Grounds for Dissolution of Marriage; Legal Separation; Annulment
Connecticut is a No-Fault Divorce state. That means that a finding that the marriage has broken down irretrievably is sufficient to get a divorce. Proof of irretrievable breakdown is required and is a determination of the court based on the facts. Simple incompatibility is not enough.
A marriage is dissolved only by:
- The Death Of One Of The Parties Or
- A Decree Of Annulment Or Dissolution Of The Marriage By A Court Of Competent Jurisdiction.
Absent irretrievable breakdown a decree of dissolution (divorce) of a marriage or a decree of legal separation shall be granted upon a finding that one of the following causes has occurred:
- 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;
- Adultery;
- 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; Or
- 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.
An annulment shall be granted if the marriage is void or voidable under the laws of this state or of the state in which the marriage was performed. Unlike a no-fault divorce, annulments in Connecticut are not often granted.
Legal Separation is different from a divorce in that legally separated parties remain married and cannot remarry. You would still have to go through the complete divorce process after legally separating if you than want to remarry someone else.
Connecticut General Statutes Section 46b-40