Connecticut divorce laws
Child
Support
 Connecticut
divorce
laws
require
that
the parties
submit
a parenting
plan.
This
plan
is mandated
to cover
the custody,
care, education,
visitation,
maintenance
or child
support
of any
of their
children
or concerning
alimony or the
disposition
of property.
The court
will
then
determine
the financial
resources
and needs
of the
spouses
and the
children.
Also
examined
will
be the
parents
respective
fitness
to have
physical
custody
of or
rights of visitation
with
any minor
child.
If the
court
finds
that the agreement is suitable and acceptable it will likely incorporate
the agreement into the divorce decree. Should it find it unacceptable
and be
unable
to achieve
agreement
by the parents, it will impose what it deems
fair,
equitable and reasonable.
One or both parents can be ordered to provide
child support based on the following factors: (1) the
financial
resources of the child, (2) the occupation and earning
capacity
of each parent, (3) the amount and sources of income for
each
parent, (4) the age and health of the children, (5) the
estate and needs of the children, and (6) the relative
financial needs of the parents. Connecticut
state child support guidelines use the following
basis (net income): one
child 20%, two children 25%, three children
30%, four children 35%, five children 40%,
and six children 45%.
Should you not be represented
by an
attorney
and wish
to begin
the process
of establishing
a child
support
order,
you will
need
to contact
The Bureau
of Child
Support,
a division
of Connecticut’s
Department
of Social
Services.
The Bureau
of Child
Support
charges
( on
a sliding
scale
) a fee
of about
$25 to
apply
for child
support
services.
If you
only
want
assistance
in locating
your
child’s
non-custodial
parent,
the fee
is $10.
BCS can
assist
with
paternity,
locating
missing
parents,
collecting
and distributing
child
support
payments,
and establishing
child
support
orders.
Contact
the Connecticut
Dept.
of Social
Services for more information. Questions
about
Connecticut
divorce
laws
can be
directed
to this
department.
| Divorce Myth: Living together before marriage is a good way to reduce the chances of eventually divorcing. Reality: Many studies have found that those who live together before marriage have a considerably higher chance of eventually divorcing. The reasons for this are not well understood. In part, the type of people who are willing to cohabit may also be those who are more willing to divorce. There is some evidence that the act of cohabitation itself generates attitudes in people that are more conducive to divorce, for example the attitude that relationships are temporary and easily can be ended. |
Residency
In order for cases of divorce or legal separation
to proceed in Connecticut, either party must
have established residency in this state. One of the parties must have
resided in Connecticut for one year or more, or had married in Connecticut
and returned to re-establish residency and file for divorce, or the cause
of the filing arose after either party moved into the state.
Those serving with the armed forces will, if their entry into the armed forces was as a Connecticut resident, will be deemed to retain that residency regardless of domicile.
Child
Custody
 Connecticut
courts, by virtue of divorce statutes, have
the latitude to award joint custody or sole
custody. Joint custody in Connecticut is
defined as joint decision-making by the parents
and and is intended to foster well-being
and assure the child of continuing contact
with both parents. The court can award joint legal
child custody without awarding joint physical
custody where the parents have agreed to
merely joint legal custody. The courts prefer
to award joint custody, but findings that
indicate joint custody may not be in the
children's best interest can prompt the
court to order sole custody.
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. 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. The "best interests of the child" will prevail.
Grounds
for
Divorce
Connecticut divorce laws allow the court to
dissolve a marriage when one of the parties
dies, or a annulment has been granted. Grounds
for divorce in Connecticut are:
-
The marriage has broken down irretrievably
-
The parties have lived apart for at least eighteen months immediately prior to the filing.
-
Adultery
-
Fraudulent marital contract
-
Abandoned and neglected duties for more than one year.
-
Seven years' absence without any contact.
-
Habitual intemperance
-
Intolerable cruelty
-
Sentence to imprisonment for life or conviction of a crime involving a violation of conjugal duty and punishable by imprisonment for a period in excess of one year
-
Legal confinement in a hospital because of mental illness totaling five years
Mediation
 The court may order both parties to submit to mediation or conciliation at their own expense if the court finds that that approach is prudent. The court may also impose drug and alcohol screening, counseling or therapy. Mediation services can address property, financial, child custody and visitation issues. How you behave in the process and interact with your divorcing spouse can have a material effect on the judges decision. Consider being on your best behavior and control your emotions.
| Divorce Myth: When parents don’t get along, children are better off if their parents divorce than if they stay together. Reality: A recent large-scale, long-term study suggests otherwise. While it found that parents’ marital unhappiness and discord have a broad negative impact on virtually every dimension of their children’s well-being, so does the fact of going through a divorce. In examining the negative impacts on children more closely, the study discovered that it was only the children in very high conflict homes who benefited from the conflict removal that divorce may bring. In lower-conflict marriages that end in divorce—and the study found that perhaps as many as two thirds of the divorces were of this type—the situation of the children was made much worse following a divorce. Based on the findings of this study, therefore, except in the minority of high-conflict marriages it is better for the children if their parents stay together and work out their problems than if they divorce. |
Alimony
Alimony (or maintenance) can be ordered at any time during the process, and can be temporary or permanent, or have time-specific (number of years) conditions applied to it. Certain other conditions can be imposed such as the termination of alimony if the recipient remarries. Insurance coverage may be ordered for any period of time.
Waiting
Period
Connecticut requires that at least ninety days have elapsed from the date of filing date before the court may grant a divorce or dissolution. Should a decree of annulment or dissolution be granted, the parties will be considered unmarried and they be free to marry again without any time restriction.
Grandparents
Rights
Federal law allows grandparents to petition
the court for visitation with and by their grandchildren.
Should the court find that visitation of
a child to the grandparents is in the children's
best interests, it may grant the request. It is wise to consider making
your petition during the divorce process of your grown adult child as a
petition after the decree may result in additional time and expense.
| Divorce Myth: Because people learn from their bad experiences, second marriages tend to be more successful than first marriages. Reality: Although many people who divorce have successful subsequent marriages, the divorce rate of remarriages is in fact higher than that of first marriages. |
Dividing
Assets
 Connecticut is an equitable distribution state. The courts will divide assets and debts based on those debts being determined to be pre-marital or post-marital. The division will be fair and equitable, but not necessarily equal. Factors the court considers are: 1.) The length of the marriage; 2.) The cause of the the legal action; 3.) The age, health and station of each party; 4.) The occupation, amount and source of income of each party; 5.) The vocational skills and employability of each party; 6.) The estate, liabilities and needs of each of the parties; 7.) The opportunity of each party for future acquisition of capital, assets and income; and, 8.) The contribution of each party to the acquisition, preservation or appreciation of each party's estate weighs into the courts judgment.
Did you come into this
marriage owning a house? Concerned about the equity in that house
that you brought into the marriage? Here's how it works generally.
What you brought into the marriage is usually all yours. However,
any appreciation of the house or the property value is normally treated
as a "marital asset", meaning that you will likely forfeit
a third to a half of that appreciation to your spouse in the divorce.
|
