If you have any questions about divorce in Connecticut, please contact Joseph Maya at 203-221-3100 or by email at JMaya@mayalaw.com.
No Fault?
In Connecticut, litigants have the option of filing “no fault” or for fault if the criteria for one of the statutory grounds is met. The general rule in Connecticut, and other “no-fault” jurisdictions, is that a spouse is not required to prove “grounds” (a reason) to obtain a dissolution of marriage. Prior to “no fault” divorce, it was possible that if a plaintiff failed to prove the grounds, a divorce would not be granted. With “no fault” divorce, a court will grant a divorce on the ground that the marriage has simply “broken down irretrievably with no reasonable prospect of reconciliation.” This alleviates the burden of having to prove that one spouse caused the breakdown of the marriage. Nevertheless, many divorcing spouses will come into litigation painfully aware of the “cause” for the breakdown of the relationship, which begs the question: if the other spouse was the reason for the divorce, will the judge listen, and will it matter?
The answer is yes, to some degree. In fact, fault or “cause for the breakdown of the marriage” is one of the statutory criteria in Connecticut that the court will look at for diving the martial assets for equitable distribution and awarding alimony[1]. Although a party is not required to allege or prove fault, he or she is permitted to do so. If a party does allege fault, a judge may take the allegations into consideration when deciding how to divide the marital property and/or whether (and how much) alimony should be awarded to one spouse or the other. When the fault alleged by one party is substantial, and when it substantially contributes to the breakdown of the marriage or the loss of marital assets, a court is more likely to award that party a greater share of the assets or more alimony. Nevertheless, in the vast majority of court decisions judges usually find the parties equally responsible for the breakdown of the marriage even when fault is alleged by either or both parties.
Residency Requirements
Jurisdiction gives the court the authority to dissolve the marriage and enter orders. For a court to have jurisdiction, one party must have been domiciled (lived) continuously in the State of Connecticut for a period of twelve months prior to the date that the court issues the judgment. The residency requirement does not require you to have lived for the full year in the judicial district in which you have filed, so long as you have lived anywhere in the State of Connecticut. Additionally, you may file for divorce before meeting the one-year requirement, as long as a full year has elapsed before the final date of your divorce. There are also less frequently-used bases for jurisdiction as well: (1) the cause for the divorce arose after you and your spouse moved to Connecticut (but before you had been in the state for a year); (2) you were Connecticut residents before going on active military duty which took you out of state; or (3) you were previously a resident of Connecticut and moved back to Connecticut with the intent of making Connecticut your permanent residence. All of the above would give the courts in Connecticut the authority to grant your divorce. For further information and advice on this subject (especially if your factual circumstances are unique), it is strongly suggested you seek the advice of an attorney.
If you have any questions about divorce in Connecticut, please contact Joseph Maya at 203-221-3100 or by email at JMaya@mayalaw.com.
Venue
The town in which you live dictates the court in which your action will be filed and heard. Divorce actions in Fairfield County are heard in the courthouse for the Stamford/Norwalk Judicial District (123 Hoyt Street, Stamford, CT), the Danbury Judicial District (146 White Street, Danbury, CT), and the Fairfield Judicial District (1061 Main Street, Bridgeport, CT). There are certain towns where you may choose your courthouse. Generally speaking, no one court or set of judges is better than the other, and the courts follow similar procedures and rules, with limited, non-material exceptions.
Filing and Associated Fees
A divorce litigant, even one who represents himself or herself, should be prepared to pay certain court costs for the privilege of utilizing the court system. The current filing fee to start an action is $360.00.[2] A state marshal will be needed to serve the Summons and Complaint on your spouse in all cases, and rates for service generally range from $50.00 to $100.00, depending on the method of service and the number of attempts to serve the marshal is required to make. A list of State marshals can be found online at the judicial branch website. If there are minor children of the marriage, once the action is commenced, both parties will be required to participate in a Parenting Education Program at a current cost of $150.00 per person. The Parenting Education Program is six hours and is offered in one-, two-, or three-day classes, depending on the date and location of the program. Parties are not required to take the Parenting Education Program together. However, they may choose to do so if they wish. A detailed list of the locations of the program is found in Court form JD-FM-151. The education program generally fills out the required form (Form JD-FM-149) and files it with the judicial district where your case has been commenced. If you cannot afford the filing fee, marshal fee, or parenting class fee, you can submit the waiver request form (JD-FM-75) to the court.
If you have any questions about divorce in Connecticut, please contact Joseph Maya at 203-221-3100 or by email at JMaya@mayalaw.com.
[1] C.G.S. §46b-81 and §46b-82
[2] C.G.S. §52-259