DIVORCE LAW

​In Connecticut, you can file for divorce if your marriage is irretrievably broken or if you have lived apart for 18 months. This is considered a no-fault divorce. You may also file for divorce based on fault, meaning that the divorce is based on one spouse's actions, such as adultery, abandonment, or intolerable cruelty. For a complete list of grounds, see Conn. Gen. Stat. Ann. § 46b-40(c).

 

On October 1, 2015, a new State law was passed which provides for two new simplified processes by which individuals can obtain a divorce.

  1. The First simplified process, those who are eligible also can obtain a divorce in 35 days or less as compared with the regular procedure, which takes at least three months. In addition, a judge may now grant these divorces “on the papers,” meaning individuals who qualify do not need to come to court.

    1. Non-adversarial Divorce  Eligibility factors include:

      1. Being married nine (9) years or less; 

      2. Neither person is pregnant;

      3. No children were born or adopted before or during the marriage;

      4. Neither spouse has any interest or title in any real property;

      5. The total value of all property they own is less than $35,000;

      6. Neither spouse has a company sponsored pension plan;

      7. Neither spouse has a pending bankruptcy;

      8. Neither spouse is applying for or receiving Medicaid benefits;

      9. No other action of dissolution of marriage is pending; and

      10. There are no restraining or protective orders between the spouses.

    2. Divorce with an Agreement- Waive 90 Days:

      1. The Second new simplified process applies to those individuals who have reached an agreement on all terms of their divorce. They may now file a motion to ask a judge to waive the 90-day waiting period that is part of the dissolution process, thus shortening the amount of time their divorce will take to complete

    3. Divorce without an Agreement

      1. However, if you and your spouse cannot agree on all terms/issues (alimony, custody, child support, visitation, division of property/money, payment of debts) then you will need to begin the initial process of a traditional divorce.

    4. Default Waive 90 Days:

      1. Connecticut added a new process that allows you to get a divorce before the 90 days, even without an agreement on all issues. If your spouse has failed to file an appearance 30 days from the Return Date you can ask the court to waive the 90 day waiting period. However, if your spouse has filed an appearance, but you and your spouse reached an agreement on all issues before the 90-day waiting period is over you can get a divorce at any time.

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