Connecticut divorce law synopsis | Good Divorce Lawyers
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations is the state you may thinking about filing your divorce petition in. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a Connecticut divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
In order for parties to be able to file for a Dissolution of Marriage in Connecticut, they must have the legal right to appear in Superior Court. There are certain residency requirements before a party can do so:
- Must be a resident for 12 months prior to the date of filing
- Must have been a resident at the time of the marriage and have returned as a permanent resident before filing
- Cause for the dissolution of the marriage occurred after one party moved into the state
Connecticut Grounds for Divorce
A divorce in Connecticut may be filed on either no-fault grounds or fault-based grounds.
Uncontested Divorce in Connecticut
Connecticut has a simple no-fault divorce that parties in agreement over all the aspects of a divorce can file. They cannot have disputed areas that are found in the fault-based divorce grounds.
Contested Divorce in Connecticut
An uncontested divorce is eligible for summary divorce proceedings as long as the parties can prove that the marriage is irretrievably broken, and that they have reached an agreement on such elements as custody, care, and support of children, as well as alimony and the disposition of property. Connecticut adjudicates limited contested divorces when the only issues under dispute are financial and division of property. After a case management conference, the judge will counsel and issue orders.
Annulment in Connecticut
In Connecticut, annulment is considered the termination of a marriage that is already void. The key to having a judge write a decree of annulment is proving that the marriage is void. It is often chosen over divorce because it does not include the same 90-day waiting period that divorces in Connecticut do. Grounds for annulment include:
- Bigamy
- Consanguinity, or marrying a close relative
- Duress
- Fraud or misrepresentation
- Physical incapacitation that hinders a normal married life
- Mental disability that disrupts the married life
No Fault Divorce in Connecticut
A no-fault divorce can be granted in Connecticut for two reasons:
- An irretrievably broken marriage
- Continuous separation due to incompatibility for 18 months or more
Connecticut Fault Divorce
Connecticut also grants fault-based divorces for the following reasons:
- Adultery
- Fraud
- Wilful desertion for 1 year or more
- Absence of 7 years or more during which the party has not been heard from
- Habitual intemperance
- Intolerable cruelty (mental and verbal)
- Imprisonment of 1 year or more
- Mental illness lasting 5 years or more
Connecticut Divorce and Child Custody
Child Custody Laws
When determining the custody of a child of divorce, Connecticut courts base decisions on several areas:
- The best interests of the child
- The desires of the child if they are of sufficient age and maturity to make such decisions
- Whether or not a parent has completed a parenting education program satisfactorily
- Proof that joint custody is in the bests interests of the child
Child Alimony
In Connecticut, both parents are responsible for the support and well-being of a child. That may mean either parent being ordered to pay support to the other, custodial parent. Most child support cases follow the official Connecticut Child Support Guidelines using the Income share Model, barring any inappropriate or inequitable circumstance in a particular case. Child support is generally based on the following factors:
- Any finances the child may possess
- The condition of the parents
- The occupations of the parents
- The earning capacity of the parents
- The amount and sources of income of each parent
- The skills and employment prospects of the parents
- The age and health of the child
- The child’s occupation
- The skills of the child
- The employment prospects of the child
- The estate and needs of the child
Connecticut Divorce Spousal Support
Connecticut considers the needs of both parents when awarding alimony, regardless of the gender. The financial and employment conditions of the parents are taken into consideration, as well as the earning power, or potential earning power of the parties involved.
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court
Temporary Spousal Support
Determined at the discretion of the court
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in Connecticut
Spouses in the military are protected by Connecticut law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Help From A Connecticut Divorce Lawyer?
There are many complex issues, which can make a divorce a stressful and painful process. Even when most issues can be agreed upon, if there is even one area that is being contested, both parties undoubtedly need the legal and negotiating expertise of an experienced divorce attorney. Their trained but unbiased advice can make the difference between a satisfactory settlement and conflict that could go on for years to come.
Copyright Notice: The above abbreviated synopsis of Connecticut state divorce laws is original material which is wholly owned and copyrighted by “Good Divorce Lawyers” a division of MNW Diversified, Inc. This material has been adapted from applicable state laws and unauthorized reproduction is prohibited.