February 22, 2018

Nonadversarial Divorce (“Non ad”)

Nonadversarial Divorce is a simplified process by which eligible parties can obtain a divorce within 35 days without having to come to court and appear before a judge.

What are the benefits of a Nonadversarial Divorce?

  • You can obtain a divorce in days, as compared to the regular process, which takes at least 3 months
  • You don’t have to come to court
  • You can move on with your life more quickly

Are you eligible?

If you and your spouse meet the following criteria, you may be eligible:

  • We have been married 8 (eight) years or less
  • Neither of us is pregnant
  • No children were born to us or adopted by us before or during the marriage
  • Neither of us has any interest or title in any real property
  • The total value of all property owned by us is less than $35,000
  • Neither of us has a defined benefit pension plan
  • Neither of us has a pending bankruptcy
  • Neither of us is applying for or receiving Medicaid benefits
  • There is no other action for dissolution of our marriage pending
  • There are no restraining or protective orders between us

(Reposted from the Connecticut Judicial Branch Website)

Nisi Period (Latin for “Cooling-Off Period”)

Divorce

Please be aware that in Connecticut, all parties must wait 90 days to obtain a divorce, unless the parties are eligible for a nonadversarial (simplified) divorce or unless the parties have an agreement on all terms of the divorce and ask the court to waive the 90-day waiting period.

Connecticut law provides individuals with options when filing for a divorce.

The following are the different types of divorce processes:

Nonadversarial (simplified or “non-ad”) divorce
This type of divorce is a simplified process by which eligible parties may obtain a divorce within days without having to appear before a judge.
Divorce with an Agreement (or “waive 90”)
If you and your spouse have an agreement as to all issues, you may ask the court to waive the 90-day waiting period that is otherwise required by law, and get divorced at almost any time you choose.
Divorce without an Agreement
It is always preferable for you and your spouse to agree on the terms of your divorce. However, if you are unable to do so, a judge will make decisions regarding alimony, custody and visitation.

(Reposted from the State of Connecticut Judicial Branch Website)

Administration and Operation of the [Connecticut] Courts

The Chief Justice of the Supreme Court is the head of the Judicial Branch. Its administrative director is called the Chief Court Administrator.

Judicial Functions
The judicial functions of the Branch are concerned with the just disposition of cases at the trial and appellate levels. All judges have the independent, decision-making power to preside over matters in their courtrooms and to determine the outcome of each case before them.

Administrative Operations
The Chief Court Administrator is responsible for the administrative operations of the Judicial Branch. In order to provide the diverse services necessary to effectively carry out the Judicial Branch’s mission, the following administrative divisions have been created: Administrative Services Division | Court Support Services Division | External Affairs Division | Information Technology | Superior Court Operations

 

Administrative Services Division – Provides a wide array of centrally conducted, statewide services for the benefit of all divisions within the Judicial Branch, such as data processing, financial services, personnel matters and facilities management.

Court Support Services Division

  • Office of Adult Probation – Conducts presentence investigations ordered by the Superior Court and supervises probationers in all cases except juvenile matters.
  • Office of Alternative Sanctions – Creates and sustains a full range of alternatives to incarceration for both pre- and post-conviction adult and juvenile populations.
  • Bail Commission – Interviews and investigates individuals accused of crimes to assist the Superior Court in determining terms and conditions of pretrial release.
  • Family Services Division – Assists the Superior Court in the resolution of problems and the adjudication of cases involving family relationships, family support, child protection and juvenile delinquency. Among the services provided by the Family Division are: mediation of domestic disputes, evaluation of child custody and visitation conflicts, juvenile probation services, divorce counseling, residential placement, restitution and community services.
  • Division of Juvenile Detention Services – Provides pretrial secure detention and programming services to juveniles accused of delinquent acts.

External Affairs DivisionCoordinates a variety of legislative, educational and informational activities designed to inform and educate the public and private sectors about the mission, activities and goals of the Judicial Branch.

Information Technology Division –
The Information Technology (IT) Division consists of:

  • The Commission on Official Legal Publications (COLP) – COLP prints and distributes all Judicial publications including such things as the Connecticut Law Journal, Connecticut Reports, the Connecticut Practice Book and official court forms.
  • Judicial Information Systems (JIS) – JIS is responsible for Applications Development and Support, Network and Systems Support, Architecture & Standards as well as Service & Delivery Support.

Superior Court Operations – The Superior Court Operations Division includes the following:

  • Administration – Provides support services and guidance to all segments of the Division by directing the administrative, strategic planning, staff training and business activities, and provides for court transcript services, interpreter services, and the preservation and disposition of seized property; and, the maintenance, retrieval and destruction of records.
  • Court Operations – Ensures that the Superior Court Clerk’s offices process all matters in accordance with Statutory, Practice Book and Judicial Branch policy provisions in an efficient and professional manner through the provision of technical assistance and support services including the Centralized Infractions Bureau and Jury Administration.
  • Judge Support Services – Ensures the prompt delivery of services and programs to Superior Court judges and Family Support Magistrates pertaining to law libraries, legal research, judicial performance evaluations, continuing education and support for technology; and manages grants program.
  • Legal Services – Determines legal issues and provides support services in the areas of attorney ethics, discipline and bar admission.
  • Support Enforcement Division – Enforces, reviews and adjusts family support orders in accordance with federal and state regulation, rules and statutes.
  • Office of Victim Services – Advocates for victims of crime, arranges services, provides assistance and financial compensation.

(Reposted from the Connecticut Judicial Branch Website)

Role of the [Connecticut] Courts

Maintaining Order – The judicial system in Connecticut exists to uphold the laws of the state. Our courts help to maintain order in our society by:

  • determining the guilt or innocence of persons accused of breaking the law;
  • resolving disputes involving civil or personal rights;
  • interpreting constitutional provisions of laws enacted by the legislature and deciding what is to be the law of the state when none exists for certain situations. The court decision then becomes a precedent to be applied in like situations unless later overruled or modified by the Supreme Court or the General Assembly; and,
  • determining whether a law violates the Constitution of either the State of Connecticut or the United States.

Separation of Powers – Under our constitution, the courts are one of three branches of government:

  • The Legislative Branch (the Senate and House of Representatives) is responsible for creating new laws.
  • The Executive Branch (the Governor and executive branch agencies) is responsible for enforcing them.
  • The Judicial Branch (the courts) is responsible for interpreting and upholding our laws.

Relationship of Connecticut Courts to Federal Courts
In Connecticut, as throughout the United States, there are two judicial systems. One is the state system, established under the authority of the state constitution; the other is the federal system, established under the United States Constitution. Connecticut courts are courts of general jurisdiction. These courts handle most criminal matters and a variety of civil matters, including contracts, personal injury cases, dissolution of marriage and other legal controversies. In some instances, decisions of state courts may be appealed to the United States Supreme Court if a question of federal constitutional law arises.

Federal courts have jurisdiction over matters involving federal law, and over the following matters: cases brought by the United States, cases between two states or the citizens of two different states, cases between a state and a foreign state or its citizens, admiralty and maritime cases, and cases affecting ambassadors and other diplomatic personnel.

(Reposted from the Connecticut Judicial Branch Website)

Organization of the Courts [In Connecticut]: Probate Court

In addition to the state-operated courts, Connecticut has probate courts, which have jurisdiction over the estates of deceased persons, testamentary trusts, adoptions, conservators, commitment of the mentally ill, guardians of the persons, and estates of minors.

Each Probate Court has one judge, who is elected to a four-year term by the electors of the probate district. There are 54 Probate Court districts and six Regional Children’s Probate Courts. State law requires that probate judges be attorneys, and they are paid through a statutory formula. Probate Courts are housed in municipal facilities, most often town and city halls.

(Reposted from the Connecticut Judicial Branch Website)

Organization of the Courts [In Connecticut]: Superior Court

The Superior Court hears all legal controversies except those over which the Probate Court has exclusive jurisdiction. Probate Court matters may be appealed to the Superior Court.

A superior court courtroom The state is divided into 13 judicial districts, 20 geographical areas and 12 juvenile districts. In general, major criminal cases, civil matters and family cases not involving juveniles are heard at judicial district court locations. Other civil and criminal matters are heard at geographical area locations. Cases involving juveniles are heard at juvenile court locations.

The Superior Court has four principal trial divisions: civil, criminal, family and housing.

Civil Division – A civil case is usually a matter in which one party sues another to protect civil, personal or property rights. Examples of typical civil cases include landlord-tenant disputes, automobile or personal accidents, product or professional liability suits and contract disputes. In most civil cases, the accusing party (plaintiff) seeks to recover money damages from another party (defendant). Cases may be decided by the judge or by a jury, depending on the nature of the claim and the preference of the parties.

Criminal Division – A criminal case is one in which a person (defendant) is accused of breaking the law. The two sides in a criminal case are the state, represented by a state’s attorney (because crimes are considered acts that violate the rights of the entire state), and the defendant. Crimes (felonies and misdemeanors), violations and infractions are heard in the Criminal Division.

Housing Division – Cases involving housing are heard in special housing sessions in the Bridgeport, Hartford, New Haven, Stamford-Norwalk and Waterbury judicial districts. In all other judicial districts, these cases are part of the regular civil docket.

Family Division – The Family Division is responsible for the just and timely resolution of family relations matters and juvenile matters. Examples of family relations matters include: dissolution of marriage, child custody, relief from abuse and family support payments. Juvenile matters include: delinquency, child abuse and neglect, and termination of parental rights.

(Reposted from the Connecticut Judicial Branch Website)

Organization of the Courts [in Connecticut]: Appellate Courts

The Appellate Court, like the Supreme Court, reviews decisions made in the Superior Court to determine if errors of law have been committed.

There are nine Appellate Court judges, one of whom is designated by the Chief Justice to be Chief Judge. Appellate Court courtroomIn addition, judges who are eligible and who have not attained the age of 70 may elect to take senior status and remain as members of the court.

Generally, three judges hear and decide each case, although the court may also sit en banc, which means that the entire membership of the court participates in the decision.

Like the Supreme Court, the Appellate Court does not hear witnesses, but renders its decision based upon the record, briefs and oral argument.

(Reposted from the Connecticut Judicial Website)

Dispel the Myths

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Organization of the Courts [In Connecticut]: Supreme Court

The Supreme Court is the state’s highest court. It consists of the Chief Justice and six associate justices. In addition, justices who are eligible and who have not yet attained the age of 70 may elect to take senior status and remain as members of the court.

Supreme Court Courtroom

A panel of five justices hears and decides each case. On occasion, the Chief Justice summons the court to sit en banc as a full court of seven, instead of a panel of five, to hear particularly important cases.

The Supreme Court reviews decisions made in the Superior Court to determine if any errors of law have been committed. It also reviews selected decisions of the Appellate Court.

Generally, the Supreme Court does not hear witnesses or receive evidence. It decides each case on:

  • the record of lower court proceedings;
  • briefs, which are used by counsel to convey to the court the essential points of each party’s case; and,
  • oral argument based on the content of the briefs.

State law specifies which types of appeals may be brought directly to the Supreme Court from the Superior Court, thereby bypassing the Appellate Court. These cases include: decisions where the Superior Court has found a provision of the state constitution or a state statute invalid and convictions of capital felonies. All other appeals are brought to the Appellate Court.

The Supreme Court may transfer to itself any matter filed in the Appellate Court, and may agree to review decisions of the Appellate Court through a process called certification. Except for any matter brought under its original jurisdiction, as defined by the State Constitution, the Supreme Court may transfer any matter pending before it to the Appellate Court.

(Reposted from the Connecticut Judicial Branch Website)

New Bankruptcy Form, Rules Take Effect

Individuals filing for bankruptcy under Chapter 13 must use a new form that presents their payment plan in a more uniform and transparent manner, and creditors will have less time to submit a proof of claim, under new bankruptcy rules and form amendments that took effect Dec. 1.

By creating greater uniformity of where specific types of information must be entered, the new national Chapter 13 plan form will make it easier for creditors, lawyers and judges to ensure that all elements of a bankruptcy agreement reached under Chapter 13 comply with federal laws. Chapter 13, sometimes known as the wage earner’s plan, enables qualified individual filers to reschedule and make debt payments, allowing them to keep their homes and other property.

Bankruptcy courts previously had relied on local versions of Chapter 13 plans, which varied from district to district, in resolving Chapter 13 cases. They now must either use a new national Bankruptcy Form 113, or create a locally adapted form that contains key elements of the national form. In recent months, courts have been updating electronic filing systems and notifying local bankruptcy lawyers and filers of the pending changes.

The deadline for creditors to file a proof of claim was revised in an amendment to Federal Rules of Bankruptcy Procedure 3002.

The new deadline will affect bankruptcies filed under Chapter 7, in which debtors liquidate assets; Chapter 12, which enables family farmers and fishermen to restructure their finances; and Chapter 13. Previously creditors had 90 days after an initial meeting of creditors was held. Now, a proof of claim must be submitted within 70 days of the filing of a bankruptcy petition.

Federal rules amendments typically follow a three-year process, which includes multiple layers of review and extensive public comment.

In April, the Supreme Court transmitted the new rules regarding bankruptcy, as well as amendments to Appellate and Civil Rules of Procedure, and Rules of Evidence, to Congress. The new rules took effect Dec. 1 when Congress did not act to prevent their implementation.

Find a full list of the new rules and form amendments and the Current Rules of Practice and Procedure. Find additional information about the bankruptcy process.

(Re-posted from http://www.uscourts.gov/news/2017/12/01/new-bankruptcy-form-rules-take-effect)

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