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Connecticut Divorce Law Residency Requirements for Divorce in
Connecticut
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The dissolution of marriage may be filed by either spouse if a
resident. However, the dissolution of marriage will not be finalized
until 1 spouse has been a resident for 1 year; unless 1 of the
spouses was a resident of Connecticut at the time of the marriage
and returned with the intention of permanent residence; or if the
grounds for the dissolution of marriage arose in Connecticut. In
cases which involve support, the dissolution of marriage is to be
filed in the county in which the plaintiff resides. In all other
cases, the dissolution of marriage may be filed in any county which
is most convenient to both spouses.
[Connecticut General Statutes Annotated; Title 46b, Chapter 44 and
Title 51, Chapter 349].
Legal Grounds for Divorce in Connecticut
- No Fault Divorce:
- Irretrievable breakdown of the marriage
- Incompatibility and voluntary separation
for 18 months with no reasonable prospect for
reconciliation.
[Connecticut General Statutes Annotated; Title
46b, Chapter 40].
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- General Divorce:
- Adultery
- Life imprisonment
- Confinement for incurable insanity for a
total of 5 years
- Willful desertion and nonsupport for 1
year
- 7 years absence
- Cruel and inhuman treatment
- Fraud
- Habitual intemperance (drunkenness)
- Commission and/or conviction of an
infamous crime involving a violation of conjugal duty and
imprisonment for at least 1 year.
[Connecticut General Statutes Annotated; Title
46b, Chapter 40].
Legal Separation in Connecticut
A legal separation may be granted on the following grounds:
1. Irretrievable breakdown of the marriage
2. Incompatibility and voluntary separation
3. Adultery
4. Life imprisonment
5. Confinement for incurable insanity for a total of 5 years
6. Willful desertion and nonsupport for 1 year
7. Cruel and inhuman treatment
8. Fraud
9. Habitual intemperance (drunkenness)
10. Commission and/or conviction of an infamous crime involving a
violation of conjugal duty and imprisonment for at least 1 year
There is no residency requirement noted in the statute.
[Connecticut General Statutes Annotated; Title 46b, Chapter 40].
Simplified/Special Divorce Procedures in Connecticut
Proof of the breakdown of the marriage can be made by:
1. The spouses signing an agreement or statement that their marriage
is irretrievably broken
2. Both spouses stating in court that their marriage is
irretrievably broken and submitting an agreement concerning the
care, custody, visitation, maintenance, support, and education after
custody of their children, if any, and concerning alimony and the
disposition of any property
[Connecticut General Statutes Annotated; Title 46b, Chapter 51].
Divorce Mediation or Counseling Requirements
Within 90 days after the dissolution of marriage has been filed,
either spouse or the attorney for any minor children may submit a
request for conciliation to the clerk of the court. Two mandatory
counseling sessions will be ordered. Mediation services may also be
available from the court for property, financial, custody, and
visitation issues.
[Connecticut General Statutes Annotated; Title 46b, Chapter 53 and
53(a)].
Divorce Property Distribution
Connecticut is an "equitable distribution" state. The court may
assign to either spouse all or part of the property of the other
spouse, including any gifts and inheritances, based on the following
factors:
1. The contribution of each spouse to the acquisition of the marital
property, including the contribution of each spouse as homemaker
2. The length of the marriage
3. The age and health of the spouses
4. The occupation of the spouses
5. The amount and sources of income of the spouses
6. The vocational skills of the spouses
7. The employability of the spouses
8. The estate, liabilities, and needs of each spouse and the
opportunity of each for further acquisition of capital assets and
income
9. The circumstances that contributed to the estrangement of the
spouses
10. The causes of the dissolution of marriage
[Connecticut General Statutes Annotated; Title 46b, Chapter 81].
Alimony and Spousal Support
Alimony may be awarded to either spouse, based on the following
factors:
1. The causes for the dissolution of marriage, including any marital
fault
2. The distribution of the marital property
3. Whether the spouse seeking support is the custodian of a child
whose condition or circumstances make it appropriate for that spouse
not to seek outside employment
4. The duration of the marriage
5. The age of the spouses
6. The physical and emotional conditions of the spouses
7. The usual occupation of the spouses during the marriage
8. The needs of each spouse
9. The vocational skills and employability of the spouse seeking
support and alimony
[Connecticut General Statutes Annotated; Title 46b, Chapters 82 and
86].
Spouse's Name After Divorce
Either spouse's birth name shall be restored upon request.
[Connecticut General Statutes Annotated; Title 46b, Chapter 63].
Child Custody After Divorce
Joint or sole custody is awarded based upon the best interests of
the child and the following factors:
1. The causes for the dissolution of marriage if such causes are
relevant to the best interests of the child
2. The wishes of the child if the child is of sufficient age and is
capable of forming an intelligent choice
There are no other specific state guidelines for consideration.
There is a presumption that joint custody is in the best interests
of the child if both parents have agreed to joint custody.
[Connecticut General Statutes Annotated; Title 46b, Chapters 56,
56a, 56b, and 84].
Child Support After Divorce
Either parent may be ordered to contribute child support, based on
the following factors:
1. The financial resources of the child
2. The age, health, and station of the parents
3. The occupation of each parent
4. The earning capacity of each parent
5. The amount and sources of income of each parent
6. The vocational skills and employability of each parent
7. The age and health of the child
8. The child's occupation
9. The vocational skills of the child
10. The employability of the child
11. The estate and needs of the child
12. The relative financial means of the parents
Either parent may be ordered to provide health insurance for the
child. There are official Child Support Guidelines. These guidelines
are presumed to be correct unless there is a showing that the amount
would be inequitable or inappropriate under the particular
circumstances in a case.
[Connecticut General Statutes Annotated; Title 46b, Chapter 84]. Continue to
Delaware Divorce
Laws |
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Resource
Article:
How important is consistency really?
By Gary Direnfeld, MSW, RSW
When not at home, children may be subject to the care of alternate
care providers, schoolteachers, baby sitters, coaches and
instructors. Suffice it to say; virtually all children learn to
differentiate the styles, expectations and structures imposed by all
these different people and situations and thrive. Hence children
learn to run during soccer, yet walk on the deck at the swimming
pool. Whereas in one class they may be required to sit quietly, in
another they may be allowed to ask questions directly of the
teacher. Therefore different teachers will impose a variety of
expectations and children learn to differentiate between them and
manage accordingly. The only way a problem would develop is if one
teacher demands of the children that they follow the same rules in
the other teacher’s class as their own.
As parental differences become known, some parents may seek to use
these differences as cause for limiting the other parent’s
relationship, influence or time with the child or may seek to impose
their style, expectations and structure, or way of doing things on
the other parent.
Parents need to appreciate they can have different styles,
expectations and structure, as does virtually every teacher have
their own way of managing a classroom. Assuming a parent’s behaviour
is not lawless or abusive and the child progresses developmentally
appropriately, different parental styles, expectations and structure
can actually benefit the child as the child learns to adapt and
manage a variety of situations.
With regard to child development, it is usually not parental
differences that is harmful to children, but rather conflict between
parents over their differences. Children can adapt to parents’
differences but being drawn into their conflict is distressing and
distracting.
Parents who are distressed over their differences are advised to
determine if the differences are truly significant or just irksome
to themselves before raising objections. If the child is perturbed
by parental differences and brings issue from one parent to the
other, it can be advisable to redirect the child back to the other
parent to discuss the issue directly. In so doing, the child learns
to communicate their concerns directly and parents maintain a more
appropriate boundary between themselves. This is in much the same
way as one teacher wouldn’t take on the issues of another teacher,
but would redirect the student to deal directly with the other
teacher.
Given the opportunity most parents appreciate being able to manage
their own relationship with their children without intrusion. If a
parent looks unreasonable, it may be that they are just annoyed for
having their style, expectations and structure dictated by the other
parent. Parents are advised to be certain parental differences are
truly problematic before taking issue. If unsure, parents are
advised to consider obtaining guidance from a parenting expert with
expertise working with separated parents. |
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Divorce Factoid:
Divorce Rates UK
According to the Office of National
Statistics, divorce rates in the UK have risen over the
past three years since falling back from the level
reached in 1996. The total number of divorces in England
and Wales last year was 153,490, working out at 13.9
divorces per 1,000 married people. This rose from 13.4
in 2002Some facts about divorce
rate in the UK
There were 160,000 divorces in England and Wales in
2002, a increase of almost 2% from 2001 figure of
157,000
Seven out of 10 cases, it was the first divorce. So 70%
divorce in UK are first divorce.
The average age at which couples split in UK is 42 for
men and 39- for women.
Half the couples who divorce have at least one child
aged under 16.
Web romance 'fuels divorce rise' in UK, BBC NEWS August
31, 2004
First two years of marriages have the highest divorce
rates in the UK. |
Disclaimer: This website is not intended to give legal advice or service.
It
is an informational website and should only be used as such. For legal issues seek a competent legal counsel or advisor. A
man that represents himself has a fool for a client.

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