In many states, it’s still law that the person filing for Connecticut Divorce Lawyerdivorce has to prove their spouse was at fault for the dissolution of their marriage. However, Connecticut has the option of a “no-fault” divorce for marriages that are irretrievably broken. This is good news for couples who have simply grown apart or can’t solve their differences.
What is a No-Fault Divorce?
The state of Connecticut allows a no-fault divorce when there is no chance of reconciliation for you and your spouse. A no-fault divorce is the most common Connecticut divorce procedure. All that is required is for one of the spouses to testify (often in an uncontested hearing) – that there is an “irretrievable breakdown of the marriage with no hope of reconciliation.” The other party cannot impede or stop this from occurring. Thus, the moving party does not need to allege or prove any type of fault (e.g. adultery, physical abuse, mental abuse etc…).
Filing for a No-Fault Divorce
Whether you file for a no-fault or fault divorce in Connecticut, the process is the same. The plaintiff spouse files a complaint in the superior court located in the judicial district where they or their spouse lives. This complaint must list the reason(s) for the divorce and provide information about children resulting from the marriage. The complaint may also ask the court to award alimony or child support, restore a maiden name, grant legal and physical custody of the children, and divide marital debts and assets.
After the complaint is filed, the plaintiff must serve their spouse with that complaint, as well as the court summons, and notice of automatic court orders. This can be done by contacting the state marshal to deliver the papers to your spouse. In some cases, your spouse may waive service of process and sign a formal legal document excusing formal service. Automatic court orders go into effect as soon as a divorce case is filed for the plaintiff and upon service on the defendant. They’re meant to prevent both spouses from doing something rash that could affect marital property or children without the other spouse’s consent. For example, moving out of state with the kids or selling the marital home or incurring an encumbered-line of credit. The terms of these orders may be modified by agreement of the parties or by the judge who can change them as he/she deems appropriate.
If you and your spouse are equally at fault, or there is no fault for the breakdown of your marriage, a no-fault divorce can be the best solution for dissolving marital ties. Talking to a compassionate and experienced lawyer at the McConnell Family Law Group can help you determine what the best course of action is for your situation and help you find peace through strength. Call us at our Hartford location at (860) 266-1166 or Fairfield County office at (203) 344-7007.