Divorce in Connecticut

Residency Requirements and Grounds for Divorce

Residency Requirements and Grounds for Divorce

Either you or your spouse may file for divorce, which is referred to as the "dissolution of marriage" in Connecticut. However, the divorce will not be finalized until one of you has been a Connecticut resident for one year. There are a couple of exceptions to this rule when:

One spouse was a resident of Connecticut at the time of the marriage and returned with the intention of permanent residence
The grounds for the divorce arose in Connecticut

The grounds for divorce in Connecticut include the traditional grounds as well as no fault grounds. The grounds for divorce are:

Irretrievable breakdown of marriage
Separation for 18 months
Adultery
Fraudulent contract
Willful desertion for one year with total neglect of duty
Seven years' absence and have not heard from spouse during that time
Habitual intemperance
Intolerable cruelty
Imprisonment for life
Infamous crime
Legal confinement because of mental illness for a periods adding up to five years within a period of six years

The divorce process begins when one spouse files a summons and complaint with the Superior Court in the judicial district where one spouse resides. Connecticut has a 90-day "cooling off" period after the commencement of the action and before a final judgment can be rendered.

After the complaint has been filed, either party can request temporary assistance or relief from the court in the form of temporary alimony, child custody and support. In addition, a spouse may request a restraining order against abuse and exclusive possession of the marital residence.

Simplified divorce procedures are available in Connecticut by proving the breakdown of the marriage in the following manner:

Spouses sign an agreement or statement that their marriage is irretrievably broken
Spouses state in court that their marriage is irretrievably broken and they submit an agreement regarding alimony; the disposition of property; and the care, custody, visitation, maintenance, support and the education of their children, if any

Dividing the Property

Connecticut is a pure "equitable distribution" state, which means that all property of the spouses is subject to distribution in a divorce. A court will consider the following factors when dividing assets:

Length of marriage
Causes for divorce
Age, health, station, occupation, amount and source of income, vocational skills, employability, estate, liabilities and needs of the spouses
Opportunity for future acquisition of capital, assets and income
Contribution of each spouse to the acquisition, preservation or appreciation value of the assets
Value of homemaker's services

Courts often attempt to restore the spouses to their pre-marital financial state when the marriage lasted only a short time. The property distribution is closer to a 50-50 split when the marriage lasted a long time.

It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth, and details such as account numbers, serial numbers and so forth. Collecting this information before you see a Connecticut divorce lawyer can save you a lot of time and money.

Alimony

A court can order alimony, as it deems reasonable, to either party in Connecticut. If alimony is not awarded at the final hearing, it can not be awarded later. In deciding whether to award alimony, a court will generally consider such factors as:

Length of the marriage
Age, health, station, occupation, amount and sources of income, vocational kills, employability, estate and needs of each spouse
The property settlement
Whether the custodial parent should work
The court may consider marital fault

Child Custody and Visitation

In Connecticut, the court will make a child custody award based upon what is in the best interests of the child. The court may also consider such factors as:

The child's preference
Child's relationship with each party
Which parent has demonstrated greater responsibility toward the child
The ability of each parent to provide for the child's physical, intellectual and emotional well-being
Which parent is more likely to foster frequent and continuing contact between the child and the non-custodial parent

Connecticut has a statutory presumption in favor of joint custody when the parents agree to it.

Child Support

In Connecticut, both parents are required to support their children according to their abilities. The amount of child support is fixed by a court in an amount determined by the court to be "fair and reasonable."

Child support is based on the combined net income of the parents and multiplying that figure by percentages that are stated in the child support guidelines. The percentages vary according to the number of children. The total child support obligation due is assigned to the parents according to the proportion of their individual contributions to the total income.

Courts may deviate from the guidelines when appropriate. Some of the factors courts may consider in setting support are:

Educational needs of either parent
Needs of the children presently supported by the noncustodial parent who are not subject to the current support action and whose support has not been deducted from the determination of the noncustodial parent's income
Extraordinary expenses incurred by the noncustodial parent in exercising visitation rights

A Connecticut child support order can be modified if there has been a substantial change in circumstances, such as a big increase or decrease in either parent's income or the child reaching the legal age of majority and graduating from high school.

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