This Week’s Blog by Christopher J. DeMattie
What are the Grounds for Divorce in Connecticut?
To commence a divorce action in Connecticut, the Plaintiff must plead a statutory approved ground for seeking the divorce. You cannot simply plead: “I do not want to be married.” If a Court finds sufficient evidence to support a finding that the ground occurred, it has jurisdiction to grant the divorce. Pursuant to Connecticut General Statutes § 46b-40(c), the only permissible grounds are as follows:
- 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;
- For purposes of this statute, “adultery” means voluntary sexual intercourse between a married person and a person other than such person’s spouse;
- Fraudulent contract;
- Willful desertion for one year with total neglect of duty;
- Seven years’ absence, during all of which period the absent party has not been heard from;
- Habitual intemperance;
- Intolerable cruelty;
- Sentence to imprisonment for life or the commission of any infamous crime involving a violation of conjugal duty and punishable by imprisonment for a period in excess of one year; and
- Legal confinement in a hospital or hospitals or other similar institution or institutions, because of mental illness, for at least an accumulated period totaling five years within the period of six years next preceding the date of the complaint.
Can I Plead More than One Ground in a Divorce?
Yes, you can plead more than one ground in a divorce. However, except for rare circumstances, a party almost always solely pleads “the marriage has broken down irretrievably.” This is because it requires minimal proof, i.e. one question “Has your marriage broken down irretrievably?”, whereas the other grounds may require substantial discovery, opposition, time, and resources to ultimately arrive at the same result, which is the granting of a divorce.
Is Connecticut a Fault Divorce State?
No, Connecticut is a “no fault” divorce state. In 1973 the Connecticut Legislature passed Public Act 73-373 which amended Connecticut General Statutes (“C.G.S.”) §46-32 (now known as §46b-40) to permit a divorce upon a finding that the marriage has broken down irretrievably. Commonly, this is known as the “no-fault” divorce statute. In Joy v. Joy, 178 Conn. 254, 256, (1979) the Connecticut Supreme Court held that the statute was constitutional.
Can Infidelity Affect Alimony?
Yes, the cause of the breakdown of the marriage can affect alimony and property orders. Thus, even though a Court is not required to determine if a party was a fault for the marriage ending, the Court may consider the causes of the breakdown of the marriage when making financial orders. Courts have found substance abuse, physical abuse, dissipation of assets in contemplation of divorce, and/or infidelity to be the cause of the breakdown of the marriage and have financially compensated the spouse who did not cause the breakdown of the marriage. Conversely, Courts have found a spouse caused the breakdown of the marriage but did not financially compensate the other spouse. This discrepancy is due to the Court having wide discretion when applying the numerous statutory criteria to the unique facts and circumstances of each case.
Broder & Orland LLC, with offices in Westport and Greenwich, concentrates specifically in the areas of family law, matrimonial law, and divorce. As experienced divorce trial lawyers we understand how to effectively present “cause of the breakdown” issues to the Court, as well as how to “value” your case for settlement purposes.