Welty Esposito & Wieler LLCWelty Esposito & Wieler LLC2026-03-27T19:12:41Zhttps://www.wewlaw.net/feed/atom/WordPress/wp-content/uploads/sites/1604871/2024/08/cropped-WEW_FAV-1-32x32.pngOn Behalf of Welty Esposito & Wieler LLC<![CDATA[Can one spouse refuse service of divorce papers?]]>https://www.wewlaw.net/?p=479992026-01-15T21:34:38Z2026-01-15T21:34:38ZInitiating a divorce also requires serving the other spouse with the paperwork. Direct, face-to-face service is the gold standard in modern divorce proceedings. However, those who know that a divorce filing is likely and who do not want to divorce may do everything in their power to avoid service.
What options do filing spouses have when they cannot directly serve their spouses with necessary divorce paperwork?
The courts can approve other options
Spouses pursuing divorce who have made good faith efforts to provide traditional service can ask the courts for support. The standard service procedure involves either a process server or a sheriff physically handing documents directly to one spouse. Some people move, go into hiding and refuse to respond to their spouses.
In scenarios where one spouse can show that the other has intentionally avoided service or has gone into hiding, a judgment can authorize substituted service. After attempting standard service, the spouse filing for divorce can have their lawyers submit a motion to the courts requesting substituted service. If the courts agree that the filing spouse was diligent in their efforts to provide traditional service, a judge can then approve an alternate method of service.
There are several options available, including providing paperwork to a family member at their home, mailing the divorce documents to their last known address or publishing formal notice in a local newspaper. None of these options are available until a judge approves the request for substituted service.
If a judge agrees that there have been attempts to subvert the legal process by intentionally avoiding service, they may agree that alternate methods of service are necessary. Without a direct response from the served spouse, the filing spouse may eventually proceed with a default case where the courts approve the divorce based solely on their input without the involvement of the other spouse.
Individuals anticipating a contentious divorce process may benefit from discussing their concerns with a lawyer. Even when a spouse insists they will not divorce and makes every attempt to avoid the process, it is still possible to legally end an unhappy marriage in Connecticut.]]>On Behalf of Welty Esposito & Wieler LLC<![CDATA[What are the grounds for divorce in Connecticut?]]>https://www.wewlaw.net/?p=479862025-12-09T23:52:40Z2025-12-09T23:52:40Zrecognize 10 different grounds for divorce. There are technically two grounds for no-fault divorces and eight grounds for fault-based divorces.
People in all kinds of challenging circumstances are likely eligible for divorce. What legal justifications are necessary to end a marriage in Connecticut?
No-fault grounds
A no-fault divorce does not assert that either spouse is to blame for the failure of the marital relationship. Instead, the spouses assert that an irretrievable breakdown occurred. There is no evidence necessary for such claims.
Spouses can also potentially request a no-fault divorce on the basis of separation. If the spouses have lived separately for at least 18 months before petitioning the courts for divorce, they may be eligible for a no-fault divorce if they assert they are unlikely to resolve their issues in the future.
Fault-based grounds
There are many fault-based grounds for divorce. The spouse petitioning the courts may assert that the other spouse did something untenable that has caused significant harm to the marital relationship.
Fault-based divorces are sometimes necessary for those in traditional religious communities or those who have experienced wrongdoing during marriage. Default-based grounds for divorce currently recognized in Connecticut include:
fraud before marriage (including bigamy)
adultery
desertion for a year that involves a complete failure to fulfill marital duties
an absence lasting seven years without communication
regular substance abuse or intoxication
domestic violence and other forms of cruelty
incarceration for a life sentence or a sentence of at least a year for certain offenses
confinement in a mental hospital or similar facility for five years or longer
Those pursuing a divorce on the basis of a spouse's fault typically need evidence showing that infidelity, abuse or other actionable circumstances affected the marriage. Although many spouses might be eligible for fault-based divorces, many people choose no-fault divorce for the sake of expediency and the minimization of conflict.
Discussing one’s marital circumstances and the reason for divorce with a legal professional can help people effectively evaluate their options. People who learn about the law can pursue the best options for their unique situations.]]>On Behalf of Welty Esposito & Wieler LLC<![CDATA[Establishing parentage as an unmarried father]]>https://www.wewlaw.net/?p=479852025-11-15T11:54:19Z2025-11-15T11:54:19ZVoluntary paperwork
Most unmarried men are able to establish parentage immediately after the birth of a child. They fill out an Acknowledgment of Paternity document at the hospital with the cooperation of the mother.
It is also possible for fathers to voluntarily complete paperwork with the cooperation of the mother years after the birth of a child. A father who completes the acknowledgment process when there is already a birth certificate for his child can have the state amend the document to add his name.
Court proceedings
Unfortunately, complicated interpersonal dynamics and failed relationships could make it difficult to voluntarily acknowledge parentage. If the mother of a child does not acknowledge the man as the father or refuses to cooperate, he may need to go to court.
The family courts can order genetic testing. By testing the mother, child and putative father, it is possible to validate the man's paternity. If genetic testing confirms the man is the father of the child, he can ask to update the birth certificate to reflect that information. He can then also request the parental rights and responsibilities afforded to other parents.
Fathers trying to manage the execution of voluntary paperwork or navigate the legal system may need assistance as they seek to establish their paternity. Working with a family law attorney can reduce the likelihood of errors that could delay establishing parentage and complicate a man's attempt to play an involved role in the lives of his children.
]]>On Behalf of Welty Esposito & Wieler LLC<![CDATA[How can I update my child support order in Connecticut?]]>https://www.wewlaw.net/?p=479842025-12-22T14:16:35Z2025-10-09T13:02:41Zchild support amount if they go through a substantial change of circumstances. This legal process helps ensure that parents can adapt to their new situations with ease, while also fulfilling their financial duties for their children.
What are the legal requirements for updating child support?
As your children grow up, there may be some notable changes in their needs or your family’s lifestyle that may warrant an update of child support costs. Four of them include:
There is an increase or decrease of at least 15% in your or your ex’s income
There is a change in your custody order
There is a change in your or your ex’s family size
There is a change in your children’s educational and/or health care needs
Understanding the state’s specific requirements and following the right modification process is crucial in getting your case evaluated by a Connecticut judge or a family support magistrate.
How can I submit my request?
You can file your “motion for modification” on your own, with the help of an attorney or by seeking assistance from the Support Enforcement Services (SES). If you choose option three, you can begin the process by informing SES of your request in writing, by phone or by e-mail.
Once they review your existing child support order and your completed request form, they will assess the information, prepare the court forms and inform you of the hearing date. Keep in mind that the court will evaluate several factors to ensure that your child support update request is fair for the other parent and aligns with your children’s best interests.
By understanding how Connecticut’s child support modifications work and following the legal procedures involved, you can proceed with your petition confidently and adjust to your new situation free of worries.]]>On Behalf of Welty Esposito & Wieler LLC<![CDATA[Parallel parenting may be advisable in high-conflict scenarios]]>https://www.wewlaw.net/?p=479822025-09-15T16:18:32Z2025-09-15T16:18:32ZWhen parents separate, the traditional hope is often that they can co-parent cooperatively, working together to make decisions and maintain stability for their children. However, this is not always possible or advisable. For a variety of reasons, ranging from simmering resentment to a history of abuse, cooperative co-parenting is not always the best option for families whose structures are being rebuilt.
In high-conflict situations where power dynamics have been traditionally unbalanced to a significant degree, communication consistently breaks down or hostility overshadows the potential for meaningful cooperation, traditional co-parenting may not be in a child’s best interests, nor in the interests of one or both parents. In these cases, parallel parenting may serve as a healthier and more effective approach.
How parallel parenting works
Parallel parenting is designed to minimize direct interaction between parents while still allowing both adults to remain actively involved in their children’s lives. Each parent is broadly responsible for the children during their own parenting time, with minimal interference from the other. This reduces opportunities for conflict and helps to shield children from ongoing tension. Parenting plans in parallel parenting arrangements are usually highly detailed, spelling out everything from pick-up and drop-off procedures to decision-making authority on education, medical care and extracurricular activities. The goal is to prevent disputes by removing ambiguity.This model can prove to be especially useful when one or both parents struggle to communicate without conflict, or when a history of abuse colors interactions. For example, instead of requiring frequent phone calls or face-to-face discussions, parallel parenting may limit communication to written messages, emails, or co-parenting apps that keep exchanges brief and businesslike. By setting boundaries around communication, children are less likely to be exposed to arguments or to feel caught in the middle of their parents’ disagreements, and domestic violence victims are less likely to feel as if they must interact with their former abuser too frequently to facilitate healing. Parallel parenting does not mean disengagement. Both parents still play meaningful roles in their children’s lives, but they do so separately. Over time, if tensions decrease, some families can transition from parallel parenting to a more cooperative co-parenting arrangement. However, even when long-term conflict remains, parallel parenting can help to ensure that children continue to have relationships with both parents in an environment that emphasizes stability and predictability for all.]]>On Behalf of Welty Esposito & Wieler LLC<![CDATA[3 potential benefits of pursuing a collaborative divorce]]>https://www.wewlaw.net/?p=479532025-12-22T14:14:49Z2025-08-17T23:32:22Z1. Collaborative divorce provides even footing
Spouses may begin the divorce process by promising to work together. However, as disagreements intensify, one may back out of that prior commitment to cooperation. They may show up to court with a lawyer and may try to gain an advantage over the other spouse.
Collaborative divorce proceedings require a written commitment to resolve matters outside of court. Spouses cannot simply lie about their intentions without consequence in a collaborative divorce scenario. If they back out of the arrangement to work together, they usually have to begin the whole process over again, often with a new attorney.
2. Spouses have more control
Litigated divorces rely on a judge’s interpretation of the situation. A judge looks at financial matters and family circumstances when settling disputes related to property division and parenting time.
People who have specific priorities regarding parenting or property decisions may find that collaborative divorce gives them enhanced control over the outcome. They have the capability of compromising regarding certain disagreements in favor of pushing for the terms that matter the most to them.
3. Collaborating can keep things amicable
Divorce does not always lead to a clean break where spouses never interact again. If they share children with one another, continued interactions for the rest of their lives are likely. If both spouses belong to the same country club or church, their overlapping social circles can create opportunities for conflicts and personal setbacks for years after divorce occurs.
Spouses who work together to settle disagreements peacefully can maintain a positive or at least neutral relationship with one another. That calmer dynamic can be beneficial when they see each other after the divorce.
Collaborative divorce proceedings have the potential to be faster and less costly than litigated divorces. They provide spouses with more privacy. There are myriad benefits that spouses can potentially derive from a collaborative divorce instead of a litigated one. Exploring different approaches to divorce proceedings can be beneficial for those on the cusp of filing.]]>On Behalf of Welty Esposito & Wieler LLC<![CDATA[Crafting parenting plans for teens and tweens]]>https://www.wewlaw.net/?p=479522025-07-23T16:38:25Z2025-07-23T16:38:25ZWhen children are navigating their early years, co-parenting schedules tend to focus on consistency, routine and physical care. As children grow into tweens and teens, those needs evolve—and so should their parenting plans. Adolescents require structure, but they also crave independence and flexibility. Crafting a parenting plan that supports their development and respects their changing needs is important for a number of reasons.For tweens (typically ages 9 to 12), stability still matters. They are developing social lives and extracurricular interests but are not yet fully independent. A parenting plan should account for their growing need to participate in activities with friends, which may require flexibility within a standard schedule structure. Clear communication between co-parents about transportation, school commitments and weekend plans can become increasingly important at this stage as well. Without a proactive approach, tension can develop among everyone. Teenagers, on the other hand, may want significant input when it comes to their parenting schedule. They may have part-time jobs, late-night study sessions and strong preferences about where they want to be. While teens should not dictate a family’s plan, their input can help shape a schedule that works in practice. Forcing a teen into a rigid schedule without considering their voice can lead to resentment or resistance. Parenting plans for teens should aim to balance parental involvement with the teen’s need for autonomy.
Getting down to brass tacks
When drafting a plan for your teen or tween, consider including guidelines for digital communication. Teens and tweens are tech-savvy and may want to stay in touch with both parents through texting, video calls or social media. A thoughtful plan might include expectations around when and how a child can communicate with the other parent. Encourage open lines of communication while still respecting household boundaries. As school demands grow more intense, both parents should also coordinate on homework help, parent-teacher conferences and academic monitoring. A shared calendar can be useful to track assignments, tests and school events.Discipline and household rules also matter. Try to maintain similar expectations in both homes (if possible and appropriate) around curfews, screen time and responsibilities. While some variation is inevitable, consistency between homes can help teens and tweens feel more secure and reduce any risk of conflict.Ultimately, the most successful parenting plans for adolescents are built on respect, communication and adaptability. Regular check-ins between parents—and even family meetings involving the child—can help the plan stay relevant. As your child matures, revisit the plan and make adjustments to reflect their growth and changing needs.]]>On Behalf of Welty Esposito & Wieler LLC<![CDATA[Why spouses with high-value marital assets may choose mediation]]>https://www.wewlaw.net/?p=479442025-12-22T14:11:03Z2025-06-19T15:06:52Zhigh-value marital estates.
Equitable distribution is unpredictable
Judges hearing litigated property division cases have to make many difficult decisions. Sometimes, they have to evaluate whether assets are marital or separate property. They have to settle disagreements about the fair market value of assets. They also make determinations about how to allocate property and responsibility for marital debts in accordance with equitable distribution statutes.
When the marital estate includes investment assets, real property or business holdings, spouses may have very strong opinions about what should happen with specific assets. Perhaps the best outcome involves one spouse retaining ownership of a business while the other receives other assets instead. Maybe the spouses each have an interest in retaining specific investment resources.
When spouses litigate property division matters, they have no control over what the judge ultimately determines is fair and equitable. When they attend divorce mediation, they have the ability to set terms that they believe are appropriate.
Spouses can compromise with one another in certain areas to reach agreements that contain the terms that they feel are the most important. Electing to attend divorce mediation also eliminates the need for formal financial discovery, which can enhance the privacy of those with large marital estates.
Discussing the possibility of divorce mediation with a skilled legal team can help those with complex resources push for the best possible divorce outcome. People who feel strongly about maintaining ownership of specific resources may want to retain control over their divorce proceedings instead of having a judge make critical decisions about their assets.]]>On Behalf of Welty Esposito & Wieler LLC<![CDATA[Grey divorce: What do I need to know?]]>https://www.wewlaw.net/?p=479422025-06-09T19:38:30Z2025-06-09T19:38:30ZWhat is unique about grey divorce?
Older couples accumulate assets over their lifetime. This can include business interests, real estate, retirement accounts, and investments. The division of these assets requires careful legal consideration. For those with business interests, for example, it is important to determine the fair market value of the business and decide whether to sell, divide, or continue joint ownership. Legal professionals often recommend hiring a business valuation expert to get an accurate assessment.
The process for real estate is similar, with a need to get a market value and decide the future of the property. It is also important to take into account potential tax implications if you plan to sell the home after the divorce is finalized as well as future maintenance costs.
It is also imperative to split retirement assets wisely. Remember, these assets have had decades to grow in value and it is difficult if not impossible to recoup these losses. Make sure any proposed division is fair and works for your future plans.
Are there any legalities that I should keep in mind when navigating a grey divorce?
Like any divorce, it is important to follow state law to navigate through the process. In addition to adhering to these legal requirements, those who go through a grey divorce should also revisit estate plans. Once the divorce is finalized it is wise to update wills, trusts, and beneficiary designations to reflect new circumstances.
Grey divorce presents unique challenges and legal considerations for older couples, particularly those with high assets. Understanding the complexities of business interests and multiple properties, along with retirement accounts and estate planning, is crucial. By seeking professional legal advice, couples can navigate these challenges effectively, better ensuring a fair and equitable resolution.]]>On Behalf of Welty Esposito & Wieler LLC<![CDATA[Dividing assets in divorce in times of economic uncertainty]]>https://www.wewlaw.net/?p=479412025-12-22T13:37:06Z2025-05-21T21:45:04ZHow best to deal with fluctuating asset values
It’s always necessary to determine the valuation date for marital assets. The valuation date can make a big difference in how much a spouse takes away from a marriage.
However, the value of some or all assets can increase or decrease significantly between the valuation date and the time the divorce is finalized. that date and the date of your final divorce decree. Some experts recommend that couples agree on what percentage of each asset each one will get rather than what dollar amount. This way, a large fluctuation in value won’t require a change in the agreement.
The effect of economic uncertainty on support orders
Economic uncertainty can also cause complications for couples who need to negotiate spousal and/or child support orders. Everything from potential increases in unemployment to the rising cost of living can make any support orders insufficient within a year.
Many couples include a Cost of Living Adjustment (COLA) clause in these support orders. This allows them to automatically be adjusted each year without having to return to court.
Certainly, where a couple divorces in a time of economic tumult or stability, circumstances can change at any time – whether due to outside forces or changes in one or both of their own lives. That’s one reason why it’s wise to craft property division, support and other agreements that are as forward thinking as possible.
It’s always smart for divorcing spouses to have their own financial, tax and other professionals to help them protect their rights and interests in addition, of course, to sound, experienced legal guidance. After all, who knows for certain what the future will bring?]]>