Connecticut allows married couples to legally separate, divorce, or annul a marriage. In a divorce, a marriage is ended, marital property is distributed, and each spouse’s martial rights are terminated. If there are children, child custody and visitation must be determined. One spouse may also have to pay child support to the other. One spouse may be ordered to pay spousal support to the other.
Connecticut has residency requirements for divorce. A person seeking a divorce must have lived in the state for at least twelve months before filing for divorce, although there are exceptions.
A legal separation allows the spouses to live separately, but they cannot legally remarry. Also, the spouses retain their rights to inheritance from the other as provided in Connecticut law. In Connecticut, the same residency requirements apply for legal separation as for divorce.
An annulment voids a marriage. After an annulment, it is as if the marriage never took place. If a person is unsure about whether they want a divorce, separation, or annulment, they should consult an experienced Connecticut family law attorney to discuss the pros and cons of each and which might be best for the person’s situation.
What Paperwork Do I Need to File for Divorce?
To file for divorce, a person must file a set of documents with the Clerk of the Superior Court in the county where they live. These documents should include the following:
- Summons Family Actions;
- Divorce Complaint/Cross Complaint.
The following documents should be submitted to the Clerk along with the complaint:
- Notice of Automatic Court Orders;
- Affidavit Concerning Children.
If a person needs to request temporary orders from the court while their divorce case is in progress, they may also fill out and submit the following:
- Motion for Orders Before Judgment in Family Cases.
Additional forms are required during the divorce process, including financial information and a parenting plan if the divorcing couple has children. All of these documents are available online.
Once a person has filed their complaint petition and other forms, a state marshal must serve the papers on the person’s spouse. The office of the Clerk or the Court Service Center can provide a person with a list of state marshals from which they can choose a marshal to serve the papers on their spouse.
The state marshal charges a fee for delivering the paperwork, but the court excuses a person from paying the fee. The person only has to complete a form to ask the court to pay the fee if they prove they cannot afford it. A person can also use this form if they cannot afford to pay the fee to file their case.
While a person is not legally required to notify their spouse before filing for divorce, it may be a good idea. The person may be able to negotiate the terms of their divorce amicably, which could lead to an easier divorce process. In many cases, however, this is not a possibility.
However, if the person is a victim of domestic abuse, they may wish to get a temporary protective or restraining order from the court before they file for divorce. The person may want advice from a family law attorney about protecting themselves from the possibility of violence.
How Is Property Divided During a Divorce?
A couple can always negotiate their own property division when they divorce. The court will probably approve if it is a reasonably fair division. However, if the spouses cannot split up their assets, the court divides the marital property equitably.
Equitable distribution does not divide marital assets 50/50. Rather, the court determines what is fair based on a series of factors, including the value of the property and each spouse’s economic circumstances.
While marital property is equitably divided between spouses, each spouse is allowed to keep their separate property. Separate property is property that one spouse acquired as follows:
- Before the marriage,
- Through Inheritance, and
- What is excluded by a valid prenuptial agreement.
However, if a spouse commingled separate property, i.e., allowed their spouse access and the benefits of the asset, it may be considered marital property.
If a person is not successful in negotiating a fair distribution of their marital property, an experienced lawyer may be able to help with negotiations.
What Should I Do If I Have Children?
If the spouses have children under 18, they must participate in a parenting education program within 60 days of filing their complaint for divorce. There is a fee for the class, but a person may apply to the court to be excused from paying the fee. The court may decide that a person does not have to pay the course fee. There is a form to use for asking the court to waive the fee for the course.
A person must complete the following additional forms to participate in the class:
- Parenting Education Program, List of Approved Programs;
- Parenting Education Program Order, Certificate, and Results.
If spouses have children, they will have to address child custody issues and child support during the divorce. If the spouses cannot agree on child support and custody issues, the court awards custody and support based on various factors and guidelines. The main factor that the court considers is the best interests of the child.
Like all other states, Connecticut has two types of child custody that need to be determined. Physical custody is where the child lives. If spouses choose joint custody, the child would spend an equal, or almost equal, amount of time living with both parents.
Legal custody is the right to make life choices for the child. Life choices include educational decisions, medical and healthcare decisions, and decisions about religious affiliation. If joint legal custody is awarded to both parents, then both parents would decide these issues jointly.
Connecticut judges evaluate the following factors about each parent when deciding which one should have physical custody:
- Their morals;
- Their respective financial situations;
- Which parent is best able physically to care for the child;
- Which parent is most willing and able to devote time to the child’s educational achievement;
- Which parent is most able to make important decisions about the child’s upbringing;
- Which parent is most willing and most likely to properly follow the child custody agreement while also encouraging a relationship between the child and the parent who does not have custody.
A judge may decide that joint physical custody is the best arrangement in a particular case or that one parent should have sole physical custody and the other should have visitation rights.
Do I Need to Pay Alimony?
Connecticut courts weigh several factors before awarding alimony or spousal support. Alimony can be temporary or permanent, but if the spouses’ circumstances change, it can also be modified. One spouse may be required to pay temporary spousal support while the divorce is pending.
Again, if the spouses cannot agree on alimony, the court decides the issue after considering the following factors:
- The length of the marriage;
- The reason for the couple’s divorce, legal separation, or annulment, e.g., if one spouse was at fault;
- Each spouse’s age and health;
- Each spouse’s earning capacity, occupation, and employability;
- Each spouse’s financial resources and needs; and
- If there are children, whether one parent is to have custody and whether that parent can and should work.
The spouse who asks for alimony would have to prove their need for the support and the ability of the other spouse to provide it.
Do I Need the Help of a Lawyer for My Connecticut Divorce?
Divorces can become stressful and complicated, especially if the spouses have difficulty coming to an agreement about the issues and there are children.
If your divorce involves a significant property division, child custody, support, or alimony, you want to consult a Connecticut divorce lawyer. A lawyer can advocate on your behalf and work to secure the best possible results for you.
