Going through a divorce can be overwhelming. Trying to navigate the often complicated legal process while dealing with your emotions isn't easy for anyone. If you are going through a divorce in Connecticut, there are a few things you should know. After all, being properly informed can have a major impact on your case.

Connecticut has laws covering all aspects of a divorce, from dividing property to child custody and financial support. While it's also best to retain an attorney to guide you through the process, it's still a good idea to have some information regarding your legal lights.

What Is Considered Grounds for Divorce in Connecticut

Connecticut recognizes two types of divorce: no-fault and fault. A no-fault divorce is the most common type in Connecticut, and it simply means neither party is placing blame for the dissolution of the marriage on their spouse. You're not required to show wrongdoing in a no-fault divorce, and some can even be settled without making a court appearance.

Fault divorces are different, and one spouse must clearly show proof or evidence of the other's wrongdoing. If you cannot provide proof, the court will not grant a fault divorce. This means refiling your case as a no-fault divorce. There are also specific reasons for claiming a fault divorce. These include fraud, adultery, willful desertion, cruelty, imprisonment, and constant anger issues.

Something to note: willful desertion doesn't apply to military service members on deployment. An example of willful desertion is when one spouse moves out without providing support for the remaining spouse or their children.

How to File for a Divorce in Connecticut

You must meet a crucial requirement to file for divorce in Connecticut. You and your spouse must live in the state for at least 12 months. If you don't meet the residency requirement, you may need to file for divorce in the state you lived in previously.

However, this can get a little complicated, so it's best to have a divorce attorney on your side. Your divorce complaint is filed with the Connecticut Superior Court, and the document must contain information regarding the grounds for divorce, along with any alimony, child custody, and property claims.

Don't worry about serving your spouse with the divorce paperwork—the courts understand this is a sensitive time; typically, a state marshal will take care of this step.

Understanding Contested vs Uncontested Divorces

Hopefully, you and your partner can reach an amicable divorce agreement. If so, you're going through an uncontested divorce. This type of divorce is the easiest to settle. You and your soon-to-be former spouse have agreed upon everything and can skip the trial phase.

Unfortunately, not all divorces are amicable. Spouses often find themselves fighting over everything from property to bank accounts and children. Even inexpensive dishware can become a point of contention.

When both spouses cannot reach an agreement, the divorce can become drawn-out and expensive. Chances are, you'll have multiple court appearances, mediation, and lengthy trial preparation.

Dividing Property in a Connecticut Divorce

Connecticut has laws regarding property division, and the state recognizes equitable distribution in divorces. This means that the property may not be divided equally between spouses; instead, the court will divide the property in a way it believes is fair to both parties. This applies regardless of who's name is on a property deed or title.

Property is not limited to houses and land; vehicles and retirement accounts also fall under Connecticut's property guidelines, and even pets can be divided by the court. For example, you may get the family's dog while your spouse ends up with the pet cat.

There are some factors the court considers when dividing up marital property, which include:

  • Length of the marriage

  • Each spouse's contribution to the shared assets

  • Each spouse's average earning capacity

  • The spouses' ages and health

Adding to the confusion is Connecticut being both an equitable distribution and an all-property state. As an all-property state, if a spouse enters the marriage with property holdings, this may be exempt from the divorce settlement. Also, having a prenup in place can also cancel any equitable distribution steps.

Navigating Child Custody and Support

Connecticut courts always place the child's best interests ahead of the parents' wishes when it comes to divorce proceedings. The state recognizes two types of child custody—legal and physical custody. Legal custody refers to who makes the decisions concerning the child's upbringing, while physical custody determines where the child will live.

In most cases, the courts will often award both parents equal rights, where the court will typically work out a shared custody and visitation plan to help prevent any potential issues between the two parents. However, child custody is a little more complex, and the court will consider each parent's income and the number of shared children.

Getting Alimony in a Connecticut Divorce

Alimony or spousal support is often a touchy subject, especially for the spouse, in order to make payments. The purpose of alimony is to help ensure both spouses are able to maintain a lifestyle relatively similar to their married life.

The state can award temporary, lifetime, or rehabilitative alimony, and there are several factors that go into deciding if alimony is warranted and the type that is awarded. To ensure your financial rights are protected, it's best to work with an experienced divorce attorney. Your attorney will help ensure you're receiving or not paying more than your fair share.

Consider Mediation or a Collaborative Divorce

Did you know you may be able to skip the court process and still receive a divorce in Connecticut? Going to court and enduring a trial is expensive, time-consuming, and stressful.

You may be able to avoid this by going to mediation, where a neutral third party will help you work out the terms of your divorce, so all that's left is to file the paperwork with the courts. A collaborative divorce involves your and your spouse's attorneys, where the attorneys work out the details according to the wishes of their respective clients, avoiding a lengthy and expensive trial.

Find a Connecticut Divorce Attorney Near You

As you're searching for a divorce attorney, look for one with experience in cases similar to yours. This will help simplify your divorce process, which not only saves time and money but also takes some of the stress out of the situation.

With a bit of thorough research and doing your due diligence, you can find a trusted Connecticut divorce attorney who will help you navigate the many challenges that come with divorce proceedings.