Grounds for Divorce in Connecticut
Marriage termination is a common occurrence, with marital problems being the most common reason for divorce. To file for dissolution of marriage, it is crucial to know what are the grounds for divorce in Connecticut – the legally acceptable reasons you can cite in the complaint. This information can help to identify and indicate the right grounds for divorce in CT in the context of your individual situation and influence the expectations you can set for your marriage dissolution.
This article provides an overview of the basic information about the grounds for divorce in Connecticut. It covers the legal reasons that can be cited when filing for dissolution of marriage in the state, lists the main reasons for divorce, explains if CT is a mixed or no-fault divorce state, and answers some frequently asked questions.
Legal Grounds for Divorce in Connecticut
Legal grounds for divorce in Connecticut can be no-fault and fault-based.
No-fault grounds for divorce that do not require any proof of the other party’s misdeed include:
- Irretrievable breakdown when the marriage has broken down irrevocably with no chance of reconciliation (C.G.S. § 46b-40(c)(1)).
- Incompatibility, which caused living apart for at least 18 months before filing the complaint (C.G.S. § 46b-40(c)(2)).
The list of fault-based grounds for divorce in CT is more extended, including 8 legal reasons for divorce acceptable in the state. They are as follows:
- Adultery, which is having intimate relations with someone other than one’s spouse. Physical evidence must be provided (C.G.S. § 46b-40(c)(3)).
- Fraudulent contract when consent to marry was obtained via deception (C.G.S. § 46b-40(c)(4)).
- Willful desertion of one spouse for at least a year (C.G.S. § 46b-40(c)(5)).
- 7 years absence of a spouse with no contact (C.G.S. § 46b-40(c)(6)).
- Habitual intemperance, which refers to alcohol or drug abuse (C.G.S. § 46b-40(c)(7)).
- Intolerable cruelty towards a spouse (C.G.S. § 46b-40(c)(8)).
- Life sentence or infamous crime that involves conjugal duty violation and entails a sentence to imprisonment for more than a year (C.G.S. § 46b-40(c)(9)).
- Confinement due to mental illness for at least 5 years within 6 years before filing the complaint (C.G.S. § 46b-40(c)(10)).
Anyone meeting the local residency requirements can file for marriage dissolution based on one of the legal grounds for divorce listed in Connecticut statutes. Nevertheless, in fault-based cases, they should be ready to provide valid evidence to prove the spouse’s wrongdoing. In no-fault cases, no such need exists and the legal process is generally simpler, which is why irretrievable breakdown is still the most popular Connecticut grounds for divorce in the state and across the country.
Mixed Divorce State
Connecticut is a mixed divorce state, meaning that a plaintiff can file for dissolution of marriage on both fault grounds (based on marital misconduct) and no-fault grounds.
In purely no-fault states, the only acceptable grounds are irretrievable marriage breakdown, spouses’ incompatibility, or irreconcilable differences between them. These are the most common reasons for divorce that do not require any evidence as proof of the respondent’s misdeed. They simply demonstrate that the marriage does not work and there is no chance to fix it.
Purely fault-based states do not exist, and most that offer fault-based grounds are actually mixed. With fault-based grounds, a serious reason for marriage termination must be cited, putting the blame on the other party for the ruined relationship. The biggest reasons for divorce based on marital fault tend to be adultery, domestic violence, intemperance, etc.
The main difference between these two options is that fault-based divorces are normally more complex and expensive and take longer to settle. On the other hand, one partner may put the blame on the other only to avoid appearing responsible for the marriage ending. No-fault divorce is usually simpler and more amicable if both agree the relationship collapsed despite nobody being directly at fault.
No-Fault Divorce in Connecticut
If you ask, “Is Connecticut a no-fault state for divorce?” the answer is technically affirmative because, in addition to a list of fault-based grounds outlined in the state’s statutes, a plaintiff may also cite reasons that do not blame any party but demonstrate their irreconcilable differences.
One of the grounds for a no-fault divorce in Connecticut is an irretrievable marriage breakdown that offers no possibility for reconciliation. Another reason is 18 consecutive months of living separately and apart due to incompatibility between the spouses that cannot be reconciled. In such cases, both parties agree that their marriage does not work and are not trying to find faults with the partner, blaming them for the ruined relationship.
No-fault divorce reasons simplify and speed up many cases. Uncontested no-fault divorces can typically be processed more quickly as both parties agree to the dissolution of marriage, and no one’s blame has to be proven in court.
A no-fault divorce in Connecticut, same as in other states, usually focuses on conflict resolution and pragmatic dissolution of the relationship rather than seeking to punish the guilty party. It can lower costs and stress compared to litigating over accusations of who did more wrongdoings during the marriage. Overall, Connecticut no-fault divorce emphasizes aiming for fair, workable solutions rather than determining blame or fault. Since irreconcilable differences tend to be the most common reasons for divorce these days, no-fault legislation simply codified this reality into law.
FAQ
The top reason for divorce in Connecticut is the irretrievable breakdown of the marriage, followed by incompatibility between the spouses.
Yes. Adultery can be cited as grounds for at-fault divorce in CT, with supporting evidence provided.
Not directly. However, it may be cited as a part of general irreconcilable differences if intimacy issues have permanently broken down the marriage.
Not on its own typically, unless it leads to irreconcilable differences or cruelty towards one of the spouses.
Yes. Willful desertion for a continuous period of at least a year is grounds for divorce in CT.
Not directly, but could be cited under irreconcilable breakdown or even intolerable cruelty if sufficiently severe. It is best to ask a lawyer about your options.
Yes. Adultery can be cited as grounds for at-fault divorce in CT, with supporting evidence provided.
Irretrievable breakdown covers cases where spouses have fallen out of love, so it would be considered part of this no-fault divorce reason.
Yes. Cases of habitual drug/alcohol addiction for longer periods can be grounds for divorce in the state.