Divorce in Connecticut can be a lengthy process that is hard to understand. You may be unsure if you have the grounds for a divorce in Connecticut and how you would go about understanding the divorce process. In order to make intelligent, informed decisions, you should familiarize yourself with the topic and contact and attorney. Even if you decide to settle your divorce out of court, a divorce lawyer can answer any questions that you have and can help the process go smoothly. In the state of Connecticut, “A marriage [or civil union] is dissolved only by (1) the death of one of the parties or (2) a decree of annulment or dissolution of marriage by a court of competent jurisdiction.” CONN. GEN. STAT. § 46b-40(a) (2008). Unless one of the parties is deceased, divorce can only occur through annulment or dissolution. However, it is important to note that these terms do not mean the same thing. An annulment considers the marriage void from the very beginning, while a dissolution considers a legitimate marriage to be dissolved only by the date that the divorce is actually settled. If a marriage is dissolved due to death, an annulment, or dissolution, these are considered “no fault grounds”. However, there are oftentimes different, more serious grounds for divorce that are taken into consideration. In Connecticut, there are several grounds for divorce under CONN. GEN. STAT. § 46b-40(c) (2008). These grounds for divorce include well-known violations of trust such as adultery, severe cruelty or habitual intemperance. Other grounds for divorce include mental illness, separation of 18 months or more, imprisonment or crime, seven years absence, desertion, or fraudulent contract. Fraudulent contract is defined as one spouse severely deceiving another. It is understood that the deceived spouse has been left out of something extremely important dealing with the marriage or the other spouse, and that it will lead to the end of the marriage (Gould v. Gould, 78 Conn. 242, 261 (1905)). Divorce filed because of one of these infractions is filed under “fault grounds”. There can be multiple grounds considered in one divorce case, however, they must be substantially proven in order for a divorce to be completed on those grounds. If you feel that you have been subjected to one or more of these grounds for divorce, and you would like to end your marriage, you should contact an attorney and consider your options. Begin building your case against your spouse and be sure to include as much evidence as possible. Divorce is never easy, but the sooner you make the decision to file for divorce, the sooner you can have a fresh start.
Where to File for a Connecticut Divorce
If you are filing for divorce, you must go to the clerk’s office in your district. In order to file for divorce, you must bring:
The complaint
The original summons
The state marshal’s return of service
The Notice of Automatic Court Orders
The filing fee (currently $350) or waiver of fees signed by a judge.
Find the clerk’s office that is closest to you. The clerk’s offices in Connecticut are located at: Ansonia-Milford Judicial District
70 West River Street, Milford, CT 06460
106 Elizabeth Street, Derby, CT 06418
Danbury Judicial District
146 White Street, Danbury, CT 06810
Fairfield Judicial District
172 Golden Hill Street, Bridgeport, CT 06604
Hartford Judicial Distrcit
410 Center Street, Manchester, CT 06040
111 Phoenix Avenue, Enfield, CT 06082
101 Lafayette Street, Hartford, CT 06106
Litchfield Judicial District
80 Doyle Rd., Bantam, CT 06750
Middlesex Judicial District
1 Court Street, Middletown, CT 06457
New Britain Judicial District
20 Franklin Square, New Britain, CT
131 North Main Street, Bristol, Police/Court Complex, CT
New Haven Judicial District
54 West Main St., Meriden, CT 06451
121 Elm Street, New Haven, CT 06510
New London Judicial District
112 Broad Street, New London, CT 06320
1 Courthouse Square, Norwich, CT 06360
Stamford-Norwalk Judicial District
123 Hoyt Street, Stamford, CT 06905
17 Belden Avenue, Norwalk, CT 06850
Tolland Judicial District
20 Park Street, Rockville, CT 06066
Waterbury Judicial District
400 Grand Street, Waterbury, CT 06702
Windham Judicial District
120 School St., Danielson, CT 06239
Steps to Take When Planning Divorce
Are you planning a divorce in Connecticut? Do you want to get your paperwork in order before you decide to make the move legally? A smart person will put together a plan of action prior to filing for divorce to enable them to have all the documentation ready and a plan of action in place in case the divorce process becomes complicated.
1. Hire a lawyer. Divorces, even the ones which everyone seems to agree at the outset, can get messy. Emotions run high, and a lawyer can give you the unbiased and unemotional advice you desperately need in this time. Even family members have a vested interest in your life, and may not be able to give you the truth as is necessary in a civil case
2. Prepare the Divorce Complaint. Your attorney, after gathering the most important information from your meeting with him or her, will prepare documents to have a Marshal serve on your spouse. There is certain information that must be plead in the Complaint to make it valid and recognized by the Court. Your attorney will obtain this information from you.
3. File with the Court. There are certain fees associated with filing your paperwork with the Clerk of the Court. The Divorce must be filed with the proper Court and the correct fees must be attached to the paperwork.
4. Return Date. Your attorney will receive a return date when filing with the Court. Your spouse will have to file an appearance with the court by this date. Prior to this date is typically when your spouse will seek to hire an attorney to protect his or her interests.
5. Pendente Lite Motions. After the return date, your attorney can advocate for your best interests by filing requests with the court. These requests may be resolved by agreement or may require a hearing in front of the Judge. Such requests can be for alimony, bill payments, child custody, visitation, or other matters that should be addressed right away. Such Orders last for the period of the divorce proceedings until final judgment.
6. Financial Affidavit. A financial affidavit is a very important document that must be sworn to after it is properly filled out. Your attorney will work with you to make sure it is as accurate as possible prior to handing it into the court.
7. Case Management Date. Upon filing your complaint with the Court, your attorney will receive a case management date. This date indicates when the 90 day period ends. There are certain documents that the court must receive by this date, however after this date a final judgment of divorce can be entered.
8. Collection of Documents. There are many documents, mostly financial in nature, that are considered mandatory to be produced to the other party and often to the Court. Additional documents can also be requested of your spouse or of you, depending on your particular situation.
9. Automatic Orders. Once your spouse is served with divorce papers, automatic orders are put into place for both parties. It is important to follow the automatic orders so your are not found in contempt of court. These orders are given out by the court and must be followed by all parties who are going through the divorce process. Be sure to have your attorney review these orders with you.
10. Keep your Attorney updated! It is very important to notify your attorney if there are any changes that occur in your life. Attorneys like to stay current with how situations are working out and what things are not working in order to better determine what will meet your needs.
How to Divorce in Connecticut
Divorce is a major life event that anyone in the United States can have the right to file for. However, the laws and regulations regarding how to file for divorce and the process of divorce will vary from state to state. In the state of Connecticut, there are specific grounds that you can file for divorce under. Once reviewing these grounds and feeling that you want a divorce, there are certain rules that apply if you want to get a divorce in the state of Connecticut. One spouse must be a resident of Connecticut for at least a year before the divorce can be finalized. This will particularly apply to same-sex couples seeking a divorce in Connecticut or any other state that allows gay divorce. Other reasons to be eligible for divorce in Connecticut are if one spouse lived in Connecticut at the time of the marriage or if grounds for divorce arose in the state of Connecticut. If any of these apply to you, you are eligible to have your divorce processed in Connecticut. The divorce process in Connecticut will begin when one spouse files a summons and complaint with the Supreme Court in the district where he or she lives. After this is filed, a 90-day cooling off period will ensue, during which the claim for divorce can be revoked. Over the course of this 90-day period, temporary assistance can be requested of the court by either spouse. Child custody and child support, as well as alimony are some examples of what the court can help you with. If a restraining order is needed in more violent cases, it can be obtained during this period. After this cooling off period is completed, you and your spouse are required to do two things. The first is that you must sign a document saying that your marriage is irrevocably broken. Secondly, you must make this claim in court. At this point your assets will be divided, including property, debt, and any other marital property. If communication is at all possible, you should try to maintain it with your spouse and sit down with him or her in order to divide your assets calmly. The process will be much easier if you are both willing to compromise. Child custody, support, and visitation will be discussed at this point, it you and your spouse have any children together. This is a basic outline of the steps that you must take in order to get a divorce in the state of Connecticut, but you should also talk to an attorney who can give you a better estimate of details specific to your case as well as a rough time estimate for how long the process will take. If you are looking to file for divorce, familiarize yourself with this process so that you can experience as quick and painless a divorce as possible.
Residency Requirements to File For Divorce
One of the most important things to straighten out before filing for divorce is making sure that you meet the Connecticut residency requirements. If you don’t meet these requirements, you will not be able to file for divorce in Connecticut. If the court discovers that you do not meet the residency requirements, they will not accept your application for divorce or your case will eventually be dismissed. Review these residency laws before filing for divorce in order to save yourself time and money. One requirement for filing for divorce or a legal separation in Connecticut is that either you or your spouse must be a resident of Connecticut for at least a year prior to filing for divorce. Another way to file for divorce in Connecticut is if you or your spouse resided in the state of Connecticut at the time that the marriage took place, and you or your spouse has returned to Connecticut with the intention of permanently remaining in Connecticut. This must be done before you file for divorce. The last way that you can file for a divorce in Connecticut is if the cause for divorce occurred after you, your spouse, or both parties moved to the state. Furthermore, if you or your spouse is serving in the army or has served in the army, and if you or your spouse as a resident of Connecticut at the time of entry into the army, this person will be considered a resident of Connecticut for as long as they are serving in the army. If you realize that you do not meet the residency requirements to get a divorce in the state of Connecticut, you have a few options.. You can establish residency in Connecticut for a full year and then file for divorce. Another option is asking your spouse to file for the divorce if you are not a resident of Connecticut but he or she is. This may not always be an option, but if you are on good terms with your spouse, it is a possibility. If none of these options are possible or if they do not suit you, you can choose to get divorced in a state in which you or your spouse do meet the residency requirements. Make sure that you understand the residency requirements in the state of Connecticut before you try to file for divorce. This can save you the hassle of starting the divorce process only to be told that you cannot legally get a divorce in Connecticut. Also consider some of the other options available to you if you are not a resident of Connecticut but you want to get a divorce in that state. Talk to an attorney about your options if you are unsure what the best plan of action is for you.
State of Connecticut Resources Available for Download
The State of Connecticut Law Library system has a number of downloadable guides to family cases. You can find them here in case you would like to read more. Nothing beats discussing your situation with a lawyer, so please contact a Connecticut Divorce Lawyer here
One of the most important things to straighten out before filing for divorce is making sure that you meet the Connecticut residency requirements. If you don’t meet these requirements, you will not be able to file for divorce in Connecticut. If the court discovers that you do not meet the residency requirements, they will not accept your application for divorce or your case will eventually be dismissed. Review these residency laws before filing for divorce in order to save yourself time and money. One requirement for filing for divorce or a legal separation in Connecticut is that either you or your spouse must be a resident of Connecticut for at least a year prior to filing for divorce. Another way to file for divorce in Connecticut is if you or your spouse resided in the state of Connecticut at the time that the marriage took place, and you or your spouse has returned to Connecticut with the intention of permanently remaining in Connecticut. This must be done before you file for divorce. The last way that you can file for a divorce in Connecticut is if the cause for divorce occurred after you, your spouse, or both parties moved to Connecticut. Furthermore, if you or your spouse is serving in the army or has served in the army, and if you or your spouse as a resident of Connecticut at the time of entry into the army, this person will be considered a resident of Connecticut for as long as they are serving in the army. If you realize that you do not meet the residency requirements to get a divorce in the state of Connecticut, you have a few options.. You can establish residency in Connecticut for a full year and then file for divorce. Another option is asking your spouse to file for the divorce if you are not a resident of Connecticut but he or she is. This may not always be an option, but if you are on good terms with your spouse, it is a possibility. If none of these options are possible or if they do not suit you, you can choose to get divorced in a state in which you or your spouse do meet the residency requirements. Make sure that you understand the residency requirements in the state of Connecticut before you try to file for divorce. This can save you the hassle of starting the divorce process only to be told that you cannot legally get a divorce in Connecticut. Also consider some of the other options available to you if you are not a resident of Connecticut but you want to get a divorce in that state. Talk to an attorney about your options if you are unsure what the best plan of action is for you. Contact me by clicking here to schedule a free consultation.
If you are interested in filing for divorce in the state of Connecticut, it is important to understand that it is a difficult and lengthy process. If there is any way that you can reconcile with your spouse, you will want to consider this option. However, if you feel that divorce is your only option, there are many reasons for which you can file for divorce. If you want to file for divorce in the state of Connecticut, it is important to keep in mind that you must have grounds for dissolving the marriage. There are many reasons for which you can file for divorce however Connecticut is no-fault state, which means such reasons do not have to be alleged when filing. When a party files for divorce, typically the allegation is that the marriage has broken down irretrievably and there are no hopes of repair. Either spouse can file for divorce, but only one spouse is required to start the process. You have the legal right to receive a divorce, even if the other party does not want a divorce or refuses to cooperate with the divorce proceeding. You can contact me by clicking here to set up a free consultation to see if I can assist you in this process.