Connecticut Divorce Laws

When a couple has decided to file for dissolution of marriage, it can be beneficial to understand some of the basic Connecticut divorce laws before filing the case. The Connecticut court may not just dissolve the marriage of the parties. A divorce case can determine many aspects of a person and family’s future, such as how children may be raised, who must pay alimony, and who is going to be responsible for debts.

About Suisman Shapiro Attorneys-at-Law

For over 80 years, Suisman Shapiro Attorneys-at-Law has represented individuals, families, and businesses throughout eastern Connecticut. Charles Suisman, Max Shapiro, and Louis Wool founded the firm over eight decades ago. Since that time, the firm has grown to become the largest law firm headquartered in eastern Connecticut, with attorneys concentrating in specific areas of law as Connecticut’s legal system has become more complex.

The Connecticut family law attorneys at Suisman Shapiro Attorneys-at-Law represent clients in divorce, custody, and property division matters, including cases involving complex financial and parenting issues.

Connecticut Divorce Laws

According to the Centers for Disease Control and Prevention, the divorce rate in Connecticut is 2.6 per 1,000 residents. According to another source, 9% of men and 12% of women are divorced in Connecticut. These individuals benefit from knowing the laws of divorce in the state.

Connecticut divorce law is primarily found in Chapter 815j of the Connecticut General Statutes, covering a number of issues related to divorce. Connecticut divorce law does not require that the spouses remain married for any minimum number of years.

The length of the marriage may become relevant when the court considers financial matters like property division and alimony. Couples in Connecticut can also file a joint petition for a less confrontational divorce if they meet particular legal prerequisites, but this simplified approach isn’t an option for everyone.

Who Can File for Divorce

Connecticut has residency requirements that must be met before the court can enter a dissolution judgment. Connecticut law generally requires a party to satisfy the statutory residency requirement before the court can finalize a divorce. There are exceptions, including when the cause for divorce occurred after either spouse moved into Connecticut and when a spouse lived in Connecticut when the marriage occurred and then returned to the state intending to stay.

The residency rules can be particularly important when the spouses have recently moved, have homes in more than one state, or married in Connecticut but then moved away. A Connecticut divorce attorney can evaluate whether the court has jurisdiction before the divorce case moves forward.

If you’re in southeastern Connecticut dealing with family law matters within the New London Judicial District, the Norwich courthouse at 1 Courthouse Square, Norwich, CT 06360, is a place where these cases can be heard. The courthouse can be accessed from Interstate 395 and serves communities throughout the region, including Norwich, Groton, New London, Waterford, Montville, and surrounding areas.

Legal Grounds for Divorce

Connecticut law provides for both no-fault and fault-based grounds for divorce. The most commonly used ground for divorce is irretrievable breakdown of the marriage. In Connecticut, you typically don’t need to demonstrate fault like adultery or abuse to show the marriage is over. Connecticut law also provides fault-based grounds for divorce. These include:

• Adultery
• Fraud
• Desertion
• Neglect
• Cruelty
• Seven years’ absence
• Life imprisonment
• Legal confinement in a hospital for a certain timeframe

The existence of a fault-based ground does not automatically control how property or custody may be decided. The facts of the case may be considered when determining outcomes for specific issues. The courts evaluate those issues under the statutes governing them rather than automatically award one spouse more property because the other spouse was at fault.

For example, a spouse who commits adultery may not be financially punished strictly because they had an affair. However, the other spouse may be awarded additional funds if the cheating spouse used significant marital funds to finance the affair without the other spouse’s knowledge.

Requirements to Finalize a Divorce

A Connecticut divorce must resolve the legal issues necessary for the court to enter a final judgment. Among the key points to consider are the division of joint property and debts, any potential alimony payments, custody arrangements for the children, visitation schedules, and child support obligations.

The spouses may reach a written settlement agreement addressing these issues. The court may decide disputed matters after hearings or trial if the parties cannot agree. Before the court can finalize the divorce, it has to check if the agreed-upon terms satisfy all the relevant legal standards.

Connecticut does not have a universal waiting period before a divorce can be finalized. Ultimately, the timeline for a divorce is shaped by the case’s specifics, the couple’s personal situations, their capacity for agreement on key issues, and the court’s involvement. Certain couples might opt for the less confrontational divorce process allowed by Connecticut statutes.

Legal Separation in Connecticut

Legal separation is an alternative to divorce for spouses who want a court order addressing their marital rights and responsibilities without at that time dissolving the marriage. Courts can issue decrees of legal separation based on the grounds recognized by the statute.

When legally separated, couples can resolve issues concerning property division, financial support, and parenting plans. Unlike a divorce, however, legal separation does not terminate the marriage. The spouses therefore remain legally married.

Legal separation may be an option when spouses want formal financial or parenting orders but wish to preserve the possibility of reconciliation or for other reasons where staying married is more beneficial.

The consequences of legal separation can vary significantly based on the family’s circumstances, so the spouses should understand the legal and financial consequences before choosing separation instead of dissolution.

Property Division Laws

Connecticut follows an equitable distribution model for marital property. According to the law, judges have the power to grant property to either party when a divorce is finalized. The statute sets out various factors the court may consider in exercising its discretion, rather than simply providing for a strict 50/50 split of marital assets. When dividing property, the court may consider the following:

• The length of the marriage
• Each spouse’s earning potential
• Education
• Vocational skills
• Income
• Each spouse’s needs
• Health concerns

The court may also consider the contribution of each spouse to the property being divided. Connecticut does not adhere to a strict community-property approach in this area. Since the court can grant property held by either party, properly identifying and valuing assets becomes a necessary first step before settlement negotiations can begin.

Debts should also be considered, as dividing assets without accounting for marital liabilities can lead to an incomplete financial picture.

Alimony Laws

Connecticut family courts may award alimony to either spouse. Alimony determinations take into account similar facts as property division considerations, such as the length of the marriage and each spouse’s earning potential. The court may also consider the property awarded to each spouse and, where relevant, the feasibility of employment for a parent with custody of minor children.

The length of an alimony award, as well as the amount, depends on the facts of the case and the evidence presented. The court does not automatically award alimony just because one of the spouses earns more money than the other. An award can be made as periodic payments or may be authorized under different terms by law.

In Connecticut, judges can also order temporary alimony and support while a divorce is still being processed. The temporary orders can provide for financial needs before a final judgment is entered.

Child Custody and Support

When divorcing parents have young children, the court is obligated to establish directives for custody, parental duties, and financial support, always prioritizing the children’s welfare. The law allows the court to award joint parental responsibility, sole custody, or another arrangement that the court determines is in the best interests of the child. The law lists a number of factors the courts may consider, including:

• The child’s safety
• Developmental needs
• Each parent’s relationship with the child
• The ability of each parent to meet the child’s needs
• Home and school life
• Each parent’s stability
• The presence of domestic violence, abuse, or neglect

Joint custody does not mean that a child must spend exactly half of every week with each parent. A parenting plan can specify a residential schedule, as well as allocate responsibility for making major decisions regarding important aspects of the child’s life.

Child support is determined by Connecticut law and applicable child support guidelines. Parents are legally bound to support their minor children based on what they can afford. A final child support order can address financial support as well as health insurance obligations. Additional child-related expenses may also be addressed by a court when authorized by law.

When to Hire a Divorce Lawyer

A Connecticut divorce lawyer can prepare and file the pleadings necessary to file or answer a divorce complaint, assess whether Connecticut’s jurisdiction and residency requirements are met, and determine what legal issues need to be resolved before a final judgment can be entered. A lawyer can also review financial records and identify assets and debts, analyze proposed property divisions and calculate or evaluate support issues, and prepare documents for settlement.

In a contested divorce, a lawyer can research legal issues and represent you in court. In a contested divorce, a lawyer can research legal issues, present evidence, cross-examine witnesses, respond to motions, and represent a spouse during a hearing or trial. For cases with kids, an attorney can aid in creating parenting schedules and sorting through custody and visitation disagreements.

When the spouses reach an agreement, a lawyer can review the terms and prepare court approval documents. Legal counsel can be especially crucial when a divorce involves a business, substantial assets, retirement accounts, disputed custody, significant income differences, or allegations of domestic abuse because Connecticut’s divorce statutes grant courts significant discretion in financial and parenting matters.

FAQs

What Is a Wife Entitled to in a Divorce in Connecticut?

A wife does not automatically receive half of everything in a Connecticut divorce. In Connecticut, property division is based on equitable distribution, which means the court weighs factors like how long the couple was married, what each person earns and could earn, their health and age, their individual needs, and what they’ve contributed to the shared assets.

What a wife receives in terms of property, alimony, retirement assets, or other financial aid can vary based on the individual circumstances.

What Assets Cannot Be Touched in a Divorce?

Connecticut courts have broad discretion when dividing property in divorce, so there is no broad category of assets that is automatically considered untouchable. Property that one spouse owned before marriage, inherited assets, or individually owned property may be treated differently, but the label does not necessarily prevent a court from considering or assigning that property.

What Are the Three C’s of Divorce?

The concept of the three C’s of divorce is not legally recognized under Connecticut divorce law. It is an informal phrase sometimes used to describe general concepts like communication, cooperation, and compromise during the divorce process.

These guidelines are helpful for resolving disputes, but they don’t dictate the final legal outcome. When it comes to dividing assets, awarding alimony, or settling custody and child support, Connecticut’s legal system follows established statutes.

What Is a Mistake Often Made During a Divorce?

One of the most common mistakes during a divorce is taking any major financial or parenting action before knowing the legal consequences. This might involve concealing assets, draining significant marital funds, making solo decisions about children, or agreeing to property or support terms without fully grasping the financial implications.

To protect their interests, spouses need to maintain relevant paperwork, comply with court directives, and grasp their rights before entering into agreements or making crucial choices.

Contact Suisman Shapiro Attorneys-at-Law Today

When a couple goes through a divorce, it is important to understand Connecticut divorce laws before entering into the legal process. This can help couples enter into the divorce process with ease and confidence. It also gives them the wisdom to know what to expect in the long run. If you are going through a divorce, hire a divorce lawyer at Suisman Shapiro Attorneys-at-Law right away. Contact us today for more information.