When marriage breaks down, couples often face confusion about their legal options. Whether to pursue a contested or uncontested divorce, choosing the path to take becomes a major headache.
Divorce refers to the legal ending of a marriage. In Connecticut, the legal term for divorce is the dissolution of marriage. However, these terms are used interchangeably as dissolution and divorce are essentially the same in Connecticut.
While every divorce case varies depending on the circumstances, the principle is the same. If you’re wondering about the legal process to get a divorce in Connecticut, you’ll get all the answers here.
Understanding Marriage Dissolution in Connecticut
In Connecticut, the legal term for ending a marriage is dissolution of marriage, not divorce. Unlike what most people think, this is usually more complex than just separating from a partner. Dissolution involves agreeing on several matters, depending on your situation.
For example, if a couple has children, a court must determine their fate during the divorce. The court must also answer important questions, like how joint property will be divided.
In short, the court must settle all matters relating to the separation in a way that favors all the parties.
Legal Grounds for Dissolution of Marriage in Connecticut
The two primary grounds for the dissolution of marriage in Connecticut are no-fault and fault-based.
- No-fault dissolution is the most common. It does not require proving that one spouse is to blame for the marriage’s breakdown. Instead, one or both spouses can file based on the claim that the marriage has broken down.
- Fault-based grounds include adultery, abandonment, and cruelty. These reasons can be used if one spouse wishes to prove the other is responsible for the marriage’s end.
No-fault dissolutions are simple and quick to settle, with parties parting amicably. On the other hand, fault-based separations are more complicated, so they take a longer time to resolve. It’s not unusual for the couple to fight over alimony, property division, and custody arrangements.
How to File for Marriage Dissolution in Connecticut
Dissolution of marriage in Connecticut follows a structured process. While every case may differ, the general steps include:
- Filing the Petition: To begin the process, the spouse seeking dissolution files a legal petition. This outlines the reasons for dissolution and includes financial information such as income, assets, and debts.
- Serving the Petition: After filing, the other spouse must be formally served with the petition. Alerting the other party is crucial for them to prepare for the case.
- Waiting Period: Connecticut requires 90 days from filing the petition to the final dissolution. This is a reflection period for both parties to reconsider their decision and finalize any other pending matters.
- Settling Disputes: If the spouses can’t agree on important issues, such as property division or child custody, they must attend mediation. If mediation doesn’t work, the case will go to court, and a judge will decide the unresolved matters.
Uncontested vs. Contested Dissolution of Marriage
The dissolution of marriage can be uncontested or contested. This depends on the parties involved and what they want from the dissolution.
- Uncontested Dissolution: The case is uncontested if both spouses agree on all the terms, such as property division and child custody. An uncontested dissolution is typically much quicker and less expensive than a contested one.
- Contested Dissolution: If the spouses disagree on one or more issues, the dissolution becomes contested. Mediation or a trial may be necessary to resolve the disputes in these cases. A judge will rule on pertinent topics like property, custody, and child support.
What Happens With Property and Children?
In Connecticut, property and debts are divided based on equitable distribution, not necessarily 50/50. The court considers marriage length, spouses’ contributions, and financial needs.
Depending on the parent’s situation, the court may grant sole or joint child custody. Its most crucial consideration is to find a stable and supportive environment for the child.
Child support is determined using a formula that considers both parents’ incomes and custody arrangement. If one spouse is financially struggling, alimony may also be granted to provide support.
How Legal Representation Can Help
Legal guidance ensures a smoother process and protects your rights, whether pursuing a contested or uncontested dissolution of marriage. Consult an experienced divorce lawyer who can help you weigh your options and make the best decision for your situation.