Connecticut No Fault Divorce
We are often asked whether Connecticut is a no fault divorce state. The answer is yes . . . and no. Connecticut actually has both “no fault” and “for fault” divorces.
Please read on to learn more.
Connecticut Divorce Grounds
The grounds for divorce in Connecticut include both “no fault” and “for fault” divorce grounds. Section 46b-40 of the Connecticut General Statutes lays out both the no-fault and for-fault grounds for divorce. Read: What are the Grounds for Divorce in Connecticut?
Connecticut No-Fault Divorce
There are two no-fault divorce grounds in Connecticut. They are:
- The marriage has broken down irretrievably
- The parties have lived apart by reason of incompatibility for a continuous period of at least the eighteen months immediately prior to the service of the complaint and that there is no reasonable prospect that they will be reconciled
The most common no-fault divorce ground in Connecticut is “the marriage has broken down irretrievably. You may have heard the term “irreconcilable differences” when it comes to no-fault divorce. Essentially, “broken down irretrievably” is Connecticut’s version of “irreconcilable differences.”
No-Fault Divorce Facts
- In a no-fault divorce, neither spouse must prove that the other is “at fault” in order to be granted a divorce. Rather, you prove that the marriage has irretrievably broken down with no reasonable prospect of reconciliation.
- Either spouse’s testimony that the marriage has irretrievably broken down is sufficient for the court to order the divorce.
- No-fault divorce does not mean that a court will never consider whether one spouse is the reason why the marriage broke down. Even in no-fault divorces, the concept of fault is built into our law and judges can consider whether one spouse had a more significant role in breaking down the marriage when it comes to alimony and property division.
- Although judges have the authority to adjust their orders based upon the cause of the breakdown (for example, adultery), there are many other factors that they take into account when making decisions about property distribution and alimony.
Read: Alimony: The Comprehensive Connecticut Guide
Now that you have learned more about no fault divorce in Connecticut, you may want to learn more divorce information and facts or the available alternative ways to divorce. Our first step at Freed Marcroft, the Goals & Planning Conference, is designed to get to the heart of your problem and unveil your true goals. Then, we take those goals along with the facts of your case and analyze them so that we can present you with recommendations and options on how to move forward.