Connecticut Divorce

From LoveToKnow Divorce

Understanding Connecticut Divorce Laws

The Connecticut divorce laws help couples end their marriage, divide property and debts, and provide for the welfare of their children.

Connecticut Divorce

Residency Requirements

In order to file for a divorce in Connecticut, you must satisfy the residency requirements. In Connecticut, one of the spouses must be a resident of the state for at least 12 months. However, the divorce case can be started immediately once one spouse moves to the state with the intent of living there indefinitely. The law only requires that the spouse be in the state for the full 12 month period by the time the court issues the final judgment.

Grounds for Divorce

In Connecticut, you can claim the following as the grounds for divorce:

  • Irreconcilable differences
  • Adultery
  • Fraud
  • Intolerable cruelty
  • Imprisonment
  • Confinement due to mental illness
  • Living separately for 18 months

In a Connecticut divorce case, you can claim “no fault” by stating that the grounds for the divorce is irreconcilable differences.

Alimony

Spousal support in Connecticut is known as “alimony”. The court may grant alimony to either spouse, regardless of gender. You only get one shot at alimony in Connecticut.

If the court refuses to award alimony at the final hearing, and if alimony is not included in the final judgment, neither spouse can return to court in the future and request alimony due to a change in circumstance. This is the reason why many final divorce judgments in Connecticut award $1 a year in alimony. It preserves the right to revisit the alimony issue in the future if circumstances change.

The amount and duration of any alimony award is up to the court's discretion. Generally, the court will consider the length of the marriage, the age, health, income, education, and needs of each party. Also, Connecticut is one of the few states that allows the court to consider marital fault when deciding the alimony issue.

Dividing the Property

Connecticut divorce law requires a pure "equitable distribution" of the property. This means that all property of the parties is subject to distribution. This includes property that was acquired before the marriage. The following are the factors that the court will consider when dividing the property:

  • Length of the marriage
  • The cause for the divorce and whether either party is at fault
  • The age, health, occupation, and employability of each party
  • The needs of each of the parties
  • The contribution of each of the parties in the acquisition, preservation or appreciation value of the property.

The court also considers the value of the homemaker's services when dividing property. In brief marriages, the court will try to divide the property so that the parties are in the same financial condition as they were before the marriage. In longer marriages, the court will try to divide the property 50-50. Ultimately, the division of property may vary widely from case to case depending on the court's analysis of the factors listed above.

Custody

Under Connecticut divorce law, the final divorce judgment must also resolve any issues of child custody. The court must follow the "best interests of the child" standard when deciding custody issues. The court will usually also take into account the child's preferences and as well as the fault of either party in contributing to the grounds for divorce.

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