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Filing for Divorce in Connecticut


Filing for Divorce in Connecticut


Getting a Divorce in Connecticut? Divorce Law Cheat Sheet for the State of Connecticut


By DIVORCE360.COM STAFF

1. What are the residency requirements for filing for divorce in Connecticut?  
To file for a divorce in Connecticut, your or your spouse lived in Connecticut for at least one year before filing for divorce, unless: 
  • One of you lived in Connecticut at the time of the marriage, moved away, and then returned to the state to live permanently before filing for divorce the marriage broke down after you.
  • Or your spouse moved to Connecticut.
  • If you are in the military and stationed outside of Connecticut, but lived in Connecticut at the time of your enlistment , then your  time outside the state will count toward your residency requirement.
Connecticut General Statutes Sec. 27-103  

2. Does Connecticut have a waiting period?       
You must wait a minimum of 90 days after the return date on the complaint for the Court to enter a judgment.


3. Do I have to prove to the Court what caused the marriage to break down?
No, in Connecticut there is no-fault divorce. This means the court will grant your divorce without proving who caused the breakdown. Fault can be used by the court to formulate alimony orders and property division. If you do not seek a no-fault divorce, you will have to prove fault. Grounds for divorce in which one of you must be found at fault include: 
  •  Your spouse committed adultery — had an affair.
  •  There was something fraudulent about your marriage.
  •  Your spouse has deserted you and been gone for more than a year.
  •  You haven't seen or heard from your spouse in seven years.
  •  Your spouse is habitually drunk.
  •  Your spouse is intolerably cruel.
  •  Your spouse has been sentenced to prison for life or committed a crime that violates your "conjugal" relationship and lands him or her in jail for more than a year.
  •  Your spouse has been legally confined to a hospital or institution for mental illness for a total of five of the past six years.

The Court willl grant your no-fault divorce if you can tell the Judge three things:
  • Your marriage has broken down irretrievably 
  • You and your spouse have reached an agreement  that addresses the custody, care, education, visitation and support of your children (if any), as well as alimony and a fair division of your property and debts,
  • You voluntarily entered the agreement, you understand its terms and  the agreement seems fair to the court. 


4. How does Connecticut determine the division of property?    
You and your spouse are encouraged to come up with a settlement on your own and present it to the court. If you can't agree, the court will divide your property for you.  In Connecticut, the court has the power to assign to either spouse all or any part of the estate of the other. Depending on the circumstances, the court can give your property to  you or your spouse. For example, the court can order your house be sold and the proceeds divided among the parties. Or, the court can award the entire house to either party.

To decide all of this, the court will consider:

  • How long you were married.
  • The cause of your divorce.
  • You and your spouse's ages and health.
  • You and your spouse's occupations, incomes and sources of income.
  • You and your spouse's skills and employability.
  • You and your spouse's assets, debts and needs.
  • You and your spouse's opportunities to earn future income
  • You and your spouse's individual contributions toward the acquisition or appreciation in the value of your property.
  • You and your spouse’s lifestyles.

 
5. Does Connecticut require mediation before a divorce is granted? 

Mediation is not a requirement in Connecticut, though it may be ordered by the Court to address property, financial, child custody and visitation issues.


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