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Divorce Guide |
Connecticut No Fault DivorceChoosing no fault or fault grounds It has been observed that a spouse may wish to choose “no fault” grounds for divorce even if there are substantial ‘wrongdoing” on part of the other spouse, simply because he/she does not wish to drag oneself or the children in messy blame-games of the court to prove the “fault”. Often some may choose to file the divorce on “fault grounds” because CO fault grounds of divorce specify that property division, child custody and spousal support issues would be differently dealt with in “fault cases”. It is the discretion of the spouse to choose the ground for divorce. In many cases, the spouse may ask the judge to consider the “fault” of the other spouse while ruling upon child custody or property division. Residential requirements in Connecticut no fault divorce In order to get no fault divorce in Connecticut, either spouse must have stayed for a minimum period of 12 months before the courts give the final date of granting the divorce. In certain exception, Connecticut no fault divorce laws specify that if the reasons of divorce arose after arriving at the state of Connecticut, then judges may grant divorce. If a person had been a resident of CO, but had moved out because of certain duties, then again he/she may get the divorce. Waiting time in Connecticut no fault divorce The actual waiting period between filing of the case and official beginning of the case in the court is 90 days to 4 months in the state of Connecticut. Case management program in Connecticut no fault divorce If both the partners file a case Management agreement stating that the divorce is “uncontested”, where they have resolved the issues of child custody or spousal support or property division among themselves and have legally formulated an agreement, then one may get a divorce on the 90th day of filing it. If there are any disputes regarding these matters, then it may take longer because the courts would decide on the dates of hearing when the spouse would appear and state their disputes in the adversarial contesting style. Property division in Connecticut no fault divorce It is generally observed that when a spouse files for no fault divorce then there is an attempt to divide the property and settle related matters out of the court. According to Connecticut no fault divorce laws, “marital property” is the property that the spouses had acquired during the course of the marriage before the divorce. This property needs to be “equitably” divided among the spouses. This often, but not always excludes the property that was acquired by the spouse before the marriage. Then there is the issue of deciding who gets the “marital residence” after the divorce. It is the house in which the two partners had stayed during the course of marriage. Often spouses do not leave the home thinking that they would be disadvantaged if they leave the premises. But this has detrimental effect on the children who witness the acrimonious relationship between the parents. Courts ensure that there is a just and equitable distribution of property in such no fault divorce cases.
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