. I was pleased to learn that the Connecticut General Assembly recently passed Senate Bill 1029 which according to the Office of Legislative Research bill analysis:

“creates a new expedited court process that allows a judge to enter a divorce decree without a hearing for certain nonadversarial divorce actions. Among other things, it:
1. allows parties to file a joint petition to begin the process if, among other things, at least one party is a Connecticut resident, the marriage duration is no more than eight years, the parties have no children or real property, and the total combined net fair market value of all property owned by either party is less than $35,000;
2. requires the joint petition be accompanied by certain documents, including financial affidavits and waiver of any right to a trial, alimony, spousal support, or an appeal;
3. allows a settlement agreement to be incorporated in the divorce decree if the court finds it to be fair and equitable;
The bill also allows parties to a divorce or legal separation action that are on the Superior Court's regular family docket to waive existing law's waiting periods for such actions if the parties have an agreement, make certain attestations, and request such waiver.”
It is a good start and in particular I like the idea of joint petition so there does not have to be a plaintiff and defendant. This should extend to all divorces. I have mixed feelings about waiving the 90 days waiting. Often the couple needs some time for the dust to settle. Making the decision joint may avoid problems.

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