Grounds for Divorce in Connecticut

Connecticut provides both no-fault and fault-based grounds for divorce, offering flexibility for couples based on their unique circumstances.

No-Fault Grounds for Divorce

• Irretrievable Breakdown: The most common no-fault ground in Connecticut, meaning that the marriage has broken down irretrievably and there is no possibility of reconciliation.

• Living Apart for 18 Months: The spouses have lived apart due to incompatibility for a continuous period of at least 18 months prior to filing, and there is no reasonable prospect of reconciliation.

Fault-Based Grounds for Divorce

• Adultery: One spouse engages in voluntary sexual intercourse with someone other than their spouse.

• Fraudulent Contract: The marriage was entered into based on fraud, misrepresentation, or deceit by one spouse.

• Willful Desertion: One spouse has willfully deserted or abandoned the other for at least one year.

• Seven Years’ Absence: One spouse has been absent for seven years and not heard from during that time.

• Habitual Intemperance: One spouse habitually abuses alcohol or drugs.

• Intolerable Cruelty: One spouse subjects the other to cruelty that makes continued cohabitation intolerable.

• Imprisonment: One spouse is sentenced to imprisonment for life or for a period of five years or more.

• Mental Illness: One spouse has been confined to a mental institution for at least five years within the six years prior to filing.

Key Points

• Irretrievable Breakdown as a Common Ground: Most divorces in Connecticut are filed under this ground because it does not require proving fault, simplifying the process.

• Impact of Fault on Divorce Proceedings: Citing fault-based grounds can influence the division of marital property, spousal support, and child custody arrangements.

• Residency Requirements: To file for divorce in Connecticut, either spouse must meet the state’s residency requirements, which include living in the state for at least 12 months before filing.

Conclusion

Understanding the grounds for divorce in Connecticut is crucial for anyone considering ending their marriage in the state. Whether opting for a no-fault divorce based on irretrievable breakdown or citing specific fault-based grounds, it's important to consider how the grounds might affect the divorce process, including financial settlements and child custody decisions.

Consulting with a legal professional can provide guidance tailored to an individual's specific situation.