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Before you start completing your uncontested divorce forms with us, please read all the requirements
for Connecticut divorce. Make sure that your situation matches all the requirements.
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 Grounds for divorce / Separation
Uncontested divorce
Residency requirements
Division of property
Appropriate Court
Mediation programs
Child custody
Former name restoration
A decree of dissolution of a marriage or a decree of legal separation shall be granted upon a finding that one of the following causes has occurred:
- The marriage has broken down irretrievably;
- the parties have lived apart by reason of incompatibility for a continuous period of at least the eighteen months immediately prior to the service of the complaint and that there is no reasonable prospect that they will be reconciled;
- 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 in excess of one year;
- legal confinement in a hospital or hospitals or other similar institution or institutions, 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.
(Connecticut General Statutes, Title 46b, Section 46b-40)
What is the difference between fault divorce and no-fault divorce?
If the complaint for dissolution of marriage or separation is uncontested, the judge in his sole discretion shall decide the number of witnesses required, if any. (Connecticut General Statutes, Title 46b, Section 46b-50)
A complaint for dissolution of a marriage or for legal separation may be filed at any time after either party has established residence in this state.
A residence is established if:
- One of the parties to the marriage has been a resident of this state for at least the twelve months next preceding the date of the filing of the complaint or next preceding the date of the decree; or
- one of the parties was domiciled in this state at the time of the marriage and returned to this state with the intention of permanently remaining before the filing of the complaint; or
- the cause for the dissolution of the marriage arose after either party moved into this state.
For the purposes of this section, any person who has served or is serving with the armed forces, as defined by section 27-103, or the merchant marine, and who was a resident of this state at the time of his or her entry shall be deemed to have continuously resided in this state during the time he or she has served or is serving with the armed forces or merchant marine. (Connecticut General Statutes, Title 46b, Section 46b-44)
At the time of entering a decree annulling or dissolving a marriage, the Superior Court may assign to either the husband or wife all or any part of the estate of the other. The court may pass title to real property to either party or to a third person or may order the sale of such real property, without any act by either the husband or the wife, when in the judgment of the court it is the proper mode to carry the decree into effect. (Connecticut General Statutes, Title 46b, Section 46b-81)
In fixing the nature and value of the property, if any, to be assigned, the court, after hearing the witnesses, if any, of each party, shall consider the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income. The court shall also consider the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates.
A Petitioner (person seeking a divorce/separation) shall file a Complaint to the Superior Court for the judicial district in which either Petitioner or Respondent resides. (Connecticut General Statutes, Title 46b, Section 46b-45)
A program of mediation services for persons filing for dissolution of marriage may be established in such judicial districts of the Superior Court as the Chief Court Administrator may designate. Mediation services shall address property, financial, child custody and visitation issues. (Connecticut General Statutes, Title 46b, Section 46b-56)
The court may assign the custody of any child to the parents jointly, to either parent or to a third party, according to its best judgment upon the facts of the case and subject to such conditions and limitations as it deems equitable. The court may also make any order granting the right of visitation of any child to a third party, including, but not limited to, grandparents.
In making or modifying any order with respect to custody or visitation, the court shall
- be guided by the best interests of the child, giving consideration to the wishes of the child if the child is of sufficient age and capable of forming an intelligent preference, provided in making the initial order the court may take into consideration the causes for dissolution of the marriage or legal separation if such causes are relevant in a determination of the best interests of the child, and
- consider whether the party satisfactorily completed participation in a parenting education program ordered by the court.
There shall be a presumption that joint custody is in the best interests of a minor child where the parents have agreed to an award of joint custody or so agree in open court at a hearing for the purpose of determining the custody of the minor child or children of the marriage. If the court declines to enter an order awarding joint custody pursuant to this subsection, the court shall state in its decision the reasons for denial of an award of joint custody. (Connecticut General Statutes, Title 46b, Section 46b-56a).
In any dispute as to the custody of a minor child involving a parent and a non-parent, there shall be a presumption that it is in the best interest of the child to be in the custody of the parent, which presumption may be rebutted by showing that it would be detrimental to the child to permit the parent to have custody. (Connecticut General Statutes, Title 46b, Section 46b-56b)
Former name may be restored upon a motion.
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