No-Fault Divorce
The general rule in Connecticut, along with other "no-fault" jurisdictions, is that a spouse is not required to prove "grounds" (a reason) to obtain a dissolution of marriage. In cases where fault does not exist, a court will grant a divorce on the basis that the marriage has "broken down irretrievably with no reasonable prospect of reconciliation." However, many divorcing spouses enter litigation with an acute awareness of the "cause" for the breakdown of their relationship, raising the question: if one spouse is deemed responsible for the divorce, will the judge consider this, and does it matter?
The answer is yes, to a certain extent. In Connecticut, while fault is incorporated into the statutory framework of divorce, a party is not obligated to allege or prove fault but is permitted to do so. If fault is alleged, a judge may consider these allegations when determining how to divide marital property and/or deciding on alimony details. When the fault alleged is substantial and significantly contributes to the breakdown of the marriage or the loss of marital assets, a court may award the affected party a greater share of assets or more alimony. Nonetheless, in most court decisions, judges acknowledge fault allegations made by either side, often deeming both parties equally responsible for the breakdown of the marriage.
Residency Requirements
For a court to have "jurisdiction"—meaning the authority to dissolve a marriage—one party must have been continuously domiciled in Connecticut for twelve months before the court issues the judgment. The residency requirement does not necessitate living in the specific judicial district where you file, and you may file for divorce before completing the year requirement, as long as a year has passed before your final divorce date. Additional jurisdiction bases exist: if the cause for divorce arose after you and your spouse moved to Connecticut (but before a year had passed), if you were a Connecticut resident before active military duty took you out of state, or if you were previously a Connecticut resident and returned with the intent of making it your permanent residence. These conditions provide Connecticut courts the authority to grant your divorce. It's recommended to seek advice from an attorney for further information, especially if your situation is complex.
Venue
The location of your residence determines the court where your action will be filed and heard. In Fairfield County, divorce actions are heard at the courthouse for the Stamford/Norwalk Judicial District (on Hoyt Street in Stamford), the Danbury Judicial District (on White Street in Danbury), and the Fairfield Judicial District (on Main Street in Bridgeport). Certain municipalities offer a choice of courthouses. Generally, no one court or set of judges is preferable to another, and courts adhere to similar procedures and rules with limited exceptions.
Associated Fees
Those pursuing divorce, even if self-represented, should anticipate certain court costs for utilizing the court system. The filing fee to initiate an action is $360.00. A state marshal is required to serve the summons and complaint on your spouse, with service fees ranging from $50.00 to $100.00, based on the method and number of attempts. If the marriage involves minor children, both parties must participate in a Parenting Education Class post-action commencement, at a cost of $125.00 per person.
Contact Us
If you have any questions about pursuing a divorce in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
