|
Connecticut
Divorce Laws
These statutes are the
property of Connecticut, we only provide them as a courtesy. This
is not meant to replace legal advice.
When we receive your
information we will forward your case to our Connecticut paralegal
who will prepare your documents. Connecticut has state required
forms which we use for all Connecticut cases.
RESIDENCY
REQUIREMENTS AND WHERE TO FILE:
The dissolution
of marriage may be filed by either spouse if a resident. However,
the dissolution of marriage will not be finalized until one spouse
has been a resident for one (1) year; unless one of the spouses
was a resident of Connecticut at the time of the marriage and returned
with the intention of permanent residence; or if the grounds for
the dissolution of marriage arose in Connecticut. In cases which
involve support, the dissolution of marriage is to be filed in the
county in which the plaintiff resides. In all other cases, the dissolution
of marriage may be filed in any county which is most convenient
to both spouses. [Connecticut General Statutes Annotated; Title
46b, Chapter 44; and Title 51, Chapter 349].
LEGAL
GROUNDS FOR DISSOLUTION OF MARRIAGE:
No-Fault:
(1) Irretrievable breakdown of the marriage; (2) incompatibility
and voluntary separation for 18 months with no reasonable prospect
for reconciliation. [Connecticut General Statutes Annotated; Title
46b, Chapter 40]. General: (1) Adultery; (2) life imprisonment;
(3) confinement for incurable insanity for a total of 5 years; (4)
willful desertion and nonsupport for 1 year; (5) 7 years absence;
(6) cruel and inhuman treatment; (7) fraud; (8) habitual intemperance
(drunkenness); (9) commission and/or conviction of an infamous crime
involving a violation of conjugal duty and imprisonment for at least
1 year. [Connecticut General Statutes Annotated; Title 46b, Chapter
40].
NAME
OF COURT IN WHICH TO FILE FOR DISSOLUTION OF MARRIAGE:
Superior
Court. [Connecticut General Statutes Annotated; Title 46b, Chapter
42].
TITLE
OF DISSOLUTION OF MARRIAGE ACTION:
Complaint
for Dissolution of Marriage.
NAME USED
TO DESCRIBE SPOUSE FILING FOR DISSOLUTION OF MARRIAGE:
Plaintiff.
NAME USED
TO DESCRIBE OTHER SPOUSE IN DISSOLUTION OF MARRIAGE:
Defendant.
TITLE
OF FINAL DISSOLUTION OF MARRIAGE PAPERS:
Decree
of Dissolution of Marriage.
LEGAL
SEPARATION:
A legal
separation may be granted on the following grounds: (1) irretrievable
breakdown of the marriage; (2) incompatibility and voluntary separation;
(3) adultery; (4) life imprisonment; (5) confinement for incurable
insanity for a total of 5 years; (6) willful desertion and nonsupport
for 1 year; (7) cruel and inhuman treatment; (8) fraud; (9) habitual
intemperance (drunkenness); (10) commission and/or conviction of
an infamous crime involving a violation of conjugal duty and imprisonment
for at least 1 year. There is no residency requirement noted in
the statute. [Connecticut General Statutes Annotated; Title 46b,
Chapter 40].
SIMPLIFIED
OR SPECIAL DISSOLUTION OF MARRIAGE PROCEDURES:
Proof of
the breakdown of the marriage can be made by: (1) the spouses signing
an agreement or statement that their marriage is irretrievably broken;
or (2) both spouses stating in court that their marriage is irretrievably
broken and submitting an agreement concerning the care, custody,
visitation, maintenance, support, and education after custody of
their children, if any, and concerning alimony and the disposition
of any property. [Connecticut General Statutes Annotated; Title
46b, Chapter 51].
MEDIATION
OR COUNSELING REQUIREMENTS:
Within 90
days after the dissolution of marriage has been filed, either spouse
or the attorney for any minor children may submit a request for
conciliation to the clerk of the court. Two mandatory counseling
sessions will be ordered. Mediation services may also be available
from the court for property, financial, custody and visitation issues.
[Connecticut General Statutes Annotated; Title 46b, Chapter 53 and
53(a)].
PROPERTY
DISTRIBUTION:
Connecticut
is an "equitable distribution" state. The court may assign to either
spouse all or part of the property of the other spouse, including
any gifts and inheritances, based on the following factors: (1)
the contribution of each spouse to the acquisition of the marital
property, including the contribution of each spouse as homemaker;
(2) the length of the marriage; (3) the age and health of the spouses;
(4) the occupation of the spouses; (5) the amount and sources of
income of the spouses; (6) the vocational skills of the spouses;
(7) the employability of the spouses; (8) the estate, liabilities,
and needs of each spouse and the opportunity of each for further
acquisition of capital assets and income; (9) the circumstances
that contributed to the estrangement of the spouses; and (10) the
causes of the dissolution of marriage. [Connecticut General Statutes
Annotated; Title 46b, Chapter 81].
ALIMONY/MAINTENANCE/SPOUSAL
SUPPORT:
Alimony
may be awarded to either spouse, based on the following factors:
(1) the causes for the dissolution of marriage, including any marital
fault; (2) the distribution of the marital property; (3) whether
the spouse seeking support is the custodian of a child whose condition
or circumstances make it appropriate for that spouse not to seek
outside employment; (4) the duration of the marriage; (5) the age
of the spouses; (6) the physical and emotional conditions of the
spouses; (7) the usual occupation of the spouses during the marriage;
(8) the needs of each spouse; and (9) the vocational skills and
employability of the spouse seeking support and alimony. [Connecticut
General Statutes Annotated; Title 46b, Chapters 82 and 86].
SPOUSE'S
NAME:
Either
spouse's birth name shall be restored upon request. [Connecticut
General Statutes Annotated; Title 46b, Chapter 63].
CHILD
CUSTODY:
Joint or
sole custody is awarded based upon the best interests of the child
and the following factors: (1) the causes for the dissolution of
marriage if such causes are relevant to the best interests of the
child; (2) the wishes of the child if the child is of sufficient
age and is capable of forming an intelligent choice; and (3) whether
the party satisfactorily completed participation in a parenting
education program. There are no other specific state guidelines
for consideration. There is a presumption that joint custody is
in the best interests of the child if both parents have agreed to
joint custody. [Connecticut General Statutes Annotated; Title 46b,
Chapters 56, 56a, and 84].
CHILD
SUPPORT:
Either parent
may be ordered to contribute child support, based on the following
factors: (1) the financial resources of the child; (2) the age,
health, and station of the parents; (3) the occupation of each parent;
(4) the earning capacity of each parent; (5) the amount and sources
of income of each parent; (6) the vocational skills and employability
of each parent; (7) the age and health of the child; (8) the child's
occupation; (9) the vocational skills of the child; (10) the employability
of the child; (11) the estate and needs of the child; and (12) the
relative financial means of the parents. Either parent may be ordered
to provide health insurance for the child. There are official Child
Support Guidelines. These Guidelines are presumed to be correct
unless there is a showing that the amount would be inequitable or
inappropriate under the particular circumstances in a case. [Connecticut
General Statutes Annotated; Title 46b, Chapters 84, 215b, 816].
PREMARITAL
AGREEMENT:
The agreement
must be in writing and signed by both parties and is enforceable
without consideration. After marriage, the agreement may be amended
or revoked only by a written agreement signed by the parties. The
amendment is enforceable without consideration. The agreement is
not enforceable if it is proven that (1) the agreement was not executed
voluntarily; (2) the agreement was unconscionable when executed
or when enforcement is sought; (3) before the execution of the agreement,
the party was not provided a fair and reasonable disclosure of the
amount, character and value of property, financial obligations and
income of the other party; or (4) such party was not afforded a
reasonable opportunity to consult with independent counsel. If a
provision of the agreement modifies or terminates spousal support
allowing the spouse to be eligible for public assistance, the court
may require that the other party provide spousal support. If the
marriage is determined to be void, the agreement is enforceable
only to the extent necessary to avoid an inequitable result. [Connecticut
General Statutes Annotated; Title 46b, Chapters 36c, 36f, 36g, and
36h].
Order
Your Connecticut Divorce Package Now $99.94
Home
e-mail
us
|
