Gersten & Gersten

Attorney Karen Gersten

answers your FAQs

You’ve never met with an attorney before? You’re not alone. Many people who contact me are seeking legal advice for the first time in their lives and walk through the door with many of the same questions. Here are some of the ones I hear most frequently.

If you have children and/or assets or both, and the outcome is important to you, then you probably need a lawyer. Hiring a lawyer does not mean you have to “litigate”. It may be as simple as someone helping you prepare and review documents to make sure you have not over-looked something. You will likely only go through this process once and you want to do it right. You would not perform your own medical procedure and probably should not represent yourself in your own legal matter.

If you are in a troubled relationship, the earlier you contact an attorney for advice, the better off you will be. Even if you’re not 100% sure you want to pursue a divorce or separation, it is wise to discuss your personal situation with an expert before you decide. If your spouse has already initiated a legal action, then it is important you immediately get professional advice.

The State of Connecticut has established guidelines for the courts to follow when determining child support. The guidelines look at the combined net incomes of both parents and establish a baseline support amount. They also include percentages for work-related daycare and out of pocket medical bills.

No. Litigation is the most costly and time-consuming path for a divorce. Less than 5% of all divorce cases go to trial and you should consider it a last resort for you and your spouse if you simply can’t come to an agreement on the financial and child-related issues that always accompany a divorce or separation. It is always an option to have a Judge decide your matter, but usually far from the best option. 95% of cases resolve before an actual trial.  The only question is when. That really depends on how long it takes you and your spouse or the other parent to agree.

Most divorces are resolved by collaboration or mediation. The details of your relationship and situation typically determine which way to go. See my article, Guide to the 4 Common Divorce Options.

Think of collaborative divorce as a team approach in which each spouse hires a lawyer to assist in reaching a reasonable settlement on issues relating to money, property and children, but all parties agree they don’t want to go to trial. Collaborative divorce is designed to minimize trauma to the family and when the parties come to a settlement under this cooperative process, they are less likely to believe there are winners and losers. Read more about collaborative divorce here.

Mediation is a friendly way to find solutions that work best for all parties. In this process, the couple hires a mediator who acts as a neutral third party and helps each side discuss and reach their goals. However, for mediation to succeed, both parties must be open and honest about all issues related to money, property, and children. If the relationship is hostile, mediation is probably not the best choice.

Unfortunately, there is no good answer to this question. It can be completed in two months or it can take a year or longer. It all depends on the willingness of the parties to cooperate and the speed with which the court system functions. Agreements that are reached out of court are quickly approved by a judge 95% of the time.

You do not have to prove “fault” to get divorced. It only takes one partner to want a divorce for the process to proceed. However, “fault” (the main reasons for the divorce) may be raised and the court may consider why a party filed for divorce part of the statutory criteria in awarding alimony and/or dividing assets. Generally speaking, unless the fault is egregious, a Judge will not put a lot of emphasis on the reasons for the break-up of the marriage.

An initial consultation should take about an hour and we charge a reduced fee for the time. To make an appointment, you can fill out our contact form or call us at (860) 523-8863.

If you would like to know the exact cost ahead of time, let us know. Karen usually schedules her own appointments and will be happy to speak with you prior to setting up a consultation.