Connecticut Divorce Laws
In Connecticut, the plaintiff will file a Complaint for Dissolution of Marriage in the superior court. The responding spouse is the defendant. Upon the finalization of the divorce, the document issued is the Decree of Dissolution of Marriage. The grounds for divorce in Connecticut are: the irretrievable breakdown of the marriage with no chance of reconciliation; the parties have lived separately for a certain period of time; adultery; the parties were married under false pretenses; desertion by one spouse for a certain period of time; a lengthy absence by one spouse without any type of communication; habitual intoxication with alcohol or drugs; cruelty or abuse; a prison sentence for either spouse; and the legal insanity of either spouse including confinement to a hospital or mental health facility. After a divorce, either party may request that their name be changed to a maiden or former name.
The residency requirements and grounds for a legal separation are the same as for a divorce. For a simplified divorce, both parties must testify that their marriage is irretrievably broken and submit agreements for property division, spousal support, child custody, and child support, if relevant. In all cases, the court may order mediation to encourage cooperation between the two parties.
Connecticut Divorce Laws & Property
Connecticut follows the rules of an equitable distribution state, which means that all marital property will be divided equitably but not necessarily equally between the two parties. Considerations when awarding property include: the duration of the marriage; the cause of the breakdown of the marriage; the financial resources of both parties; the age and health of both parties; and the contribution of both parties to the acquisition of the marital property. Property acquired before the marriage may be considered separate and may remain with the original owner. Examples of separate property are those inherited or purchased before marriage.
Connecticut Divorce Laws & Alimony
Alimony may be awarded to either spouse but is not guaranteed. The court will consider many factors when awarding alimony, including: the duration of the marriage and the standard of living established; the cause of the divorce or separation and whether one spouse was at fault; the age and health of both parties; the ability of the supported spouse to find employment; the ability of the supporting spouse to also support him or herself while paying alimony; the financial resources, including property, of both parties; and whether the custodial parent should seek employment in addition to caring for the minor child.
Connecticut Divorce Laws & Child Custody
The court can mandate counseling for the parents that focuses on parenting education and teaches about child development, the effect of divorce on children, conflict resolution, stress reduction, how to cooperate when parenting, and guidelines for visitation. The court may also decide that the child will benefit from counseling. When awarding custody, the wishes of the child will be taken into consideration if the child is mature enough to express an opinion. The court will also consider the wishes and resources of the parents. Joint custody will be strongly considered if it is in the best interest of the child.
Connecticut Divorce Laws & Child Support
When calculating child support, the court will look at the income and financial resources of both parents and the needs of the child. These numbers will determine the financial responsibility of both parents for the child. Child support is granted individually in all cases and may include health insurance, school tuition, and other special needs. The court will consider the financial health and earning capacities of both parents. If at any time there are significant changes in the financial status of either parent, the court may modify the child support agreement. In Connecticut, there are no laws stipulating that parents must support their children through a postsecondary education.
Premarital Agreements
If any premarital agreements exist, they must be signed by both parties to be enforceable. If either party was forced to sign the agreement under duress, the agreement could be invalid. Some examples of prenuptial agreements can address issues such as the following: the right to manage and control specific marital or separate property, including buying, selling, using, exchanging, or leasing property; the parameters of alimony or the absence of alimony; the making of a will to follow through on premarital agreements; the rights to a life insurance policy or retirement accounts; the rights to decide how to enforce agreements; and other personal matters. Premarital agreements related to child custody or child support are subject to review and modification by the court, even if the child in question was born before the marriage and named in the agreement.
