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Connecticut Divorce & Family Law Summary
Each state uses its respective legislative process to enact divorce laws. Once legislation is enacted, the divorce courts in Connecticut have the authority to manage the divorce proceedings, including ruling on contested issues such as spousal support and child support payments, custodial rights of parents, and the division of community property.
Since state laws are frequently subject to change, consulting with an experienced divorce lawyer before making important decisions about your marriage is advisable.
Learn what divorce lawyers do and how to find the right lawyer for your goals and needs.
All states allow for “no-fault” divorce. Yet many courts still factor in the respective parties’ past behavior when determining the division of community property, debts, custody, support, and related issues.
Read our expanded article on the divorce process to gain a deeper and more realistic understanding of the challenges you’re likely to face.
Residency Requirements
A decree dissolving a marriage or granting a legal separation may be entered if:
- One of the parties to the marriage has been a resident of this state for at least twelve months before the complaint filing date.
- One of the parties was domiciled in this state at the time of the marriage and returned to this state to permanently remain before filing the complaint.
- The cause for the dissolution of the marriage arose after either party moved into this state.
Note: The Superior Court shall have exclusive jurisdiction of all complaints seeking a decree of annulment, dissolution of a marriage, or legal separation.
Legal Grounds For Divorce
A decree of dissolution of a marriage or an order of legal separation shall be granted upon a finding that one or more of the following causes has occurred:
- The marriage has broken down irretrievably (no-fault)
- Adultery
- Fraudulent contract
- Willful desertion for one year with total neglect of duty
- Seven years’ absence, during all of which period the absent party has not been heard from
- Habitual intemperance
- Intolerable cruelty
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 over one year
Legal confinement in a hospital or hospitals or other similar institutions because of mental illness for at least an accumulated period totaling five years within six years preceding the date of the complaint.
Legal Separation
Residency requirements and grounds for a legal separation are the same as a marriage dissolution decree.
Suppose no declaration resuming the marital relationship has been filed, then at any time after the entry of an order of legal separation. In that case, either party may petition the superior court for the judicial district where the decree was entered to dissolve the marriage. The court shall enter the decree in the presence of the party seeking the dissolution.
Simplified Divorce
In Connecticut, a simplified divorce is a streamlined process for spouses seeking to dissolve their marriage without extensive legal proceedings.
Eligibility For A Simplified Divorce
- No Minor Children: Both parties must not have minor children.
- Mutual Agreement: Both spouses must agree on the divorce terms, including property division and debt responsibilities.
- Duration of Marriage: Typically, the marriage should be of a shorter duration, often under eight years.
Process For A Simplified Divorce
- File Jointly: The couple must file a joint petition for dissolution of marriage.
- Agreement on Terms: They must submit a signed separation agreement outlining how they will handle their property and debts.
- Court Hearing: A brief court hearing may be required, where a judge will review the petition and agreement.
Mediation
In Connecticut, mediation is not mandatory for divorce cases. However, it is often encouraged as a way to help couples resolve disputes amicably and reach agreements on issues such as:
- Child custody and visitation
- Child support
- Division of property and debts
- Alimony
Property Division
In Connecticut, property division during a divorce is governed by the principle of equitable distribution.
Using its best discretion, this means that the court must divide marital property fairly and consider the following factors:
- Length of the Marriage: Longer marriages may result in a more equal division.
- Age and Health of Both Spouses: The court may consider each spouse’s physical and emotional health.
- Income and Earning Capacity: Future earning potential and current income levels are evaluated.
- Contributions to the Marriage: Both financial and non-financial contributions (such as homemaking) are considered.
- Property Value: The value of the property being divided and any associated liabilities.
- Custodial Arrangements: If children are involved, the impact on their well-being may influence property distribution.
Alimony
The Superior Court may order either of the parties to pay alimony to the other in addition to or instead of the property distribution.
In determining whether alimony shall be awarded and the duration and amount of the award, the court shall consider:
- Length of the Marriage: Longer marriages may result in longer or higher alimony awards.
- Age and Health of Both Parties: Each spouse’s physical and emotional well-being is considered.
- Earning Capacity: The court looks at each spouse’s current income, job skills, and potential for future earnings.
- Financial Needs: The financial requirements of the spouse requesting alimony.
- Standard of Living: The lifestyle established during the marriage and how to maintain a similar standard post-divorce.
- Contributions to the Marriage: Both financial and non-financial contributions, such as raising children or supporting a spouse’s career.
- Tax Consequences: The tax implications of alimony for both spouses.
Spouses Name
When entering a decree dissolving a marriage, the court shall restore the birth name or former name of such spouse upon request of either spouse. After the divorce is completed, the former spouse can still obtain a name change.
Child Custody
In Connecticut, child custody decisions during a divorce are made with the child’s best interests in mind. The process involves two main types of custody: legal and physical.
Types of Custody
Refers to the right to make important decisions about the child’s life, including education, health care, and religious upbringing. It can be awarded jointly (both parents share decision-making) or solely (one parent makes decisions).
Refers to where the child lives on a day-to-day basis. It can also be joint (the child spends significant time with both parents) or sole (the child primarily lives with one parent).
Factors Considered in Determining Child Custody
The court considers several factors when determining custody arrangements, including:
Child’s Best Interests: The primary consideration is what arrangement serves the child’s well-being.
Child’s Age and Preferences: Depending on their maturity, older children may have a say in custody decisions.
Parental Relationship: The relationship quality between the child and each parent is assessed.
Each Parent’s Ability to Provide: The court looks at each parent’s ability to provide a stable and supportive environment.
History of Domestic Violence or Substance Abuse: Any history of abuse or neglect may impact custody decisions.
Co-parenting Ability: The willingness and ability of each parent to cooperate and facilitate a relationship between the child and the other parent. Courts strongly discourage any form of child manipulation through parental alienation.
Child Support
In Connecticut, child support decisions are based on a formula established by the state guidelines. The formula considers several factors to ensure that the child’s financial needs are met.
Key Factors in Determining Child Support
Income of Both Parents: The combined gross income of both parents is a primary factor. This includes wages, bonuses, self-employment income, and other sources of income.
Number of Children: The number of children requiring support affects the total amount of child support.
Child Support Guidelines: Connecticut uses a set of guidelines that provide a formula for calculating child support based on the combined income and the number of children. The guidelines aim to ensure consistency and fairness.
Cost of Health Insurance: The support calculation considers the cost of health insurance premiums for the child.
Childcare Expenses: Necessary childcare expenses for work-related purposes may also be included.
Other Other Relevant Factors: Additional considerations may include the child’s needs, educational expenses, and any special circumstances warranting adjustments to the standard calculation.
Same-Sex Divorce
On June 26, 2015, the U.S. Supreme Court ruled that gay marriage is a right protected by the U.S. Constitution in all 50 states. It follows, therefore, that the rights and obligations between same-sex divorcing parties are subject to the same dissolution laws of that state. Reference: U.S. Supreme Court Opinion: Obergefell v. Hodges.
Divorce Agreements Explained by Connecticut Divorce Attorney Matthew F. Dolan:
Connecticut Child Support Enforcement
55 Farmington Avenue
10th Floor
Hartford, Connecticut 06105-3725
Office: (860) 424-4989
Fax: (860) 951-2996
Call Center: (800) 228-5437
Connecticut Superior Family Court System
Judicial District Courts (Connecticut Judicial Directory)
