Is Connecticut a No-Fault Divorce State?
Yes. Under Connecticut law, married couples can obtain a divorce without seeking an assignment of fault. The state’s no-fault divorce law allows married couples to file for divorce on the grounds that their relationship is “irretrievably broken”. It should also be noted that Connecticut is not only a no-fault divorce state. You can also file for a fault-based divorce in Connecticut.
Understanding the Requirements for a No-Fault Divorce in Connecticut
The primary requirement to be eligible to obtain a no-fault divorce in Connecticut is residency. In order to qualify for the state’s residency requirement, you and your partner must be able to meet any one of the following three standards:
- One spouse must have resided within Connecticut for at least twelve months prior to the divorce filing;
- Both partners must have lived in Connecticut during their marriage, moved away and then moved back with the intention of remaining in the state; or
- The marriage must have ‘broken down’ after one of the spouses moved to Connecticut.
If you and your partner meet the Connecticut residency requirement, then the only other thing that you need to prove to get a no-fault divorce is that your marriage suffered an “irretrievable breakdown”. Both partners do not need to agree that there has been a marital breakdown. As long as one spouse is willing to testify that the relationship is irretrievably broken, then you can obtain a no-fault divorce.
The Biggest Myth About No-Fault Divorce
Some people incorrectly believe that a no-fault divorce will always be simple and that the specific reasons that the marriage broke down will always be irrelevant to the case. This is not necessarily true. In resolving certain key family law issues, from child custody rights to property distribution, Connecticut courts can still consider the conduct of the parties. Even if you are seeking a no-fault divorce, you should still be represented by a West Hartford divorce lawyer. Your lawyer can review the specific circumstances of your marriage and determine what needs to be done to protect your family law interests.
What are the Grounds for a Fault-Based Divorce?
Connecticut also allows people to seek a fault-based divorce. In certain circumstances, it may be in your best interests to seek a finding of ‘fault’ in your divorce case. As stated by the Connecticut Judicial Branch Law Libraries, there are several different grounds for a fault divorce in Connecticut. Some of the most common examples include:
- Adultery or marital infidelity;
- Fraud or deceit;
- Intentional desertion for at least one year;
- Seven years of absence;
- Ongoing substance abuse problems;
- A prison sentence of at least one year;
- Confinement in a mental institution for five out of six years; and
- Severe cruelty.
Contact Our Connecticut Divorce Attorneys Today
At Stanger Stanfield Law, we have extensive experience handling no-fault divorce cases in Connecticut. For a private consultation, please contact us today. With an office in West Hartford, we serve clients throughout Connecticut.