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Connecticut Divorce Laws
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Grounds for Divorce.
A divorce can be granted under Connecticut laws for any of the following grounds:(1) The marriage has broken down irretrievably;
(2) Living apart by reason of incompatibility for a continuous period of at least 18 months immediately prior to the service of the complaint, 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, during all of which period the absent party has not been heard from;
(7) Habitual intemperance;
(8) Intolerable cruelty;
(9) Sentence to imprisonment for life or the commission of any infamous crime involving a violation of conjugal duty and punishable by imprisonment for a period in excess of one year;
(10) Legal confinement because of mental illness, for at least an accumulated period totaling five years within the period of six years next preceding the date of the complaint.
-From Sec. 46b-40 of the Connecticut Statutes.
Residency Requirements.
A complaint for divorce can be filed any time after either party has established residence in Connecticut, intending to live as a Connecticut resident.However, before the court can enter the final divorce decree, you must meet at least one of the following requirements:
(1) At least one party has been a resident of Connecticut for at least 12 months immediately before filing the divorce complaint, or for 12 months preceding the date of the divorce decree; or
(2) At least one party was domiciled in Connecticut at the time of the marriage, and returned to Connecticut with the intention of permanently remaining before the filing of the complaint; or
(3) The cause for divorce arose after either party moved to Connecticut.
Any person serving in the military, who was a resident of the state of Connecticut at the time of entry into the military, is considered to have continuously resided in the state during the time of military service.
-From Sec. 46b-44 of the Connecticut Statutes.
Filing for Divorce.
You will file for divorce in the Connecticut county where either spouse resides.-From Sec. 46b-45 of the Connecticut Statutes.
Serving Your Spouse.
Service of the divorce papers upon your spouse depends on where your spouse lives.If your spouse lives in the State of Connecticut, you will need to contact a state marshal in the judicial district where your spouse lives or works. The Clerk will have a list of state marshals available. The state marshall will serve your spouse with the papers and provide proof of service to the Court.
If your spouse lives in another state, you will have to serve your spouse by certified or registered mail, or by contacting a process server or other person authorized to perform service in the state and county where your spouse lives.
Finalizing Your Divorce.
There is a 90 day waiting period after filing the papers before your divorce can be finalized. Your divorce will be finalized during a brief hearing. It is a good idea for both spouses to attend if possible, but only the Plaintiff is required to attend, unless otherwise ordered by the Court.-From Sec. 46b-67 of the Connecticut Statutes.
Additional Information.
A financial affidavit is required in all cases involving children, property, and/or alimony, even if the parties are in agreement about these issues. The court will use these affidavits to determine whether the agreement is fair and equitable, and will enter the agreement if it is.-From Sec. 46b-66 of the Connecticut Statutes.
Connecticut laws require a parenting education program in divorce cases with children. The course includes, but is not limited to, information on the developmental stages of children, adjustment of children to parental separation, dispute resolution and conflict management, guidelines for visitation, and stress reduction in children and cooperative parenting. You're required by law to attend, unless:
(1) you and your spouse agree, subject to the approval of the court, not to participate in such program,
(2) the court, on motion, determines that participation is not necessary, or
(3) you and your spouse select and participate in a comparable parenting education program.
-From Sec. 46b-69b of the Connecticut Statutes.
If your divorce is uncontested, we would love to guide you through the process from beginning to end. Learn more about how our uncontested divorce services can help you through your divorce.
Other pages on Connecticut divorce laws:
General Connecticut Divorce Laws
Alimony Divorce Laws in Connecticut
Connecticut Child Custody Laws
Connecticut Child Support Laws
Connecticut Laws on Property Division
© Help Yourself Divorce 2002-2008
IMPORTANT: Help Yourself Divorce is a paralegal service, not a law firm. Please don't rely on this information for legal advice. Seek help from an attorney if you need legal advice.
This information has been summarized from the Connecticut statutes. You can find the full-text version of these and other Connecticut divorce statutes online here: Connecticut Divorce Laws.