Divorce Laws in Connecticut

Divorce in Connecticut: Laws, Attorneys & Family Lawyers

When it comes to the divorce rate in the United States, Connecticut ranks fifth lowest with only 2.9% of the population filing for divorce. This is likely because the state has both no-fault and fault divorce laws in place, making it more difficult for couples to end their marriages. Annulments are also rare in the state, as marriages must be proved null for them to be granted.

No-Fault Divorce Grounds in Connecticut

• Irretrievable Breakdown of Marriage: This is when a marital relationship has broken down beyond any chance of reconciliation.
• Incompatibility: When one or both spouses feel that no longer compatible.

Fault Divorce Grounds in Connecticut

• Adultery: Having sexual relations with someone other than your spouse.
• Willful Desertion: When one spouse deserts the other for one year or more.
• Absence of Either Party: If a husband or wife is absent for seven years or more and have not been heard from.
• Intolerable Cruelty: Physical or verbal abuse is a valid divorce ground.
• Confinement for Mental Illness: Confinement for mental illness for five or more years.

For couples in Connecticut who are considering divorce, it’s important to understand the state’s laws and the potential pitfalls of the process. It’s recommended that anyone looking to file for divorce seek out the help of a qualified family lawyer or attorney to ensure that all their rights are protected throughout the process.

Imprisonment: 

When a spouse is imprisoned, it validates the other spouse’s claim for divorce. No matter if the crime was a misdemeanor or felony, any offense against the law is a divorce ground in Connecticut.

Fraudulent Contracts: 

Fraudulent activity is also strictly prohibited in Connecticut, and is a fault divorce ground if one spouse misrepresented themselves to get married. If this is the case for you, then you can pursue a divorce.

If you are considering divorce in Connecticut, it is important to understand the grounds for divorce in the state. For detailed information regarding divorce grounds in Connecticut, contact a professional divorce attorney or divorce lawyer.

Understanding Connecticut Divorce Laws

Navigating the divorce process can be overwhelming. To make it easier, here’s an overview of the Connecticut divorce laws that you’ll need to know.

Residency Requirements

If you’re filing for divorce in Connecticut, you must meet the following residency requirements set by the state:

• Either spouse must be a permanent resident of Connecticut for at least one year.
• Either spouse must have an established domicile in Connecticut and intended to remain in the state after the marriage.
• Either spouse must have moved to Connecticut with the intention of ending the marriage.

In addition to the basic forms, Connecticut divorce laws require a few additional documents. These documents include:

• Complaint for Dissolution of Marriage
• Decree of Dissolution of Marriage
• Summons
• Notice of Automatic Court Orders
• Appearance
• Case Management Agreement
• Dissolution of Marriage Report

Distribution of Property

The distribution of property in a Connecticut divorce is based on what the court deems to be fair. Factors court may consider include:

• The duration of the marriage
• Age of the spouses
• Health of the spouses
• Reason for the divorce
• Occupation of the spouses
• Skills and expertise of the spouses

Name Change or Restoration of Name

At the request of either spouse, the court will allow a name change or the restoration of a pre-marriage name after the divorce petition has been filed.

Mediation Counseling

In some divorce cases, both spouses may agree to work with a neutral mediator to come to an agreement on property division, child custody and visitation, and other issues.

Alimony

The court can award alimony on a case-by-case basis. When deciding the alimony issue, Connecticut divorce laws take into account factors such as the duration of the marriage, age, health, reason for divorce, occupation, and whether one spouse has custody of minor children.

Child Custody and Support

If both spouses cannot agree on child custody, the court will decide on the issue. Connecticut divorce laws use the Income Shares Model to determine child support. The monthly support amount is divided proportionally according to each parent’s income.

Connecticut Annulment Laws:

If you’re considering annulment in Connecticut, you should know that this option is only available in certain circumstances. According to Connecticut annulment laws, annulment is termination of an already void marriage. In Connecticut, annulments are rare and to get an annulment one must prove that the marriage is null, void or voidable. This can be a more attractive option than a divorce, as it doesn’t involve a mandatory waiting period of 90 days.

Grounds for Annulment in Connecticut

Under Connecticut annulment laws, there are several key grounds for annulment. These are:

• Bigamous Marriage: If your spouse was already married when they married you, your marriage won’t be recognized by the state of Connecticut. This is known as bigamy – and it’s a ground for annulment under Connecticut annulment laws.
• Consanguinity: This means getting married to a close relative, like a child, father, mother, sister, uncle or aunt. Marriage with a blood relation is void and can be annulled according to Connecticut annulment laws.
• Duress: This refers to inducing or threatening someone into marriage. A marriage not based on mutual assent of both the parties is null and void and can be annulled in Connecticut.
• Misrepresentation: If your spouse has misrepresented him or herself or made a false promise at the time of marriage, you can file for annulment in Connecticut.
• Physical Incapacitation: If physical incapacitation is hindering you from having a normal married life, it’s a grounds for annulment under Connecticut annulment laws.
• Mental Disability: If your spouse has complete or partial mental disability, and it is disrupting the married life, you can obtain Connecticut annulment.

If you’re considering annulment in Connecticut, it’s important to understand the grounds for it and the process involved. Speak to a lawyer to ensure you meet the criteria and your rights are protected.

Connecticut Divorce Laws Frequently Asked Questions

If you’re considering filing for divorce in Connecticut, you may have a number of questions. In this article, we’ll answer some of the most commonly asked questions about Connecticut divorce law.

How long do I have to live in Connecticut before I get a divorce?

You can file for divorce anytime as long as one of the spouses is a resident of the State. However, the judgment will only be announced at the completion of 12 months of residency.

What if my spouse doesn’t live in Connecticut?

You can still file for divorce. In this case, the court will require you to provide proof that you have made attempts to contact your spouse and have been unsuccessful.

How soon can I be rid of my marriage?

Connecticut divorce law has a waiting period of 90 days called the return date which is part of the case management program in Connecticut. If you or your spouse has been domiciled for a 12 month period or more, then you will simply need to wait for the return date to complete. However, divorce cases are rarely ever decreed on the first case management conference.

If my spouse and I are separated can we get the divorce more easily?

For separated couples, Connecticut divorce law has two important considerations that the court takes into account before granting a divorce. Firstly, the couple must be separated for 18 months before being granted a divorce. And lastly, there must be incompatibility issues that the couple fails to resolve.

What is the filing fee for divorce?

The court filing fee in Connecticut is $22.

What do divorce attorneys in Connecticut charge for their services?

Most Connecticut divorce lawyers charge their clients per hour, though there are a few Connecticut divorce lawyers who charge a flat fee.

How much will I have to pay per hour to a Connecticut divorce lawyer?

The Connecticut divorce lawyer normally charge between $150 and $400 in Connecticut.

I am able to represent myself in court, can I do that?

Absolutely, you can represent yourself in court. But it’s worth asking yourself: “Is it advisable to represent myself in court?” Connecticut divorce lawyers have in depth knowledge of the legal system that you may not be able to match.

My spouse and I will hire the same Connecticut divorce lawyer to represent our divorce in court, is that legally allowed?

No, that is simply not going to happen. The Connecticut divorce law requires that both spouses are separately represented in court.

Are common laws legal in the State?

No, common laws have no legal status according to the Connecticut State law.

Is Connecticut a No-Fault State?

Yes, Connecticut is a no fault State and the Connecticut divorce law allows both divorce on grounds and no fault divorces.