Connecticut dissolution of marriage (divorce) law doesn’t need to be a mystery. Discover residency requirements, grounds for dissolution, and what to expect regarding property division, alimony, child support and custody.
Find out more about divorce
Excellent
by Edward A. Haman, Esq.
Edward A. Haman is a freelance writer, who is the author of numerous self-help legal books. He has practiced law in H...
Updated on: March 13, 2023 · 6 min read
In Connecticut the divorce procedure is called a dissolution of marriage. A dissolution for any married couple will accomplish two things: (1) severing the marital relationship, and (2) dividing assets and debts. If they have been married for a significant length of time and one of them will be unable to be self-supporting, the issue of alimony may arise. If there are minor children, they will need to resolve issues of child custody, visitation, and support.
Procedures
To file for dissolution of marriage in Connecticut, one party must be a resident of Connecticut. However, the court may not enter a final judgment unless (1) one party has been a resident for at least 12 months, or (2) one party was a resident at the time of the marriage and has returned to Connecticut, or (3) the grounds for dissolution arose in Connecticut.
You begin the procedure by filing a Complaint for Dissolution of Marriage in the Superior Court of the county where you live. If neither party is seeking alimony, you may file in any county that would be convenient to you and your spouse. If you and your spouse can reach an agreement on all matters, and your spouse is willing to cooperate in the process, you can proceed with an uncontested dissolution. For this most basic procedure, you, and possibly your spouse, will be required to attend a court hearing. The judge will ask some questions, to be sure you understand and agree to everything, and will enter a Decree of Dissolution of Marriage. If you and your spouse cannot reach an agreement, you will have a contested dissolution, which become much more complex.
Grounds for divorce
Grounds are legally recognized reasons to get a dissolution and sever the marital relationship. Connecticut has what are commonly called no-fault grounds for dissolution. There are two no-fault grounds. For one you would state in the Petition that: “The marriage of the parties has broken down irretrievably.” In order to use this ground, your spouse would need to either sign a court document or appear in court and testify that the marriage is irretrievably broken. For the other ground you would state: “The parties have lived apart by reason of incompatibility for a continuous period of at least eighteen months immediately prior to the service of the complaint and that there is no reasonable prospect of reconciliation.”
There are also numerous fault-based grounds for dissolution, such as adultery, the marriage coming about as a result of fraud, desertion for at least one year, absence of your spouse for at least 7 years, alcohol abuse, “intolerable cruelty,” “commission or conviction of an infamous crime involving a violation of conjugal duty and imprisonment for at least one year,” and” confinement for psychiatric disabilities for at least five years.” However, in most cases, there is no reason to use any of these, since they add complexity to the process by requiring proof.
Property division in Connecticut
Your property and debts will need to be divided. You and your spouse may reach an agreement and file a property settlement with the court. If the judge must decide the matter, the following factors will be considered:
Alimony in Connecticut
In deciding whether to award alimony, as well as the amount and duration of alimony, the judge must consider:
Child custody in Connecticut
If you and your spouse have any minor children, there will have to be a custody determination. Connecticut custody law allows for either sole custody to one parent or joint custody. Joint custody is favored, especially where the parents reach a custody agreement. It basically comes down to figuring out how the children’s time will be divided between the parents, and how decisions will be made. If you and your spouse cannot reach an agreement on these matters, the judge will decide the issue by determining what is in the child’s best interest, and may consider the following factors:
Child support in Connecticut
Children must be financially supported. This almost always results in one parent paying money to the other. Child support takes into account the needs of the child, and each parent’s ability to meet those needs. This is done by reading a chart contained in the Connecticut Child Support and Arrearage Guidelines, which should be available from your Superior Court.
Miscellaneous matters
A Decree of Dissolution of Marriage may not be entered until 90 days after the date the defendant is required to file a response. Either party may have his or her birth name or a former name restored in the Decree of Dissolution of Marriage. In order to explore the possibility of reconciliation, either party may ask the court for a conciliation order, which will require at least two counseling sessions.
If you and your spouse agree on the major issues, an online divorce may be right for you. Otherwise, you can talk to an attorney to get advice or help filing for divorce with the LegalZoom personal legal plan.
You may also like
What Does 'Inc.' Mean in a Company Name?
'Inc.' in a company name means the business is incorporated, but what does that entail, exactly? Here's everything you need to know about incorporating your business.
October 9, 2023 · 10min read
How to Write a Will: A Comprehensive Guide to Will Writing
Writing a will is one of the most important things you can do for yourself and for your loved ones, and it can be done in just minutes. Are you ready to get started?
July 21, 2024 · 11min read