Serrano Law Firm, LLC

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860 236-9350  ▪  800 856-6400

690 Flatbush Avenue, West Hartford, CT 06110-1308

27 Holmes Avenue, Waterbury, CT  203 756-6100

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690 Flatbush Avenue West Hartford, CT  06110-1308

860 236-9350             800 856-6400  toll free     860 523-9101  fax

27 Holmes Avenue Downtown Waterbury 203 756-6100

 

Uncontested Divorce

    Imagine if a couple wanted a divorce but were unable to because a divorce judge felt there was not enough proof that a good reason existed for the divorce.  Before 1973, this could and did happen in Connecticut.  A judge could find that the parties had not proven any of the legal grounds for divorce that existed at the time (18 months of separation, adultery, habitual drunkenness, intolerable cruelty, sentence to life imprisonment, conviction of certain sex crimes, absence for 7 years, or institutionalization for mental illness for 5 years) and refuse to grant a divorce.

    To let spouses who want to be divorced get divorced, the Connecticut legislature passed a law in 1973 making irretrievable breakdown a legal reason for a divorce.  Most people refer to this as uncontested divorce or no fault divorce.

    In almost all Connecticut divorce cases today, the complaint states irretrievable breakdown as the the reason for the divorce.  However, the parties can still contest the causes of the divorce and the divorce court can still find that either or both parties are at fault and take the fault into consideration when entering financial orders.

    A Connecticut divorce court can divide the parties' assets in any way that a judge feels is appropriate.  A party can get anywhere from none of the assets to all of them, although such an extreme division rarely happens.  In deciding how to divide assets, the divorce court can consider any of the following factors:  the length of the marriage; fault; the parties’ age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, needs, opportunity for future acquisition of assets and income; and the extent to which each party contributed to the acquisition and preservation of the assets.

   The modern trend in divorce law in dividing property is to focus less on fault and more on the other factors.  A divorce court tries to make orders that are fair and make sense for each party's financial situation.

When You Need a Connecticut Divorce Lawyer,

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