What is a “No Fault” Divorce in Connecticut?
We are often asked “What is a no fault divorce in Connecticut?” Connecticut has both “no fault” and “for fault” divorces.
To learn more, please read on!
Connecticut Divorce Grounds
Connecticut has both “no fault” and “for fault” divorce. Section 46b-40 of the Connecticut General Statutes lays out both the “no fault” and “for fault” grounds for divorce. If you would like more information on all the available grounds for divorce in Connecticut, please click here.
“No Fault” Divorce Grounds in Connecticut
- 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
Key Takeaways About Connecticut “No Fault” Divorce
- 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.
- This can be confusing, but “no fault” 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.
- It’s important to note that 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.
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.