Have more control over the timing of your divorce process by waiving the 90-day waiting period
Since October, 2015, couples who have a written settlement agreement for their divorce can request a final hearing any time after their case is filed without waiting for the 90-day period to expire. A change in Connecticut’s law allows couples to file a divorce action and finalize it within about a day, just enough time for the clerk’s office to create a file for the case. For decades, the law required a 90-day “waiting period” to pass between the Return Date (the official start of a law suit) and the entry of judgment. During that waiting period, only temporary orders could be entered. Once the 90 days pass, the court can start pressuring the parties to proceed often requiring requests for additional time if they are not ready. That is still the law for cases which are contested.
Whether you are using mediation, collaborative process or a traditional process, this change means that once you have an agreement in writing, you no longer have to wait to finalize your divorce. Another advantage of the waiver option is that, in a non-adversarial case, you don’t have to file the case until you are ready with your settlement. You can take as long as you like for valuing assets, negotiation, trying out parenting schedules, refinancing, selling or buying a house, whatever you need to get done, because the court won’t be pressuring you about deadlines if you wait to file until you are really ready.
If you are thinking about divorce, it’s important to understand your options. Talk to us about the benefits of each divorce process before you make a decision about what is best for you and yo ur family.