It is understandable that no one want’s to be left in the dark – Below is a collection of resources that may help you stay informed:
www.jud.ct.gov This website provides a lot of useful information and required forms regarding family matters and the court. If you are divorcing with minor children this website also provides a list of approved parenting education programs/locations (a program that is mandatory to complete).
www.irs.gov Tax issues are complex and difficult to generalize. I.R.S. regulations change frequently. Please refer to the website for information that will apply to your tax situation. If you are unsure of issues regarding taxes, you should discuss the tax impact of your divorce with a tax professional.
Connecticut General Statutes – Title 46b – Chapter 44:
A decree dissolving a marriage or granting a legal separation may be entered if: (1) One of the parties to the marriage has been a resident of this state for at least the twelve months next preceding the date of the filing of the complaint or next preceding the date of the decree; or (2) one of the parties was domiciled in this state at the time of the marriage and returned to this state with the intention of permanently remaining before the filing of the complaint; or (3) the cause for the dissolution of the marriage arose after either party moved into this state.
With regard to Military Service – Any person who has served or is serving with the armed forces, as defined by section 27-103, or the merchant marine, and who was a resident of this state at the time of his or her entry shall be deemed to have continuously resided in this state during the time he or she has served or is serving with the armed forces or merchant marine. The Dissolution of Marriage is typically filed with in county in which the filing spouse lives.
A decree of dissolution of a marriage or a decree of legal separation shall be granted upon a finding that one of the following causes has occurred.
No Fault Based Ground – (1) The marriage has broken down irretrievably; (2) the parties have lived apart by reason of incompatibility for a continuous period of at least 18 months.
Fault Based Grounds – (1) adultery; (2) Fraud; (3) wilful desertion for 1 year; (4) seven years’ absence, during all of which period the absent party has not been heard from; (5) habitual intemperance; (6) intolerable cruelty (mental and verbal); (7) imprisonment for a period in excess of one year; (8) mental illness for at least 5 years.
Habitual intemperance shall be a sufficient ground if the cause of action is proved to have existed until the time of the separation of the parties.
Wilful desertion for one year is defined as total neglect of duty, the furnishing of financial support shall not disprove total neglect of duty, in the absence of other evidence.
“Adultery” is defined as voluntary sexual intercourse between a married person and a person other than such person’s spouse.
The waiting period is 90 days from the Return Date (the official starting date of your case). However, additional time may be involved regarding the return of papers and other circumstances. In the best of all circumstances, the wait time is usually around 4 months. There is a mandatory Case Management Conference 90 days from the Return Date. If the case is contested, several deadlines regarding discovery, financial affidavits, depositions, etc.. will be assigned by the court. If the case is uncontested, such as the outcome in mediation, the can file a Case Management Agreement on the Case Management Date (90 days after the Return Date). They will then request a date for their uncontested hearing. Each divorce must be reviewed and approved by a judge. The purpose of the uncontested hearing is for the parties to present their agreement and other required papers along with their financial affidavits. The judge will review the papers, may ask some questions and then (in most cases) will grant the divorce. Parties who mediate their divorce are often ready to present their agreement along the required paper work to the court within about 4 months of starting mediation. Parties who litigate their divorce often experience a wait of 1 year to 18months before their divorce is finalized.
Connecticut is referred to an “equitable distribution” state. If parties are unable to reach an agreement, the Superior Court will distribute the marital assets between the two parties in an equitable fashion based on factors considered outline in the Connecticut General Statutes – Title 46b – Chapter 81. Equitable does not mean equal, but rather what is deemed by the Superior Court to be fair.