What are the Grounds for Divorce in Connecticut?

No-Fault Grounds for Divorce

In Connecticut, the most common ground for divorce is simply that the marriage has broken down irretrievably, and there is no reasonable chance of reconciliation. This approach simplifies the divorce process as it doesn't require proving any wrongdoing by either party in order to be divorced. Both spouses can simply mutually agree that their relationship is beyond repair, making the legal proceedings smoother and possibly less contentious.

Fault-Based Grounds for Divorce

While no-fault divorces are more straightforward, Connecticut also recognizes fault-based grounds for divorce. These grounds require one spouse to prove the other's misconduct or fault, which contributed to the marriage's breakdown. The fault-based grounds for divorce in Connecticut are as follows:

• Adultery (although be aware that judges often feel that an affair is not the cause of the breakdown, but rather a symptom);
• Willful desertion (intentional abandonment of the other for at least one year, with total neglect of duty);
• Seven years of total absence;
• Intolerable Cruelty (physical or mental cruelty that endangers the life, health, or well-being of the other spouse);
• Fraudulent contract (the marriage was entered into based on fraudulent representations);
• Habitual intemperance (chronic alcohol or drug abuse that negatively impacts the marriage);
• Imprisonment (life imprisonment or imprisoned for 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 (a spouse is confined in a mental institution for at least five years within the last six years).

Though every divorce is different, most people filing for divorce elect the “irretrievable breakdown” (no-fault) option. This does not mean that the parties agree on every aspect of the divorce, or that fault cannot be considered when addressing issues of property division and alimony. Rather, a “no-fault” divorce simply means that finding of fault is necessary in order to be divorced.

Note that when someone chooses to cite fault as grounds for divorce, it requires the spouse to respond, which often results in a more complicated, contentious, and costly process. Also, all pleadings are public record, and “airing the dirty laundry” may not be in the family’s best interest.

If you have further questions or would like to speak with a knowledgeable Connecticut divorce lawyer or mediator, please don’t hesitate to contact the Law Offices of Eric R. Posmantier, LLC today.