Divorce In Connecticut

What Are Grounds for Divorce in Connecticut?

In Connecticut, divorces can be granted based on no-fault or fault-based grounds. Understanding the differences between these grounds is crucial, as they can impact the divorce process, outcome, and the parties’ legal strategies.

1. No-fault grounds (irretrievable breakdown) No-fault divorce is the most common type in Connecticut, as it does not require either spouse to prove the other’s misconduct or wrongdoing. Under Connecticut General Statutes §46b-40(c), the court can grant a divorce if it finds that the marriage has “broken down irretrievably” and has no reasonable prospect of reconciliation.

In the landmark case of Ruggles v. Ruggles (1971), the Connecticut Supreme Court recognized irretrievable breakdown as grounds for divorce. This case marked a shift in Connecticut divorce law, as it introduced a more lenient standard for divorce that did not require assigning blame to either party.

1. Fault-based grounds (adultery, cruelty, etc.) Fault-based divorce grounds require one spouse to prove that the other spouse’s misconduct led to the marriage breakdown. Some of the fault-based grounds recognized under Connecticut General Statutes §46b-40(d) include:

• Adultery: When one spouse engages in extramarital sexual relations.
• Cruel and inhuman treatment: When one spouse inflicts physical, emotional, or mental abuse on the other spouse, making it unsafe or intolerable for them to continue living together.
• Willful desertion: When one spouse abandons the other spouse for at least one year without justification.
• Fraud: When one spouse has deceived the other spouse in a way that substantially impacts the marriage.

In the case of Sexton v. Sexton (1966), the Connecticut Supreme Court upheld a divorce granted on the ground of adultery. The court emphasized the importance of clear and convincing evidence to prove fault-based grounds, highlighting the potential difficulties in establishing a spouse’s misconduct in divorce proceedings.

When considering whether to pursue a no-fault or fault-based divorce, weighing the potential benefits and drawbacks of each approach is essential. No-fault divorce online often leads to a more amicable and expedient process, while fault-based divorce can involve a more contentious and time-consuming legal battle. However, proving fault may impact the court’s decisions regarding alimony, asset division, and other aspects of the divorce settlement. 

Residency Requirements

Before filing for divorce in Connecticut, it is essential to understand the state’s residency requirements as they determine your eligibility to initiate the divorce process within the jurisdiction. Please meet these requirements to avoid the dismissal of your case, necessitating additional time and effort to refile in the appropriate jurisdiction.

Connecticut General Statutes §46b-44(a) establishes the following residency rules for filing for divorce:

1. One spouse must be a bona fide resident of Connecticut at the time of filing for divorce and have resided in the state continuously for at least 12 months before the date of the divorce decree or the date of filing, whichever occurs first.
2. If one spouse has never been a Connecticut resident, but the other spouse has continuously resided in the state for at least 12 months before the date of the divorce decree or the date of filing, the residency requirement is still satisfied.
3. In cases where the cause for divorce arose within Connecticut, the residency requirement is waived if one spouse is a state resident at the time of filing.

Understanding and adhering to these residency rules is crucial for a smooth divorce process. Failing to divorce in the proper jurisdiction or failing to meet the required residency criteria can lead to complications, delays, and additional expenses.

For example, a couple who moved to Connecticut six months ago and decided to divorce might be required to wait another six months to satisfy the state’s residency requirements. In this scenario, it may be beneficial for the couple to consider alternative options, such as legal separation or seeking advice from a family law attorney, to explore the most suitable course of action.

By being well-informed about Connecticut’s residency requirements, you can avoid potential setbacks and ensure that your divorce proceedings commence promptly and efficiently.

Filing for Online Divorce In Connecticut

Initiating the divorce process in Connecticut requires completing and submitting several legal forms and documents. Understanding the necessary paperwork and the filing process is crucial to ensure a smooth and efficient start to your divorce proceedings.

Forms and documents required:

The necessary forms and documents needed to commence a divorce in Connecticut are explained in the next section.

Filing process and service of summons: 

Once the required forms are completed, the plaintiff must file them with the Superior Court Clerk’s Office in the Judicial District where either spouse resides. The filing spouse must pay the applicable filing fee unless they have obtained a fee waiver.

After filing, the plaintiff must serve the defendant with copies of the divorce papers, including the Summons, Complaint, and Notice of Automatic Court Orders. Connecticut law (Connecticut Practice Book §25-30) requires that service be completed by a proper officer, such as a state marshal, who must personally deliver the documents to the defendant or leave them at the defendant’s usual residence.

The defendant has 20 days from the service date to file an appearance (Form JD-CL-12) with the court, indicating their intention to participate in the divorce proceedings. If the defendant fails to appear, the court may proceed with the case and issue a default judgment against the non-appearing spouse.

By being well-prepared and informed about the forms, documents, and procedures involved in filing for divorce in Connecticut, you can ensure a smoother and more efficient start to your divorce process. It is always advisable to consult with a family law attorney to receive tailored guidance and support tailored to your unique circumstances.

Divorce Process

Navigating the divorce process in Connecticut requires understanding the various stages and procedures involved. Familiarizing yourself with these steps can help you better prepare for what lies ahead and make well-informed decisions.

1. Case management and scheduling: After both parties have filed their appearances, the court will set a case management date, typically within 90 days of filing. During this stage, the court assesses the case’s complexity, identifies any pending issues, and establishes a timeline for the proceedings. Connecticut Practice Book §25-50 outlines the procedures for case management conferences to ensure the efficient resolution of family matters.
2. Discovery process and financial affidavits: The phase where both parties exchange information and gather evidence to support their claims and positions. This process may involve written questions (interrogatories), document production requests, and depositions (sworn statements made under oath).

A critical component of the discovery process in Connecticut divorce cases is the exchange of financial affidavits (Form JD-FM-6 Long or Short, depending on the complexity of the financial situation). These affidavits provide detailed information about each spouse’s income, expenses, assets, and liabilities, allowing the court to make informed decisions on alimony, child support, and asset division.

1. Mediation and negotiation: In many Connecticut divorce cases, the court requires or encourages the parties to participate in mediation or settlement negotiations before proceeding to trial. These alternative dispute resolution methods can help spouses reach mutually agreeable solutions on issues such as child custody, asset division, and support arrangements. Connecticut General Statutes §46b-53 outlines the court’s authority to refer parties to family relations counseling, which can include mediation services.

Mediation is often a less adversarial and more cost-effective option than going to trial, allowing both parties to maintain control over the outcome of their case. If the parties can reach an agreement through mediation or negotiation, they will draft and submit a Dissolution Agreement (Form JD-FM-172) to the court for approval.

By understanding the various stages of the Connecticut divorce process, you can better prepare for what lies ahead and make informed decisions that protect your interests. Engaging the services of an experienced family law attorney can provide invaluable guidance and support throughout the process, helping to ensure a fair and equitable resolution.

Division of Assets

In Connecticut, the division of assets during a divorce follows the principle of equitable distribution, meaning that marital property is divided fairly but not equally. Understanding the factors considered by the court can help you better anticipate the potential outcome of your case and prepare accordingly.

Equitable distribution in Connecticut:

Connecticut General Statutes §46b-81 governs the division of marital property, which includes assets and debts acquired during the marriage, with certain exceptions such as gifts or inheritances received by one spouse. The court aims to distribute marital property in a just and equitable way, considering the specific circumstances of each case.

The landmark case of O’Neill v. O’Neill (1977) established the principle of equitable distribution in Connecticut. This case emphasized the importance of fairness in asset division and highlighted the court’s broad discretion in determining the most equitable distribution of marital property.

Factors considered by the court:

When dividing assets in a Connecticut divorce, the court considers various factors, including but not limited to:

• The length of the marriage
• The cause for the dissolution of the marriage
• The age, health, station, occupation, and employability of each spouse
• The amount and sources of income, vocational skills, and employability of each spouse
• The needs and liabilities of each spouse
• The opportunity of each spouse for future acquisition of capital assets and income
• The contribution of each spouse to the acquisition, preservation, or appreciation of their respective estates
• The contribution of either spouse as a homemaker

By considering these factors, the court seeks to achieve a fair and equitable distribution of assets that considers each case’s unique circumstances.

Understanding Connecticut’s equitable distribution laws and the factors that influence asset division can help you better prepare for the financial implications of your divorce. It is essential to consult with a family law attorney to receive personalized advice and guidance on protecting your interests during the asset division process.

Alimony (Spousal Support) In Connecticut

Alimony, also known as spousal support, is a financial obligation that one spouse may be required to pay the other during or after a divorce. In Connecticut, various types of alimony and factors influence the awarding of alimony payments. Understanding these aspects can help you better prepare for the potential financial implications of your divorce.

Types of alimony in Connecticut:

Connecticut recognizes several types of maintenance, as outlined in Connecticut General Statutes §46b-82:

• Temporary alimony: Awarded during the divorce process to provide financial support until the final divorce decree is issued.
• Rehabilitative alimony: Designed to help the receiving spouse become self-sufficient, often through education or job training. This type of alimony is typically awarded for a limited period.
• Periodic alimony: Regular payments made over a specified period, which can be subject to modification based on changes in circumstances.
• Lump-sum alimony: A one-time payment representing the total alimony obligation, often used when the paying spouse has significant assets but a limited income.

Factors affecting alimony awards:

When determining alimony awards, Connecticut courts consider a range of factors, including but not limited to:

• The length of the marriage
• The cause for the dissolution of the marriage
• The age, health, station, occupation, amount and sources of income, vocational skills, employability, and needs of each spouse
• The property awarded to each spouse
• The desirability of the parent with custody retaining the marital home to minimize disruption to the children
• The contribution of each spouse to the acquisition, preservation, or appreciation of their respective estates
• The contribution of either spouse as a homemaker

In the notable case of Dan v. Dan (2004), the Connecticut Supreme Court reaffirmed the court’s broad discretion in determining alimony awards. It emphasized the importance of considering the statutory factors outlined in §46b-82.

By understanding the types of alimony and the factors that influence alimony awards in Connecticut, you can better prepare for the potential financial implications of your divorce. Consulting with a family law attorney can provide valuable guidance and support in ensuring a fair and equitable alimony arrangement tailored to your circumstances.

Alimony calculation using an example:

Since there is no specific formula, the calculation of alimony depends on the individual circumstances of each case. Here is a hypothetical example to illustrate how the court might determine an alimony award:

John and Jane have been married for 15 years. John earns $120,000 yearly, while Jane makes $40,000 annually. The couple has two children, aged 10 and 12, and Jane is the primary caregiver. The court decides that Jane needs financial assistance to maintain her standard of living, pay for the children’s expenses, and possibly pursue further education or job training to increase her earning potential.

Considering the factors outlined in §46b-82, the court might determine that John should pay Jane rehabilitative alimony for a specified period (e.g., five years) to help her become self-sufficient. The amount of alimony might be calculated by considering their incomes, expenses, and other relevant factors. For instance, the court may decide that John should pay Jane $2,500 per month in alimony based on their respective incomes, the length of the marriage, the needs of the children, and Jane’s potential for increased employability.

It is essential to note that this is only a hypothetical example, and actual alimony awards can vary significantly depending on the specific circumstances of each case.

Due to the complexities of calculating alimony in Connecticut, it is highly recommended to consult with a family law attorney who can provide personalized advice and guidance based on the unique circumstances of your case.

Child Custody and Parenting Plans In Connecticut

Navigating child custody and parenting plans in a Connecticut divorce involves understanding the different types of custody, the standard used by the court in making custody decisions, and the importance of developing a detailed parenting plan.

Legal and physical custody:

In Connecticut, child custody is divided into two categories:

Legal custody:

Refers to the right and responsibility to make decisions regarding the child’s upbringing, including education, healthcare, and religious upbringing. Legal custody can be awarded to one parent (sole legal custody) or shared by both parents (joint legal custody).

Physical custody:

Refers to the arrangement regarding where the child will reside. Physical custody can also be sole (primary custody to one parent) or joint (shared physical custody), with the child spending significant time with both parents.

1. Best interests of the child standard: Connecticut courts use the “best interests of the child” standard when determining child custody and visitation arrangements, as outlined in Connecticut General Statutes §46b-56. Factors considered by the court include:

• The child’s developmental needs
• The child’s wishes, if of sufficient age and maturity
• The ability of each parent to understand and meet the child’s needs
• Each parent’s willingness to facilitate a relationship between the child and the other parent
• The child’s relationship with each parent, sibling, and other significant individuals
• The stability of the child’s current and future environments
• The mental and physical health of all parties involved

Developing a parenting plan:

A parenting plan is a written agreement that outlines how parents will share the rights and responsibilities of raising their child after divorce. A well-structured parenting plan should address the following:

A schedule for physical custody and visitation, including regular days, holidays, and vacations

Decision-making responsibilities regarding the child’s education, healthcare, and other essential aspects of their upbringing

Communication guidelines between parents and the child

A process for resolving disputes and making modifications to the plan as needed

Developing a comprehensive parenting plan can reduce conflict and provide a stable environment for the child. Connecticut courts encourage parents to create their parenting plans, but if they cannot agree, the court will create a plan based on the child’s best interests.

Understanding the nuances of child custody and parenting plans in Connecticut is crucial for ensuring your child’s well-being during and after the divorce process. It is advisable to consult with a family law attorney to receive tailored guidance and support in creating a parenting plan that best suits your family’s needs.

Child Support In Connecticut

Child support is a critical aspect of ensuring children’s financial well-being after a divorce. In Connecticut, child support payments are determined based on state guidelines and other factors that may impact the support awarded. Understanding these guidelines and factors can help you prepare for the financial implications of child support in your divorce.

Connecticut Child Support Guidelines:

Connecticut child support guidelines are outlined in the Connecticut Child Support and Arrearage Guidelines, which the Commission establishes for Child Support Guidelines according to Connecticut General Statutes §46b-215a. The procedures utilize an Income Shares Model, which considers the combined income of both parents to determine the appropriate child support obligation.

The guidelines provide a schedule of essential child support obligations based on the combined net income of both parents and the number of children in the family. Net income includes wages, salaries, commissions, bonuses, and other sources of income, minus certain deductions such as taxes, Social Security contributions, and health insurance premiums.

Factors affecting child support:

While the Connecticut Child Support Guidelines provide a starting point for determining child support payments, the court may deviate from the guidelines based on various factors, as outlined in §46b-215a-3 of the Regulations of Connecticut State Agencies. These factors include:

• The needs and financial resources of the child
• The needs and financial resources of both parents
• The child’s standard of living during the marriage
• The child’s physical and emotional health, as well as educational needs
• The work-related childcare expenses of either parent

For example, if a child has extraordinary medical or educational expenses, the court may adjust the child support obligation accordingly to meet the child’s needs.

When calculating child support, the court will also consider health insurance coverage, uninsured medical expenses for the child, and any childcare expenses incurred due to the parent’s employment or job search.

Child support calculation

Connecticut has a specific formula for calculating child support based on the Connecticut Child Support Guidelines. The guidelines utilize an Income Shares Model, which considers the combined net income of both parents to determine the appropriate child support obligation.

To calculate child support in Connecticut, you can follow these steps:

1. Determine each parent’s net weekly income: Calculate each parent’s gross weekly income from all sources, including wages, salaries, commissions, and bonuses. Then, subtract allowable deductions, such as federal and state taxes, Social Security contributions, and health insurance premiums.
2. Combine the net weekly incomes: Add both parents’ net weekly incomes together to determine the combined net weekly income.
3. Refer to the guidelines: Using the Connecticut Child Support Guidelines schedule, locate the combined net weekly income in the table and find the corresponding basic child support obligation based on the number of children.
4. Calculate each parent’s share: To determine each parent’s share of the basic child support obligation, divide each parent’s net weekly income by the combined net weekly income. Multiply the resulting percentages by the basic child support obligation to determine each parent’s support amount.
5. Determine additional expenses: Consider other costs, such as childcare, health insurance, and uninsured medical expenses. These expenses may be shared between the parents based on their income percentages.
6. Adjust for deviations: In some cases, the court may deviate from the guidelines based on factors such as the child’s needs, the parent’s financial resources, and the child’s standard of living. The child support obligation may be adjusted accordingly if the court approves a deviation.

Please note that this is a general outline of Connecticut’s child support calculation process. For more accurate and personalized calculations, it is recommended to consult with a family law attorney or use the official Connecticut Child Support Guidelines Worksheet, available on the Connecticut Judicial Branch website.

To illustrate the child support calculation process in Connecticut, let’s consider a hypothetical example:

Parent A and Parent B are divorcing and have two children. Parent A has a net weekly income of $1,000, and Jane has a net weekly income of $500. They share joint legal custody, but Jane has primary physical custody of the children.

Step 1: Determine each parent’s net weekly income. Parent A’s net weekly income is $1,000, and Parent B’s is $500.

Step 2: Combine the net weekly incomes. $1,000 (John’s net weekly income) + $500 (Jane’s net weekly income) = $1,500 (combined net weekly income)

Step 3: Refer to the Connecticut Child Support Guidelines. Using the Connecticut Child Support Guidelines schedule, find the combined net weekly income of $1,500 for two children. The corresponding basic child support obligation is $403.

Step 4: Calculate each parent’s share. Parent A’s share: ($1,000 / $1,500) × $403 = 0.6667 × $403 ≈ $268.67 Parent B’s share: ($500 / $1,500) × $403 = 0.3333 × $403 ≈ $134.33

Step 5: Determine additional expenses. Suppose Parent A pays $100 weekly for the children’s health insurance, and their childcare expenses are $200 weekly. These amounts can be added to the basic child support obligation, resulting in a total obligation of $703.

Step 6: Adjust for deviations (if applicable). In this example, there are no deviations approved by the court, so the total obligation remains $703.

Based on this calculation, Parent A would pay approximately $268.67 per week in child support and cover the $100 per week for health insurance. The total weekly payment would be about $368.67. Parent B would be responsible for the remaining $134.33 of the total child support obligation and her share of the childcare expenses.

Please note that this is a hypothetical example for illustrative purposes only. Actual child support calculations may vary depending on the specific circumstances of each case. For accurate calculations, use the official Connecticut Child Support Guidelines Worksheet.

Forms Needed To File Divorce In Connecticut(Free Download)

Divorce Papers For Divorce Without Children

Form JD-FM-3 – Summons Family Actions —> Download Now

This form is used to notify the defendant spouse of the initiation of a legal action, such as dissolution of marriage or legal separation. It outlines the required appearance date and response deadline, ensuring due process in the family court system.

Form JD-FM-159 – Divorce Complaint/Cross Complaint —> Download Now

This is a legal document in Connecticut divorce proceedings where the plaintiff or defendant spouse formally asserts the grounds for divorce or legal separation, outlining relevant factual allegations and relief sought. This initiates the adversarial process in the family court system.

Form JD-FM-158 – Notice of Automatic Court Orders —> Download Now

This form informs both parties of the automatic orders that take effect upon service of the divorce complaint. These orders establish temporary guidelines for matters such as financial assets, child custody, and property to maintain the status quo while the divorce is pending.

Form JD-FM-176 – Motion for Orders Before Judgment (Pendente Lite) in Family Cases —> Download Now

This form is to request temporary orders while the case is pending. These orders address issues such as child custody, support, and alimony, providing interim relief and maintaining stability until a final judgment is rendered.

Form JD-FM-75 – Application For Waiver Of Fees/ Appointment Of Counsel Family —> Download Now

This is a legal document in Connecticut divorce proceedings where a party with limited financial resources requests the court to waive certain fees or appoint legal counsel at no cost. This ensures access to justice and legal representation for indigent parties in family court matters.

Form JD-FM-163 – Case Management Agreement/Order —> Download Now

This form is to outlines agreed-upon timelines, procedures, and discovery schedules between the parties. This agreement facilitates the efficient management and resolution of the case, promoting a streamlined process in the family court system.

Form JD-FM-6 – Financial Affidavit – Long —> Download Now

This form is used where both parties disclose their respective financial information, including income, expenses, assets, and liabilities. This affidavit is crucial for the court to determine appropriate spousal and child support, as well as equitable distribution of marital assets.

Form JD-FM-6 – Financial Affidavit  – Short —> Download Now

It is a condensed legal document in divorce proceedings where both parties disclose their respective financial information, including income, expenses, assets, and liabilities. This streamlined affidavit is used in cases with simpler financial situations, facilitating the court’s determination of spousal and child support, as well as equitable distribution of marital assets.

Form JD-FM-172 – Dissolution Agreement —> Download Now

This document is required where both parties mutually agree on the terms of their divorce, including division of assets, child custody, and support arrangements. Once approved by the court, this agreement forms the basis of the final divorce decree and promotes amicable resolution of marital disputes.

Form JD-FM-178 – Affidavit Concerning Military Service —> Download Now

This document verifies the military status of a defendant’s spouse. This affidavit ensures compliance with the Servicemembers Civil Relief Act (SCRA), which protects active-duty military members by delaying or modifying certain legal proceedings in family court.

Divorce Papers For Divorce With Children

Form JD-FM-3 – Summons Family Actions —> Download Now

Form JD-FM-159 – Divorce Complaint/Cross Complaint —> Download Now

Form JD-FM-158 – Notice of Automatic Court Orders —> Download Now

Form  JD-FM-164 – Affidavit Concerning Children —> Download Now

Form JD-FM-176 – Motion for Orders Before Judgment (Pendente Lite) in Family Cases —> Download Now

Form JD-FM-75 – Application For Waiver Of Fees/Payment Of Costs/Appointment Of Counsel – Family —> Download Now

Form JD-FM-163 – Case Management Agreement/Order —> Download Now

Form JDP-FM-151 – Parenting Education Program – List of Approved Programs —> Download Now

Form JD-FM-149 – Parenting Education Program Order, Certificate and Results —> Download Now

Form JD-FM-6 – Financial Affidavit  – Long —> Download Now

Form JD-FM-6 – Financial Affidavit  – Short —> Download Now

Form JD-FM-172 – Dissolution Agreement —> Download Now

Form CCSG -1 – Child Support Guideline Worksheet —> Download Now

Form JD-FM-71 – Advisement of Rights —> Download Now

Form JD-FM-178 – Affidavit Concerning Military Service —> Download Now

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