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Divorce Residency Essentials to Get Divorce in Connecticut

The dissolution of marriage may be filed by either spouse if a resident. However, the dissolution of marriage will not be finalized until one spouse has been a resident for one year; unless one of the spouses was a resident of Connecticut at the time of the marriage and returned with the intention of permanent residence; or if the grounds for the dissolution of marriage arose in Connecticut. In cases which involve support, the dissolution of marriage is to be filed in the county in which the plaintiff resides. In all other cases, the dissolution of marriage may be filed in any county which is most convenient to both spouses. [Connecticut General Statutes Annotated; Title 46b Chapter 815j Section 44 and Title 51, Chapter 890 Section 349].

Reasons for Divorce in Connecticut

There are mainly two reasons of divorce in Connecticut that is fault and general.  In order to file for divorce in Connecticut, the proper grounds must be established.  Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court. 

The grounds for filing a No-Fault divorce are:

• Irretrievable breakdown of the marriage;
• Incompatibility and voluntary separation for 18 months with no reasonable prospect for reconciliation. [Connecticut General Statutes Annotated; Title 46b Chapter 815j Section 40].

The general reasons for getting a divorce are:

• Adultery;
• Life imprisonment;
• Confinement for incurable insanity for a total of five years;
• Willful desertion and nonsupport for one year;
• Seven years absence;
• Cruel and inhuman treatment;
• Fraud;
• Habitual intemperance (drunkenness); and
• Commission and/or conviction of an infamous crime involving a violation of conjugal duty and imprisonment for at least one year. [Connecticut General Statutes Annotated; Title 46b Chapter 815j Section 40].

Connecticut Legal Separation Guidelines

Any of the items listed in the grounds for separation, whether Fault or General, are also grounds for legal separation.

Custody of the Children in Connecticut

Joint or sole custody will be determined with regard to the best interests of the child, without regard to the sex of the parent, and after considering the following factors:

• The causes for the dissolution of marriage if such causes are relevant to the best interests of the child and
• The wishes of the child if the child is of sufficient age and is capable of forming an intel­ligent choice. 

There are no other specific state guidelines for consideration. There is a presumption that joint custody is in the best interests of the child if both parents have agreed to joint custody. [Connecticut General Statutes Annotated; Title 46b Chapter 815j Section 56,56a,56b,and 84].

Connecticut Child Support Guidelines

Either parent may be ordered to contribute child support, based on the following factors:

• The financial resources of the child;
• The age, health, and station of the parents;
• The occupation of each parent;
• The earning capacity of each parent;
• The amount and sources of income of each parent;
• The vocational skills and employability of each parent;
• The age and health of the child;
• The child’s occupation;
• The vocational skills of the child;
• The employability of the child;
• The estate and needs of the child; and
• The relative financial means of the parents.

Either parent may be ordered to provide health insurance for the child. There are official Child Support Guidelines. These guidelines are presumed to be correct unless there is a showing that the amount would be inequitable or inappropriate under the particular circumstances in a case. [Connecticut General Statutes Annotated; Title 46b Chapter 815j Section 84].

Property Distribution in Connecticut

Connecticut is an “equitable distribution” state. The court may assign to either spouse all or part of the property of the other spouse, including any gifts and inheritances, based on the following factors:

• The contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker;
• The length of the marriage;
• The age and health of the spouses;
• The occupation of the spouses;
• The amount and sources of income of the spouses;
• The vocational skills of the spouses;
• The employability of the spouses;
• The estate, liabilities, and needs of each spouse and the opportunity of each for further acquisition of capital assets and income;
• The cir­cumstances that contributed to the estrangement of the spouses; and
• The causes of the dissolution of marriage. [Connecticut General Statutes Annotated; Title 46b Chapter 815j Section 81].

Spousal Support Guidelines in Connecticut

The following factors are taken into consideration when determining alimony for either spouse:

• The causes for the dissolution of marriage, including any marital fault;
• The distribution of the marital property;
• Whether the spouse seeking support is the custodian of a child whose condition or circumstances make it appropriate for that spouse not to seek outside employment;
• The duration of the marriage;
• The age of the spouses;
• The physical and emotional conditions of the spouses;
• The usual occupation of the spouses during the marriage;
• The needs of each spouse; and
• The vocational skills and employability of the spouse seeking support and alimony. [Connecticut General Statutes Annotated; Title 46b Chapter 815j Section 82 and 86].

Divorce Mediation

Within 90 days after the dissolution of marriage has been filed, either spouse or the attorney for any minor children may submit a request for conciliation to the clerk of the court. Two mandatory counseling sessions will be ordered. Mediation services may also be available from the court for property, financial, custody, and visitation issues. [Connecticut General Statutes Annotated; Title 46b Chapter 815j Section 53 and 53a].