Attorney O's Midnight Musings: Connecticut Law » Legal Separation

Legal Separation Versus Divorce

Irene C. Olszewski, Esq. — Tue, 27 Oct 2009 03:19:36 +0000

There is a lot of confusion as to the difference between obtaining a legal separation and a divorce in Connecticut. Some people believe that merely choosing to live apart constitutes a legal separation. It does not. Others believe that the parties must file for legal separation if they are seeking to divorce. That is false.

Legal separation is an action filed in court whereby the court may be asked to enter orders for issues such as custody, child support, alimony and the division of property, just as it would in a divorce. However, when a judgment of legal separation has been entered, the marriage is NOT dissolved. In other words, the parties are free to live separate and apart from one another – but they may not remarry another person because they are not divorced. Either party may petition the court to convert the legal separation into a divorce without having to revisit the orders entered at the time of the legal separation. Further, a legal separation can also be undone by both parties filing a declaration of resumption of marital relations in court. In other words, if the parties choose to reunite, they are not required to re-marry each other.

In a divorce, courts may enter orders for the same issues as they would in a legal separation. Once a judgment is entered, the parties are free to live separate and apart from each other permanently — and either party is legally free to marry another person. A divorce decree is final. This means that if the parties wish to reunite, the divorce action cannot be undone, as with a legal separation. If the parties wish to re-enter their legal relationship, they must legally re-marry.

Parenting Education Classes

Irene C. Olszewski, Esq. — Thu, 17 Sep 2009 04:57:58 +0000

If you are a party to a pending divorce, legal separation, annulment, or child custody action in Connecticut – and you have minor children born to the marriage – you are required by law to participate in Parenting Education Classes. These 6-hour classes are designed to teach parents how to help their children adjust in a healthy way to the changes they will experience when their parents divorce and begin living apart.

Obviously, children will have emotional reactions to their parents’ divorce. The classes assist parents in understanding the developmental stages their children will experience. Parents will learn guidelines for designing visitation arrangements that can be facilitated with minimal stress on the children.

The cost of the program is $125.00 per parent. Parties may apply for a waiver of the fees if they cannot afford the cost. For those couples who have difficulty or fear of being in the same class room together, the classes may be taken separately. Be advised that a Magistrate or Judge can order your participation in the classes.

While most clients look upon these classes as an expensive hassle, they usually report afterward that they found the classes beneficial and informative. Either way, they are required … and the effort you expend will benefit your children during an otherwise difficult time in their lives.

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