In the context of a newly-filed dissolution action, unless there are urgent circumstances, such as emergent custody issues, violations of automatic orders, or a need for temporary alimony or child support, the first court involvement typically occurs on the Case Management Date. This date is approximately ninety days following the Return Date.
By the Case Management Date, parties must e-file a signed Case Management Agreement. This document outlines an agreed-upon schedule for the litigation process and indicates whether the case is contested. Failure to agree on a schedule or to file this form necessitates an in-person court appearance on the Case Management Date.
Every dissolution action, either via a Case Management Agreement or a court appearance, will be classified as “fully contested,” “limited contested,” or “uncontested.” An uncontested dissolution implies that the parties have agreed on all aspects of the case, including financial support, custody, and asset division. Although many dissolutions eventually reach an uncontested status, this often happens after the initial ninety-day period.
“Limited contested” cases involve parties who agree on custody and visitation but not on all financial issues. “Fully contested” cases are those where, even after ninety days, no agreement on custody or financial matters is reached. Nonetheless, the court requires a temporary parenting plan to become an order, ensuring stability for any minor children until the dissolution is finalized or further orders are made.
In all dissolution actions, judges prioritize custody concerns compared to financial matters. Consequently, the court insists on the submission of temporary parenting plans and appoints a Guardian ad Litem when necessary, while allowing ample time for discovery and negotiation regarding financial terms.
If a case is marked as “uncontested,” the court assigns a return date for approval of the separation agreement. Otherwise, deadlines are set for exchanging documents, such as financial affidavits, identifying witnesses, and depositions. The court also schedules a Special Masters or Judicial Pretrial and often assigns a trial date, typically within a year from the return date, as a precaution in case the parties do not reach a resolution.
A pretrial is generally a non-binding, informal proceeding held at a courthouse, where both sides present their case to a neutral party who suggests a resolution. A special masters pretrial involves two experienced family lawyers, while a judicial pretrial involves a judge. These proceedings are non-binding, and if a judge participates, they are barred from presiding over the trial if it proceeds. The judiciary aims for cases to settle at or after a pretrial to prevent court congestion.
Contact Us
If you have any questions about divorce case management programs in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
