Connecticut Divorce Laws

Divorce residency requirements

When applying for dissolution of marriage in Connecticut certain requirements must have be met. These are as follows:

  • At least one of the spouses has been living in the state for a period of no less than 12 months preceding the date of filing the claim.
  • One of the spouses was living in the state at the time of the marriage and returned with the intention of remaining in the state permanently when applying for divorce.
  • The reason for the breakup of marriage occurred after either of the spouses moved to the state.

Grounds for divorce

In order to apply for dissolution of marriage there must be good reason and the court in Connecticut will consider granting the divorce for the following reasons:

No-faults based grounds for divorce

  • Due to incompatibility the spouses have lived apart for a period of 18 months or more
  • The marriage has broken down and it cannot be resolved

Fault-based grounds for divorce

  • Fraud
  • Desertion for a period of 1 year or more
  • Adultery
  • An absence of 7 years in which the spouse has not been heard from
  • Mental or verbal intolerable cruelty
  • Imprisonment for at least 1 year
  • Mental illness that has lasted for a period of 5 years
  • Habitual intemperance

Division of property during divorce

Under the marital separation agreement, the spouses can divide assets such as property between themselves. However if they are unable to do this then the court will do it on their behalf. Connecticut is known as an equitable state, which means property will be divided fairly. They will consider the following:

  • Property will be assessed to determine which is classed as marital
  • A monetary value is then places on marital property and divided equitably
  1. Length of marriage is taken into account
  2. Cause for the annulment
  3. Cause for dissolution
  4. Health
  5. Occupation and income
  6. Employability

Child custody factors

The court will of course take into account many factors when granting child custody. They will always take into account what is in the best interests of the child. Here are some of the factors that are taken into account:

  • The child`s thoughts on custody will be taken into account when deciding who gets custody
  • The reasons for requesting a dissolution of marriage may be taken into account
  • Whether or not spouses have taken part in the parent education programme established pursuant to section 46b-69b
  • If the spouses have decided on joint custody then they must prove to the court that this is in the best interests of the child
  • Should the court decline to award joint child custody then must give reasons for the denial. Connecticut General Statutes – Title 46b – Chapter 56 and 84

Child support

Child support may be asked for based on the following and this applies to either of the spouses:

  • The financial resources of the child
  • The health, age and station in life of the parents
  • Each of the parents occupations
  • How much each spouse earns
  • The sources of income of each spouse
  • The employability of the child
  • The needs and estate of the child
  • The relative financial means and status of the parents