Connecticut practices liberal Government laws, it has both no-fault and fault divorce grounds.
Connecticut is the 5th lowest state with the divorce rate of 2.9% per 1,000 of population. Annulments are rare in Connecticut, because the marriage must be proved null which normally doesn’t happen in the state. According to Connecticut family court laws, an individual, striving for obtaining or giving divorce, must bring the declared grounds before the docket of the court.
Divorce Grounds in Connecticut
Divorce grounds in Connecticut are divided into:
No-Fault Divorce Grounds in Connecticut
No-fault divorce grounds in Connecticut are:
Irretrievable Breakdown of Marriage
Irretrievable breakdown of the marriage stands for a marital relationship’s breakdown beyond any prospect of reconciliation. You and your spouse can file for divorce if so is the case under this divorce ground in Connecticut.
When one or both of the spouses feel that they are not compatible. Incompatibility is a valid no-fault divorce ground in Connecticut.
Fault Divorce Grounds in Connecticut
Following are the fault divorce grounds in Connecticut:
Having sexual relationship with a person, other than a spouse, is a divorce ground in Connecticut.
Willful desertion is another fault divorce ground in Connecticut. If a spouse is deserted for one year or more, he or she can file for divorce.
Absence of Either Party
If a husband or wife is absent for a period of seven years or more and have not been heard from, his or her spouse can file for divorce under this divorce ground in Connecticut.
Physical or verbal abuse is a legitimate divorce ground in Connecticut.
Confinement for Mental illness
Confinement for mental illness for five or more years is a divorce ground in Connecticut.
Imprisonment of a spouse validates the other spouse’s claim for divorce. An offense against the law is a divorce ground in Connecticut.
Fraudulent activities are strictly prohibited in Connecticut and are a fault divorce ground in Connecticut. If a spouse misrepresented him or herself to get married, the other spouse can seek divorce.
Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Connecticut.
Connecticut Divorce Laws
Connecticut has following divorce laws:
Either spouse filing for divorce should meet the residency requirements as set by Connecticut divorce laws, which are:
- Either spouse should be a permanent resident of state of Connecticut for almost a year
- Secondly one of the parties should have his or her domicile made for the state of Connecticut and planned to live here permanently after marriage,
- Thirdly even though either party was not the resident of the state of Connecticut but planned to disband the marriage after moving in the state.
Documents Required to File Divorce
According to Connecticut divorce laws, there are two essential documents required to file for divorce. They are:
- Complaint for Dissolution of Marriage and
- Decree of Dissolution of Marriage
Other than these some other secondary documents include:
- Notice of Automatic Court Orders
- Case Management Agreement and
- Dissolution of Marriage Report
Distribution of Property
The property distribution, according to the Connecticut divorce laws, is based on fair basis. The factors considered, for deciding this issue are
- The duration of marriage
- Reason for divorce
- Expertise of both the parties
Change of Name or Restoration of Name
On request of either party the court allows taking up of the pre-marriage name after the petition for divorce is filed.
Both parties work with one neutral mediator to come to an agreement with respect to property division, custody and visitation and other issues
Court awards alimony from case to case basis. Connecticut divorce laws are in favor of taking in account following factors before deciding alimony issue:
- The duration of marriage
- Reason for divorce
- A parent to whom the custody of minor children has been awarded
- The desirability of such parent’s securing employment
To protect the child from an emotional trauma, when both the spouses are unable to agree, the court decides child custody issue.
Connecticut divorce laws handle child support according to the Income Shares Model for child support. The monthly support amount is divided proportionally according to each parent¹s income.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.
Connecticut Annulment Laws
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. In Connecticut, annulment is a more sought after option since it does not involve a waiting period of 90 days which is mandatory in a divorce.
Under Connecticut annulment laws, the grounds for annulment are:
If you spouse was already married when s/he gets married you, your marriage wont be recognized by the state of Connecticut. It is called bigamy. Bigamy is a ground for annulment under the Connecticut annulment laws.
According to Connecticut annulment laws, consanguinity means getting married to a close relative like, child, father, mother, sister, uncle or aunt. Marriage with a blood relation is void and can be annulled according to the dictates of Connecticut annulment laws.
The term duress 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 is a legal Connecticut annulment ground. 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 is also a lawful Connecticut annulment ground. A physical incapacitation, if hindering you from having a normal married life, can be used as a ground for annulment under the Connecticut annulment laws.
If your spouse has complete or partial mental disability, and it is disrupting the married life, you can obtain Connecticut annulment.
Connecticut Divorce Laws Frequently Asked Questions
- 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 month period of residency.
- What if my spouse doesn’t live in Connecticut?
You can still file for divorce.
- How soon can I be rid of my marriage?
Connecticut divorce law has 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 than that, then you will simply need to wait for the return date to complete. However, divorce cases are hardly 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 the Connecticut divorce law has two important considerations that the court takes into account before granting divorce. Firstly, the couple must be separated for 18 months before being granted 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, ask yourself is it advisable to represent yourself in court. Connecticut divorce lawyers have in depth knowledge of the legal system that you will 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.