|
Courts and Community Resources
Lawyers and Divorce
Mediation
Glossary of Family Law
Terms
State of Connecticut Judicial
Branch
Connecticut Lawyers
Directory
Connecticut State Library
Connecticut Bar Association
Legal Aid for People in
Connecticut
State Statutory Resources
General Statutes of
Connecticut
Connecticut General
Assembly
Divorce Law
Sec. 46b-40. (Formerly Sec. 46-32). Grounds for dissolution of marriage;
legal separation; annulment.
(a) A marriage is dissolved only by (1) the death of one of the parties or
(2) a decree of annulment or dissolution of the marriage by a court of
competent jurisdiction.
(b) 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.
(c) 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: (1) The marriage has broken down irretrievably; (2) 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; (3)
adultery; (4) fraudulent contract; (5) willful desertion for one year with
total neglect of duty; (6) seven years' absence, during all of which period
the absent party has not been heard from; (7) habitual intemperance; (8)
intolerable cruelty; (9) 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; (10) 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.
(d) 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.
(e) In an action for dissolution of a marriage or a legal separation on the
ground of wilful 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.
(f) For purposes of this section, "adultery" means voluntary sexual
intercourse between a married person and a person other than such person's
spouse.
(P.A. 73-373, S. 1; P.A. 74-169, S. 1, 18; P.A. 78-230, S. 18, 54; P.A.
91-19, S. 1.)
Sec. 46b-42. (Formerly Sec. 46-33). Jurisdiction.
The Superior Court shall have exclusive jurisdiction of all complaints
seeking a decree of annulment, dissolution of a marriage or legal
separation.
(P.A. 73-373, S. 2.)
Sec. 46b-44. (Formerly Sec. 46-35). Residency requirement.
(a) A complaint for dissolution of a marriage or for legal separation may be
filed at any time after either party has established residence in this
state.
(b) Temporary relief pursuant to the complaint may be granted in accordance
with sections 46b-56 and 46b-83 at any time after either party has
established residence in this state.
(c) A decree dissolving a marriage or granting a legal separation may be
entered if: (1) One of the parties to the marriage has been a resident of
this state for at least the twelve months next preceding the date of the
filing of the complaint or next preceding the date of the decree; or (2) one
of the parties was domiciled in this state at the time of the marriage and
returned to this state with the intention of permanently remaining before
the filing of the complaint; or (3) the cause for the dissolution of the
marriage arose after either party moved into this state.
(d) For the purposes of this section, any person who has served or is
serving with the armed forces, as defined by section 27-103, or the merchant
marine, and who was a resident of this state at the time of his or her entry
shall be deemed to have continuously resided in this state during the time
he or she has served or is serving with the armed forces or merchant marine.
(P.A. 73-373, S. 3; P.A. 74-169, S. 2, 18; P.A. 78-230, S. 20, 54; May Sp.
Sess. P.A. 92-11, S. 36, 70.)
Sec. 46b-69b. Parenting education program.
(a) The Judicial Department shall establish a parenting education program
for parties involved in any action before the Superior Court under section
46b-1, except actions brought under section 46b-15 and chapter 815t. For the
purposes of this section, "parenting education program" means a course
designed by the Judicial Department to educate persons, including unmarried
parents, on the impact on children of the restructuring of families. The
course shall include, but not be limited to, information on the
developmental stages of children, adjustment of children to parental
separation, dispute resolution and conflict management, guidelines for
visitation, stress reduction in children and cooperative parenting.
(b) The court shall order any party to an action specified in subsection (a)
of this section to participate in such program whenever a minor child is
involved in such action unless (1) the parties agree, subject to the
approval of the court, not to participate in such program, (2) the court, on
motion, determines that participation is not deemed necessary, or (3) the
parties select and participate in a comparable parenting education program.
A family support magistrate may order parties involved in any action before
the Family Support Magistrate Division to participate in such parenting
education program, upon a finding that such participation is necessary and
provided both parties are present when such order is issued. No party shall
be required to participate in such program more than once. A party shall be
deemed to have satisfactorily completed such program upon certification by
the service provider of the program.
(c) The Judicial Department shall, by contract with service providers, make
available the parenting education program and shall certify to the court the
results of each party's participation in the program.
(d) Any person who is ordered to participate in a parenting education
program shall pay directly to the service provider a participation fee,
except that no person may be excluded from such program for inability to pay
such fee. Any contract entered into between the Judicial Department and the
service provider pursuant to subsection (c) of this section shall include a
fee schedule and provisions requiring service providers to allow persons who
are indigent or unable to pay to participate in such program and shall
provide that all costs of such program shall be covered by the revenue
generated from participants' fees. The total cost for such program shall not
exceed two hundred dollars per person. Such amount shall be indexed annually
to reflect the rate of inflation. The program shall not exceed a total of
ten hours.
(e) Any service provider under contract with the Judicial Department
pursuant to this section shall provide safety and security for participants
in the program, including victims of family violence.
(P.A. 93-319, S. 1, 4; May 25 Sp. Sess. P.A. 94-1, S. 99, 130; June 18 Sp.
Sess. P.A. 97-7, S. 35, 38; P.A. 02-132, S. 16.)
...For further
information, please refer to the General Statutes of Connecticut - Title 46b
Connecticut Divorce Home Page
by Hilary P. Miller, Attorney at Law
A Guide to Financial Affidavits
Marital Separation Agreements Explained
Marriage and
Living Together Law
Connecticut
Marriage License Laws
|
Child Support
Sec. 46b-84. (Formerly Sec. 46-57). Parents'
obligation for maintenance of minor child. Order for health insurance
coverage.
(a) Upon or subsequent to the annulment or dissolution of any marriage or
the entry of a decree of legal separation or divorce, the parents of a minor
child of the marriage, shall maintain the child according to their
respective abilities, if the child is in need of maintenance. Any
postjudgment procedure afforded by chapter 906 shall be available to secure
the present and future financial interests of a party in connection with a
final order for the periodic payment of child support.
(b) If there is an unmarried child of the marriage who has attained the age
of eighteen, is a full-time high school student and resides with a parent,
the parents shall maintain the child according to their respective abilities
if the child is in need of maintenance until such time as such child
completes the twelfth grade or attains the age of nineteen, whichever first
occurs. The provisions of this subsection shall apply only in cases where
the decree of dissolution of marriage, legal separation or annulment is
entered on or after July 1, 1994.
(c) The court may make appropriate orders of support of any child with
mental retardation, as defined in section 1-1g, or a mental disability or
physical disability, as defined in subdivision (15) of section 46a-51, who
resides with a parent and is principally dependent upon such parent for
maintenance until such child attains the age of twenty-one. The child
support guidelines established pursuant to section 46b-215a shall not apply
to orders entered under this subsection. The provisions of this subsection
shall apply only in cases where the decree of dissolution of marriage, legal
separation or annulment is entered on or after October 1, 1997, or where the
initial support orders in actions not claiming any such decree are entered
on or after October 1, 1997.
(d) In determining whether a child is in need of maintenance and, if in
need, the respective abilities of the parents to provide such maintenance
and the amount thereof, the court shall consider the age, health, station,
occupation, earning capacity, amount and sources of income, estate,
vocational skills and employability of each of the parents, and the age,
health, station, occupation, educational status and expectation, amount and
sources of income, vocational skills, employability, estate and needs of the
child.
(e) At any time at which orders are entered in a proceeding for dissolution
of marriage, annulment, legal separation, custody, or support, whether
before, at the time of, or after entry of a decree or judgment, if health
insurance coverage for a child is ordered by the court to be maintained, the
court shall provide in the order that (1) the signature of the custodial
parent or custodian of the insured dependent shall constitute a valid
authorization to the insurer for purposes of processing an insurance
reimbursement payment to the provider of the medical services, to the
custodial parent or to the custodian, (2) neither parent shall prevent or
interfere with the timely processing of any insurance reimbursement claim
and (3) if the parent receiving an insurance reimbursement payment is not
the parent or custodian who is paying the bill for the services of the
medical provider, the parent receiving such insurance reimbursement payment
shall promptly pay to the parent or custodian paying such bill any insurance
reimbursement for such services. For purposes of subdivision (1), the
custodial parent or custodian is responsible for providing the insurer with
a certified copy of the order of dissolution or other order requiring
maintenance of insurance for a child provided if such custodial parent or
custodian fails to provide the insurer with a copy of such order, the
Commissioner of Social Services may provide the insurer with a copy of such
order. Such insurer may thereafter rely on such order and is not responsible
for inquiring as to the legal sufficiency of the order. The custodial parent
or custodian shall be responsible for providing the insurer with a certified
copy of any order which materially alters the provision of the original
order with respect to the maintenance of insurance for a child. If presented
with an insurance reimbursement claim signed by the custodial parent or
custodian, such insurer shall reimburse the provider of the medical
services, if payment is to be made to such provider under the policy, or
shall otherwise reimburse the custodial parent or custodian.
(f) After the granting of a decree annulling or dissolving the marriage or
ordering a legal separation, and upon complaint or motion with order and
summons made to the Superior Court by either parent or by the Commissioner
of Administrative Services in any case arising under subsection (a) or (b)
of this section, the court shall inquire into the child's need of
maintenance and the respective abilities of the parents to supply
maintenance. The court shall make and enforce the decree for the maintenance
of the child as it considers just, and may direct security to be given
therefor, including an order to either party to contract with a third party
for periodic payments or payments contingent on a life to the other party.
The court may order that a party obtain life insurance as such security
unless such party proves, by a preponderance of the evidence, that such
insurance is not available to such party, such party is unable to pay the
cost of such insurance or such party is uninsurable. The court shall include
in each support order a provision for the health care coverage of the child
which provision may include an order for either parent to name any child who
is subject to the provisions of subsection (a) or (b) of this section as a
beneficiary of any medical or dental insurance or benefit plan carried by
such parent or available to such parent on a group basis through an employer
or a union. Any such employment-based order in a IV-D support case shall be
enforced using a National Medical Support Notice as provided in section
46b-88. If such insurance coverage is unavailable at reasonable cost, the
provision for health care coverage may include an order for either parent to
apply for and maintain coverage on behalf of the child under the HUSKY Plan,
Part B. The noncustodial parent shall be ordered to apply for the HUSKY
Plan, Part B only if such parent is found to have sufficient ability to pay
the appropriate premium. In any IV-D support case in which the noncustodial
parent is found to have insufficient ability to provide medical insurance
coverage and the custodial party is the HUSKY Plan, Part A or Part B
applicant, the provision for health care coverage may include an order for
the noncustodial parent to pay such amount as is specified by the court or
family support magistrate to the state or the custodial party, as their
interests may appear, to offset the cost of any insurance payable under the
HUSKY Plan, Part A or Part B. In no event may such order include payment to
offset the cost of any such premium if such payment would reduce the amount
of current support required under the child support guidelines.
(g) Whenever an obligor is before the court in proceedings to establish,
modify or enforce a support order, and such order is not secured by an
income withholding order, the court may require the obligor to execute a
bond or post other security sufficient to perform such order for support,
provided the court finds that such a bond is available for purchase within
the financial means of the obligor. Upon failure of such obligor to comply
with such support order, the court may order the bond or the security
forfeited and the proceeds thereof paid to the state in TANF cases or to the
obligee in non-TANF cases. In any IV-D case in which the obligor is found by
the court to owe past-due support, the court may issue an order for the
periodic payment of such support or, if such obligor is not incapacitated,
order such obligor to participate in work activities which may include, but
shall not be limited to, job search, training, work experience and
participation in the job training and retraining program established by the
Labor Commissioner pursuant to section 31-3t.
(h) In IV-D support cases, as defined in subdivision (13) of subsection (b)
of section 46b-231, a copy of any support order established or modified
pursuant to this section or, in the case of a motion for modification of an
existing support order, a notice of determination that there should be no
change in the amount of the support order, shall be provided to each party
and the state case registry within fourteen days after issuance of such
order or determination.
(P.A. 73-373, S. 26; P.A. 74-169, S. 14, 18; P.A. 77-614, S. 70, 610; P.A.
78-230, S. 42, 54; P.A. 83-527, S. 2; P.A. 84-205, S. 1; 84-230; P.A.
87-207, S. 2; P.A. 89-195, S. 2; P.A. 91-4, S. 1, 2; P.A. 94-61, S. 1, 2;
May Sp. Sess. P.A. 94-5, S. 9, 30; May 25 Sp. Sess. P.A. 94-1, S. 63, 130;
P.A. 97-321, S. 1; June 18 Sp. Sess. P.A. 97-2, S. 104, 165; June 18 Sp.
Sess. P.A. 97-7, S. 17, 38; P.A. 99-279, S. 29, 45; May 9 Sp. Sess. P.A.
02-7, S. 42; P.A. 03-130, S. 4; 03-202, S. 24.)
...For further
information, please refer to the General Statutes of Connecticut - Title 46b
Connecticut Child Support Calculator
- as featured on
www.alllaw.com
CT Child
Support Guidelines and Booklet
Establishing Paternity & Support for Your Child
How to Get Help with Child Support Enforcement If You Are Not On
State Welfare
How to Modify Child Support and Alimony Orders
CT Child
Support Guidelines
If You Are Behind On Child Support Payments
If You Need Help Modifying Support Orders
FAQ On Child Support
Child
Support Explained
Child Custody and Visitation Law
Sec. 46b-56. (Formerly Sec. 46-42). Superior Court orders
re custody, care, therapy, counseling and drug and alcohol screening of
minor children or parents in actions for dissolution of marriage, legal
separation and annulment. Access to records of minor children by
noncustodial parent. Parenting education program.
(a) In any controversy before the Superior Court
as to the custody or care of minor children, and at any time after the
return day of any complaint under section 46b-45, the court may at any time
make or modify any proper order regarding the education and support of the
children and of care, custody and visitation if it has jurisdiction under
the provisions of chapter 815p. Subject to the provisions of section
46b-56a, the court may assign the custody of any child to the parents
jointly, to either parent or to a third party, according to its best
judgment upon the facts of the case and subject to such conditions and
limitations as it deems equitable. The court may also make any order
granting the right of visitation of any child to a third party, including,
but not limited to, grandparents.
(b) In making or modifying any order with respect to custody or visitation,
the court shall (1) be guided by the best interests of the child, giving
consideration to the wishes of the child if the child is of sufficient age
and capable of forming an intelligent preference, provided in making the
initial order the court may take into consideration the causes for
dissolution of the marriage or legal separation if such causes are relevant
in a determination of the best interests of the child, and (2) consider
whether the party satisfactorily completed participation in a parenting
education program established pursuant to section 46b-69b. Upon the issuance
of any order assigning custody of the child to the Commissioner of Children
and Families, or not later than sixty days after the issuance of such order,
the court shall make a determination whether the Department of Children and
Families made reasonable efforts to keep the child with his or her parents
prior to the issuance of such order and, if such efforts were not made,
whether such reasonable efforts were not possible, taking into consideration
the child's best interests, including the child's health and safety.
(c) In determining whether a child is in need of support and, if in need,
the respective abilities of the parents to provide support, the court shall
take into consideration all the factors enumerated in section 46b-84.
(d) When the court is not sitting, any judge of the court may make any order
in the cause which the court might make under subsection (a) of this
section, including orders of injunction, prior to any action in the cause by
the court.
(e) A parent not granted custody of a minor child shall not be denied the
right of access to the academic, medical, hospital or other health records
of such minor child unless otherwise ordered by the court for good cause
shown.
(f) Notwithstanding the provisions of subsection (b) of this section, when a
motion for modification of custody or visitation is pending before the court
or has been decided by the court and the investigation ordered by the court
pursuant to section 46b-6 recommends psychiatric or psychological therapy
for a child, and such therapy would, in the court's opinion, be in the best
interests of the child and aid the child's response to a modification, the
court may order such therapy and reserve judgment on the motion for
modification.
(g) As part of a decision concerning custody or visitation, the court may
order either parent or both of the parents and any child of such parents to
participate in counseling and drug or alcohol screening, provided such
participation is in the best interest of the child.
(P.A. 73-373, S. 15; P.A. 74-169, S. 8, 18; P.A. 75-530, S. 12, 35; P.A.
77-488, S. 2; P.A. 78-230, S. 27, 54; 78-318, S. 28; P.A. 80-29; P.A.
81-402, S. 1; P.A. 84-42; P.A. 93-319, S. 3, 4; P.A. 99-137; P.A. 01-186, S.
12; May 9 Sp. Sess. P.A. 02-7, S. 35; P.A. 03-19, S. 105.)
Sec. 46b-56a. Joint custody. Definition. Presumption. Conciliation.
(a) For the purposes of this section, "joint custody" means an order
awarding legal custody of the minor child to both parents, providing for
joint decision-making by the parents and providing that physical custody
shall be shared by the parents in such a way as to assure the child of
continuing contact with both parents. The court may award joint legal
custody without awarding joint physical custody where the parents have
agreed to merely joint legal custody.
(b) There shall be a presumption, affecting the burden of proof, that joint
custody is in the best interests of a minor child where the parents have
agreed to an award of joint custody or so agree in open court at a hearing
for the purpose of determining the custody of the minor child or children of
the marriage. If the court declines to enter an order awarding joint custody
pursuant to this subsection, the court shall state in its decision the
reasons for denial of an award of joint custody.
(c) If only one parent seeks an order of joint custody upon a motion duly
made, the court may order both parties to submit to conciliation at their
own expense with the costs of such conciliation to be borne by the parties
as the court directs according to each party's ability to pay.
(P.A. 81-402, S. 2.)
Sec. 46b-56b. Presumption re best interest of child to be in custody of
parent.
In any dispute as to the custody of a minor child involving a parent and a
nonparent, there shall be a presumption that it is in the best interest of
the child to be in the custody of the parent, which presumption may be
rebutted by showing that it would be detrimental to the child to permit the
parent to have custody.
(P.A. 85-244, S. 2, 3; P.A. 86-224; 86-403, S. 81, 132.)
...For further
information, please refer to the General Statutes of Connecticut - Title 46b
What to Expect from the Family Services Office During a Custody Evaluation
How to Modify and Enforce Child Visitation Orders
FAQ on Child
Custody and Visitation
Child Custody
Resources
Property Division
Sec. 46b-81. (Formerly Sec. 46-51). Assignment of property and
transfer of title.
(a) At the time of entering a decree annulling or dissolving a marriage or
for legal separation pursuant to a complaint under section 46b-45, the
Superior Court may assign to either the husband or wife all or any part of
the estate of the other. The court may pass title to real property to either
party or to a third person or may order the sale of such real property,
without any act by either the husband or the wife, when in the judgment of
the court it is the proper mode to carry the decree into effect.
(b) A conveyance made pursuant to the decree shall vest title in the
purchaser, and shall bind all persons entitled to life estates and remainder
interests in the same manner as a sale ordered by the court pursuant to the
provisions of section 52-500. When the decree is recorded on the land
records in the town where the real property is situated, it shall effect the
transfer of the title of such real property as if it were a deed of the
party or parties.
(c) In fixing the nature and value of the property, if any, to be assigned,
the court, after hearing the witnesses, if any, of each party, except as
provided in subsection (a) of section 46b-51, shall consider the length of
the marriage, the causes for the annulment, dissolution of the marriage or
legal separation, the age, health, station, occupation, amount and sources
of income, vocational skills, employability, estate, liabilities and needs
of each of the parties and the opportunity of each for future acquisition of
capital assets and income. The court shall also consider the contribution of
each of the parties in the acquisition, preservation or appreciation in
value of their respective estates.
(P.A. 73-373, S. 20; P.A. 75-331; P.A. 78-230, S. 36, 54.)
...For further
information, please refer to the General Statutes of Connecticut - Title 46b
FAQ on Property Division
from DivorceNet |
