Connecticut Divorce Laws

Divorce is a complicated process, and the confusing divorce laws in Connecticut do not make it any simpler. To ease the task as you prepare for the dissolution of marriage, we have put together an overview of the most important Connecticut divorce laws and requirements and will explain them in this article. You will also learn how the uncontested dissolution of marriage can make a difference in your life and what our service can do to make it happen.

Connecticut Divorce Requirements

There are quite a few Connecticut divorce requirements that must be followed to file for divorce in the state.

Firstly, one of the spouses must have lived in Connecticut for at least 12 months before the divorce is filed. If the grounds for divorce happened in Connecticut and one spouse still lives in the state, the residency requirement may be waived (C.G.S. § 46b-44).

Secondly, CT divorce laws mandate that you choose one of the state-accepted grounds to end your marriage. The state recognizes fault and no-fault grounds for divorce. The no-fault ground is that the marriage has irretrievably broken down with no reasonable chance of reconciliation. Fault grounds include:

  • Adultery;
  • Fraudulent contract;
  • Willful desertion;
  • Seven years of absence with no contact;
  • Habitual intemperance;
  • Intolerable cruelty;
  • Sentence to life imprisonment;
  • Confinement in an institution for mental illness for at least 5 years.

It would also be necessary to gather or decide on the following information to fill in the dissolution of marriage forms:

  • The date of marriage
  • Place of marriage
  • Number of years living in Connecticut
  • Terms for child custody, if applicable
  • Terms for dividing marital property and debts.
  • Any prenuptial agreements or domestic partnership agreements.

Next, you need to follow the steps to divorce in Connecticut. After filing the petition, the other spouse must be legally served with notice of the proceedings. Once a mandatory 90-day waiting period elapses, you can finalize your dissolution of marriage in Connecticut. If you order paperwork from our service, you will also receive instructions detailing this process with more nuance.

What Are the Divorce Laws in Connecticut?

There are several key Connecticut divorce laws related to issues such as property division, alimony, and child custody and support that apply in both contested and uncontested dissolution of marriage:

Title 46b, Chapter 815 cover dissolution of marriage, legal separation, and annulment proceedings. It establishes the recognized grounds for divorce, residency requirements, serving procedures, waiting periods, etc.

Connecticut divorce laws provide for the equitable distribution of real and personal property in a divorce. It aims for a fair division based on each spouse’s contribution during the marriage and other factors outlined in C.G.S. § 46b-81.

The court can order either spouse to pay spousal support to the other party during or after a divorce. Factors considered in deciding on its eligibility, amount, and duration include causes for divorce, age, income, employability, needs, and debts. Alimony usually ends upon remarriage of the receiving party or the death of either spouse (C.G.S. § 46b-82).

The court determines custody based on the best interests of minor children. Joint or single custody is possible, yet if possible, joint decision-making is preferred. Visitation rights are also established after considering factors like children’s physical and emotional safety, needs, and wishes, parents’ ability, disposition, and desire to meet kids’ needs, relationships between children and parents, etc. (C.G.S. § 46b-56 and 46b-56a).

Since the maintenance of minor children is the responsibility of both parents, the court distributes child support obligations in accordance with both parties’ abilities (C.G.S. § 46b-84).

A few other important divorce laws in CT include:

Understanding what are the divorce laws in Connecticut is vital before filing. This may influence the agreements you make with your spouse and your decisions on what to request from the court. Following due process based on the Connecticut divorce laws will allow you to not only end your marriage without involving a lawyer but also do so with minimal expenses and time spent.  

FAQ

The key divorce laws in Connecticut relate to requirements for residency (at least 12 months), grounds for divorce (both fault and no-fault), equitable division of property, alimony, child custody, 90-day waiting period, and mediation. The legal statute is Connecticut General Statutes Title 46b, Chapter 815.

Yes, Connecticut allows fault grounds for dissolutionment of marriage, including adultery, fraudulent contract, desertion, absence for 7 years, habitual drunkenness, intolerable cruelty, life imprisonment, and confinement in a mental institution for 5+ years.

CT divorce laws provide for a fair division of marital assets and debts based on each spouse’s contribution during the marriage, as outlined in Section 46b-81. The court has the discretion to divide property equitably.

There is no legal separation requirement before filing for dissolution of marriage in Connecticut. However, there is a mandatory 90-day waiting period after filing before the divorce can be finalized.

Yes, Connecticut divorce laws allow for marriage annulments in certain cases like bigamy, mental incapacity, fraud, force, physical incapacity, or marriage between close relatives. Annulments legally void the marriage.