Streamlining the Divorce Process – Non-Adversarial Divorce

Streamlining the Divorce Process – Non-Adversarial Divorce

In an attempt to make the divorce process more accessible and more streamlined for parties with a relatively short marriage, a simple asset picture and no children, and who agree on all aspects of the divorce, the court has adopted a Non-Adversarial Divorce procedure.  Parties seeking a Non-Adversarial Divorce may file a joint petition for divorce and will be assigned a disposition date of not less than 30 days from the date of filing the petition provided the following conditions exist:

  1. The marriage has broken down irretrievably;
  2. The duration of the marriage does not exceed nine years;
  3.  Neither party is pregnant;
  4.  No children were born to or adopted by the parties prior to, or during the marriage;
  5.  Neither party has any interest in real property;
  6.  The total combined fair market value of all property owned by either party, less any amount owed on such property, is less than $80,000.00;
  7.  Neither party has a defined benefit pension plan; [1]
  8.  Neither party has a pending petition for relief under the U.S. Bankruptcy Code;
  9.  Neither party is applying for or receiving Title XIX benefits;
  10. No other action for divorce, civil union, legal separation or annulment is pending;
  11. No restraining order or protective order is in effect;
  12. The Connecticut residency requirements have been satisfied.

The parties must also file a certification attested to under oath that:

  • They agree to proceed by consent
  • They waive service of process
  • Neither party is acting under duress or coercion
  • They waive any right to a trial
  • They waive any right to receive alimony or spousal support
  • They waive any right to an appeal

My expertise can help you achieve a Non-Adversarial Divorce. For more information contact me at (203) 544-9945 or beth@eedwardslaw.com.

[1] A defined pension plan is a pension plan in which an employer promises to pay a specified monthly benefit when an employee retires that is predetermined by a formula based on the employee’s earning history and tenure of service.

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