Connecticut Divorce
Information and FAQ
A complaint for dissolution of marriage may be filed at any time
after either spouse has established residency with the State of
Connecticut. A decree of dissolution of marriage will not be issued
by the court however, until:
1. At least one of the parties to the marriage has been a
resident of the state for one year prior to the filing of the
complaint of the date of the decree, or;
2. One of the parties was domiciled in the state at the time of
marriage and returned to the state with the intention of remaining
indefinitely prior to the filing of the complaint, or;
3. The cause of the divorce arose after either party moved to the
state. CGSA 46b-45
Grounds for divorce A decree of dissolution of marriage shall be
granted upon a finding that:
1. The marriage has broken down irretrievably; 2. The parties
have lived apart due to incompatibility for eighteen months with no
reasonable prospect of reconciliation; 3. Adultery; 4. Fraudulent
contract; 5. Willful desertion for one year with total neglect of
duty; 6. Seven years absence with no contact; 7. Habitual
intemperance; 8. Intolerable cruelty; 9. Sentence to life
imprisonment or conviction of infamous crime involving violation of
conjugal duty punishable by more than one year in prison; 10. Legal
confinement in mental institution for five years within the six
years prior to filing. CGSA 46b-40
Waiting period 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 Name of court
and title of action/parties An action for dissolution of marriage in
the State of Connecticut is filed in the Superior Court. The title
of the action initiating dissolution of marriage proceeding is
called a Complaint for Dissolution of Marriage, while the title of
the action granting the dissolution of marriage is referred ot as
the Decree of Dissolution of Marriage. The party filing the action
for dissolution of marriage is called the Plaintiff, while the other
party is referred to as the Defendant. CGSA 46b-42
Simplified divorce proceeding The court may grant a request for
dissolution of marriage if: 1. The parties execute a written
stipulation that the marriage has broken down irretrievably, or;
2. The parties appear in court and stipulate that the marriage
has broken down irretrievalby 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
Legal separation A decree of legal separation will be granted in
the State of Connecticut for the same grounds as a decree of
dissolution of marriage. CGSA 46b-40
Conciliation/mediation On or after the return day of a complaint
for dissolution of marriage and prior to the expiration of the
ninety day waiting period prior to issuance of a decree of
dissolution, either party 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 two mandatory consultation sessions with a professional
regarding the issues of reconciliation or conflict resolution.
Mediation may also be ordered by the court to resolve such things as
property, financial, child custody and visitation issues. CGSA
46b-53, 46b-53a
Alimony Alimony may be awarded to either spouse in the State of
Connecticut after consideration of the following factors: 1. The
length of the marriage; 2. The cause of the dissolution, annulment
or separation; 3. The age, health, and station of each party; 4. The
occupation, amount and source of income of each party; 5. The
vocational skills and employability of each party; 6. The estate and
needs of each of the parties; 7. The desirability of a custodial
parent obtaining employment. CGSA 46b-82
Distribution of property 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:
1. The length of the marriage; 2. The cause of the dissolution,
annulment or separation; 3. The age, health and station of each
party; 4. The occupation, amount and source of income of each party;
5. The vocational skills and employability of each party; 6. The
estate, liabilities and needs of each of the parties; 7. The
opportunity of each party for future acquisition of capital, assets
and income; 8. The contribution of each party to the acquisition,
preservation or appreciation of each party's estate. CGSA 46b-81
Child Custody The court will consider the best interests of the
child in determining issues relating 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. The court may also take
into account the causes of the dissolution if such causes are
relevant. The non-custodial parent shall not be denied access to the
academic, medical or other records of the child, unless otherwise
ordered by the court. CGSA 46b-56 Child support Either parent may be
ordered to pay child support after consideration of the following
factors:
1. The age, health, station, occupation, earning capacity, amount
and sources of income, estate vocational skills and employability of
each of the parents, and;
2. The age health, station, occupation, educational status and
expectation, amount and sources of income, vocational skills,
employability, estate and needs of the child.
Connecticut has enacted child support guidelines which establish
the presumptively correct amount of child support to be paid. Any
deviation from the guidelines must be accompanied by a written
finding that the application of the guidelines would be inequitable
or inappropriate in the particular case. CGSA 46b-84, 46b-215b
Name change The court, upon request, may change the name of
either spouse to that spouse's former or maiden name. CGSA 46b-63
Grandparent visitation The court may grant visitation of a child to
any person, upon a finding that such visitation would be in the
child's best interests. CGSA 46b-59
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