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Legal Grounds for Divorce in Connecticut

  1. In the State of Connecticut, there are following grounds for divorce and the 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.
  1. 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.
    An annulment is different from a divorce because it is retroactive: an annulled marriage is considered never to have existed. It 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 or in situations where it is determined that the marriage was never consummated, or that there was fraud or the marriage is illegal (marriage to a relative or minor, for example).
  2. 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:
  • 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;
  • 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.
  1. In an action for dissolution of a marriage or a legal separation on the ground of habitual intemperance, it shall be sufficient if the cause of action is proved to have existed until the time of the separation of the parties.
  2. In an action for dissolution of a marriage or a legal separation on the ground of willful desertion for one year, with total neglect of duty, the furnishing of financial support shall not disprove total neglect of duty, in the absence of other evidence.
  3. For purposes of this section, “adultery” means voluntary sexual intercourse between a married person and a person other than such person’s spouse. C.G.S. 46b-40.

To learn about grounds for divorce in the State of New York please follow this link Divorce Grounds in New York.

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