New Haven Register (New Haven, CT)
A lasting impact
Dulos divorce could alter Connecticut family courts
STAMFORD — The disappearance of New Canaan mother of five Jennifer Dulos has captivated the state for two months.
But for two years, Jennifer Dulos had been fighting a legal battle against her husband, Fotis Dulos, in state Superior Court in Stamford, where she filed for divorce in June 2017. Jennifer Dulos said, according to court documents, she worried for her wellbeing because her husband harbored “sickening revenge fantasies.”
Fotis Dulos’ lawyers have speculated whether his wife perpetrated a “revenge suicide” or framed him in a plot emulating the novel “Gone Girl,” drawing sharp rebukes from Jennifer’s friends and “Gone Girl” author Gillian Flynn.
Lawyers not involved in the case said it’s an outlier, and it’s unclear whether it will have a lasting effect on other divorce proceedings to come.
“I’m not sure how much of an impact it will have,” said Emily S. Lucibello, a lawyer who specializes in family cases. “Every single family case has a unique set of circumstances, a unique set of facts.”
The facts of the Dulos case — a missing wife who had primary custody of the couple’s children, the husband’s access restricted, a grandmother attempting to intervene — could present some novel legal questions for judges to consider.
“It’s presenting all of these new issues,” Lucibello said.
Fotis Dulos is now in a custody dispute with Jennifer’s mother, Gloria Farber, who has been caring for the five children, ages 8 to 13, at her Manhattan apartment since her daughter disappeared May 24.
Fotis Dulos and his girlfriend, Michelle Troconis, are facing charges in criminal court, where they have pleaded not guilty to tampering with evidence and hindering prosecution charges related to the disappearance.
Alice McQuaid, a Norwalk family lawyer, isn’t involved in the case but said she saw Jennifer Dulos in court occasionally.
McQuaid said she and other lawyers and mothers from the area worry that Jennifer Dulos was a victim of domestic violence, a common concern in such cases.
Authorities said in arrest warrants for Fotis Dulos and Troconis they suspect Jennifer Dulos was the victim of a “serious physical assault,” but no one has yet been charged with committing any violent acts against her.
“Obviously, people going through nasty divorces are under a lot of stress and pressure,” she said. “Unfortunately, domestic violence is a frequent occurrence for people going through divorce, as sad as it is.”
It’s not yet clear that’s what happened in the Dulos case, she said, but “I do think that domestic violence is a very serious and very prevalent issue that all family attorneys are concerned about.”
“I think this case is shedding awareness and light on the issue of domestic violence,” McQuaid said.
In legal filings, Fotis Dulos’ lawyers are asking a family court judge to dismiss the 85yearold Farber’s bid to intervene in the contentious twoyear divorce. They have also requested to halt the divorce proceedings because Jennifer Dulos is missing and are seeking access to her medical records.
A response filed by attorneys representing Farber pointed out that Judge Donna Nelson Heller, who has been overseeing the divorce, already stipulated that Fotis Dulos could only see his children during closely supervised visits prior to their mother's disappearance because of his behavior. She also required his phone conversations with the children be recorded and transcribed.
“His testifying falsely to the court suggests that he is equally comfortable in encouraging the children to lie to achieve his desired outcome,” Heller said while explaining why she ordered his access to the children to be limited during a March 2018 court proceeding.
“The court has already determined that the defendant is not a fit parent,” the attorneys for Farber said.
Lucibello echoed a similar sentiment.
“His availability as a full parent present at this time doesn’t suddenly make him a presumptive fit parent,” she said.
“Jennifer had primary physical custody,” Lucibello said. “His access was really restricted beyond what is (a more) traditional (access schedule).”
Sen. Alex Bergstein, DGreenwich, evoked the case at a forum at the state Capitol Thursday on how family court handles cases involving domestic violence.
“Jennifer Dulos was my constituent,” said Bergstein, who represents Greenwich and parts of Stamford and New Canaan. “This is an issue that is real and present every day in all parts of the state and every community. We need to address it head on.”
More than 300 motions were filed by the Duloses in their twoyear divorce battle before the disappearance. Data shared by the Judicial Branch on Thursday indicates that the Dulos case may be among the most litigious of all divorce cases in Connecticut.
Only three Connecticut cases of more than 11,000 disposed in fiscal year 2019 had more than 200 filings by the plaintiff and defendants before a judgment was reached.
Michael A. Albis, chief administrative judge for family matters, unveiled a “Family Court Triage” initiative last week that he said will help address these concerns.
The program would bring divorcing couples into court 45 to 60 days earlier than they would have previously had an appearance. Cases would start with a mandatory conference with family services prior to seeing a judge. Then, each would be assigned one judge and one family relations counselor for its duration, and judges would also have more scheduling authority.
Sean Barrett, another lawyer who handles divorce cases, said reform efforts will face tests at the Stamford courthouse, which features many of the state’s most complicated divorce cases.
“These types of custody battles, where there’s hundreds of motions filed, more often than not happen in Stamford,” he said.
Lucibello agreed, noting that the most complicated divorce cases are those that involve a “trifecta” of contested custody, alimony, and lots of assets to divvy up.
“Just by the nature of the location, Stamford court does see a lot of these cases,” she said.
There’s always room for reform, and some cases drag out unnecessarily, she said, but it’s unclear how much is due to the structure of family court and how much is due to the individuals or facts involved in a certain case.
The complete facts of the Dulos case are not yet available, but of those that are known, “it does tell you that there were some significant issues involved,” Lucibello said.