Divorce is never a purposeful end. People do not wed because they want to eventually split. It is a difficult and stressful process that can cause even the steadiest person to falter.
In Connecticut, the laws for divorce can seem overwhelming, and getting a handle on how things may occur can help you keep your feet firmly planted. These three issues remain some of the most common in the proceedings. Understanding them may help you in your own split.
1. Grounds for divorce
Many states offer a no-fault option for divorce, meaning one or both spouses need to claim the marriage is irretrievably broken. However, in Connecticut, if your spouse is to blame for the demise of your relationship, you have the option to file a fault-based action. Under this, you must prove that your spouse is guilty of:
- Fraudulent marriage
- Total abandonment of at least 12 consecutive months
- Absence with no communication (seven years)
- Confinement in a mental health facility over five years of the previous six years
Judges may award two types of alimony during divorce: pendente lite or fixed. Pendente lite is temporary alimony the judge awards while the divorce proceedings continue. This is usually to help support a spouse who has not worked and has no means of support. Fixed alimony is the payment allotted one spouse to pay the other. Permanent alimony is legal but does not occur frequently, as the court considers alimony a temporary payment until one spouse gets on more solid financial footing.
3. Division of property
Connecticut is an equitable division state. This may seem confusing as you may believe it means everything splits down the middle. In an equitable division proceeding, the court splits property based on each party’s contribution to the marriage. The only property eligible for division during divorce is the marital type. Separate property you each acquired before the marriage stays with that individual.