Connecticut Divorce FAQ
Q: What are the grounds for divorce in Connecticut?
A: A decree of dissolution of marriage shall be granted upon a finding that:
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The marriage has broken down irretrievably;
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The parties have lived apart due to incompatibility for eighteen months with no reasonable prospect of reconciliation;
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Adultery;
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Fraudulent contract;
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Willful desertion for one year with total neglect of duty
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Seven years absence with no contact;
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Habitual intemperance;
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Intolerable cruelty;
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Sentence to life imprisonment or conviction of infamous crime involving violation of conjugal duty punishable by more than one year in prison;
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Legal confinement in mental institution for five years within the the six years prior to filing. CGSA 46b-40
Q: Do both spouses have to agree that they want a divorce?
A: No. It is possible for only one spouse to claim that the marriage has irretrievably broken down, even if the other file a divorce?
Q: What court grants divorce?
A: The Connecticut Superior Court has exclusive jurisdiction of all complaints seeking a decree of annulment, dissolution of marriage, or legal separation. CGSA 46b-42
Q: What is the difference between an annulment, a legal separation, and a divorce?
A: An annulment is a court order that nullifies, abolishes, and makes void a marriage and establishes that a marital status never existed.
A legal separation is a court order that arranges the terms (custody, support, etc.) under which a married couple will live separately.
A divorce is a legal separation of man and wife, effected by the judgment or decree of a court that either totally dissolves the marriage relation, or suspends its effects so faras concerns the cohabitation of the parties.
Q: Do I have to live in Connecticut to obtain a Connecticut Divorce?
A: A decree of dissolution of marriage will only be given by the court if:
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At least one of the parties to the marriage has been a resident of Connecticut for one year prior to filing of the complaint of the date of the decree, or;
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One of the parties was domiciled in Connecticut at the time of marriage and returned to the state with the intention of remaining indefinitely prior to the filing of the complaint, or;
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The cause of the divorce arose after either party moved into Connecticut. CGSA 46b-44
Q: How quickly can I obtain a Connecticut Divorce?
A: There is a ninety day waiting period from the date of return on the complaint for dissolution before the court will hear and grant a dissolution of marriage. CGSA 46b-67
Q: Does Connecticut have a simplified divorce proceeding?
A: The court may grant a request for dissolution of marriage if:
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The parties execute a written stipulation that the marriage has broken down irretrievably, or;
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The parties appear in court and stipulate that the marriage has broken down irretrievably and the parties have submitted an agreement covering all issues regarding the custody, care, education, visitation, and support of any minor children and all issues relating to alimony and division of property. CGSA 46b-51
Q: What if my spouse and I decide not to go through with the divorce?
A: On or after the return day of a complaint for dissolution of marriage and prior to the expiration of the ninety day waiting period before the issuance of a decree of dissolution, either may request conciliation for the purpose of exploring reconciliation or resolving conflicts which might continue after the granting of a decree of dissolution. Conciliation requires a mandatory two session consultation with a conciliator regarding the issues of reconciliation or conflict resolution. CGSA 46B-53a
Q: Do I need an attorney?
A: In all except the simplest divorces, you will need to hire an attorney. Simple divorces generally are defined as those in which the couple has no children, the couple has divided property and assets to their satisfaction, and neither spouse wants any monetary support.
Q: If so, can my spouse and I use the same attorney?
A: No. An attorney cannot ethically represent more than one client in a case where there is the possibility of conflict of interest between those clients.
Q: What are the different professional legal services and options available to my spouse and I if we need legal assistance for our divorce?
A: There are three main legal avenues in which a divorcing couple might proceed: litigation, mediation, or collaboration:
In litigation, attorneys take a leadership role throughout the divorce process, using court procedure, settlements, and trials, while remaining the only medium through which their clients communicate their wishes. The litigation process is emotionally and financially draining, and can be extremely lengthy. It works towards win-lose resolutions which are usually beneficial to only one of the parties. The path itself is conflicted and adversarial and tends to be destructive for the clients, mutual friends, and any children which may be involved.
In mediation, parties work together with a neutral third party, usually a lawyer or mental health professional. This person, acting as a mediator, helps both parties reach a mutual agreement, without giving either party individual legal advice. Both parties may retain personal lawyers for independent consultation. The mediator may or may not process the divorce. If not, the parties can hire a separate attorney to review their agreement, before taking it to court, themselves. This process places less stress on the clients and is not as costly as litigation.
With collaboration, parties retain individual attorneys who agree in advance with the clients, not to use litigation. The backbone of collaborative divorce, this contractual agreement, if broken, will result in termination of the process and withdrawal of the attorneys. In this option, both parties agree to work together with the help of their attorneys to create a resolution that is mutually satisfying and fairly reaches the needs and interests of the clients. Collaboration tends to reduce stress, costs and time delays prevalent in litigation while helping clients achieve the best possible resolution.
Q: What is the difference between a contested and an uncontested divorce?
A: In most cases, divorces are uncontested. In an uncontested divorce, both spouses negotiate and agree on a settlement, which takes into account all aspects of the divorce, including property division, child custody and visitation, support payments and/or alimony. Then together, they present their settlement to the court, where the judge reviews it and grants the divorce. In some cases, however, spouses and their attorneys cannot reach an agreement on either all or part of the divorce. In these instances, the couple must go to a hearing or trial, where the judge makes the final decision. The judge’s decision is resolute regardless of whether it is satisfying to either or both spouses. The contested divorce is always more expensive, as it takes more time and the involvement of a judge to make your divorce decisions.
Q: How is alimony awarded in Connecticut?
A: Alimony may be awarded to either spouse after consideration of the following factors.
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The length of the marriage;
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The cause of the dissolution, annulment or separation;
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The age, health, and station of each party;
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The occupation, amount and source of income of each party;
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The vocational skills and employability of each party;
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The estate and needs of each of the parties;
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The desirability of a custodial parent obtaining employment.
The court may also order a party to the divorce to obtain life insurance as security to pay alimony. CGSA 46b-82
Q: How does the state of Connecticut act in regards to the distribution of property?
A: Connecticut is an equitable distribution state, which means that after setting aside to each spouse that spouse’s separate property, the court shall divide the marital property between the parties as it deems equitable and just, after consideration of the following factors:
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The length of the marriage;
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The cause of the dissolution, annulment or separation;
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The age, health, and station of each party;
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The occupation, amount, and source of income of each party;
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The voactional skills and employability of each party;
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The estate, liabilities, and needs of each of the parties;
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The oportunity of each party for future acquisition of capital assets and income;
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The contribution of each party to the acquisition, preservation or appreciation of each party’s estate. CGSA 46b-81
Q: Who decides where my children will live?
A: The court will consider the best interest of the child in determining issues relation to custody of minor children. There is a presumption that joint custody is in the child’s best interests. If the child is of sufficient age and is capable of forming intelligent preferences, the court shall consider the child’s wishes as to custodial arrangements.
Q: How is child support determined?
A: Connecticut has enacted child support guidelines which establish presumptively correct amount of child support to be paid. Any deviation from the guidelines must be accompanies by a written finding that the application of the guidelines would be inappropriate in the particular case. CGSA 46b-84
Please visit http://www.jud.state.ct.us/faq/child.html for clarification on any general questions you may have regarding child support.
Q: How do I obtain a name change?
A: The court, upon request, may change the name of either spouse to that spouse’s former or maiden name. CGSA 46b-63
Q: Can I obtain a name change for my children?
A: Name changes for children must occur in Probate Court as the judge in the divorce court does not have the authority to do so. Normally, if both parents agree to the name change, the judge in the Probate Court will grant the request.
Q: Do grandparents receive visitation?
A: The court may grant visitation of a child to any person, upon finding that such visitation would be in the child’s best interest. Grandparents do not have special visitation rights. CGSA 46b-59
