Full question:
My husband left 2 weeks ago after a slap on the face, but I do not receive help with utility bills and I may need to move in with family. Would I be able to get a legal separation with alimony? Also, my car is under his name can I lose it? Do I need a lawyer for a separation?
- Category: Divorce
- Date:
- State: Connecticut
Answer:
It is not necessary to have a lawyer to file for separation. Connecticut is a so-called "equitable distribution" state. This means that the division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal. Each case will be decided on its facts, and the trial court's discretion will not be disturbed on appeal without a showing of clear abuse. The court will consider the following factors:
1. The length of the marriage;
2. The cause of the dissolution, annulment or separation;
3. The age, health and station of each party;
4. The occupation, amount and source of income of each party;
5. The vocational skills and employability of each party;
6. The estate, liabilities and needs of each of the parties;
7. The opportunity of each party for future acquisition of capital, assets and income; and,
8. The contribution of each party to the acquisition, preservation or appreciation of each party's estate.
The trial court is not bound by the terms of the parties' agreement on alimony if the court determines that stipulation is not fair and equitable. Please see the information and forms at the following links:
http://lawdigest.uslegal.com/divorce/separation-agreements/859/
http://definitions.uslegal.com/p/pendente-lite/
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
