Uncontested Divorce in Connecticut

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All divorce cases are not similar in nature. The problems faced by one married couple differ from that faced by another couple. As a result, every couple has to abide by certain laws that serve their individual issues. In USA every state governs its own divorce cases. Divorce is not the province of the federal government. As a result, married partners have to abide by the laws of the state from where they are fighting the case. In Connecticut, the divorcing partner who files for the action is referred as the Plaintiff and the other partner is called as the Defendant. The divorce proceedings are executed in the Connecticut Superior Court. Every district in this state has minimum one Superior Court. Uncontested divorce in Connecticut is quite common because of its simple procedures and quick actions.

It is necessary that every divorcing couple should be aware of the important requirements of their divorce case. Some of the important requirements of an Connecticut uncontested divorce are summed up here.

Residency Requirements for Uncontested Divorce in Connecticut

In order to obtain a divorce in this state, the following residency requirements must be fulfilled-

  • Either divorcing partner must be residing in the state for a minimum of twelve months before the divorce proceedings start, or
  • Either divorcing partner must be residing in the state for minimum twelve months before the divorce judgment is entered as final, or
  • Either divorcing partner should have been domiciled in this state. It is necessary that before filing the divorce complaint, the divorcing partner must have returned in Connecticut in order to reside here permanently, or
  • The reason for the divorce action should have occurred only after either divorcing partner shifted to live in this state

If the dissolution procedure includes the issue of support then the case must be filed in the county in which the Plaintiff lives. In all other remaining cases, the case can be filed in the county which both divorcing partners find to be convenient.

Grounds of Uncontested Divorce in Connecticut

One can file for an uncontested divorce on the basis of the following grounds-

Fault Grounds

  • Conviction or commission of a notorious crime that comprises of violation of conjugal duty and imprisonment for one year
  • Habitual drunkenness
  • Fraud
  • Inhuman and cruel treatment
  • Seven year absence
  • Intentional desertion and non-support for one year
  • Confinement due to incurable insanity for a gross span of five years
  • Life imprisonment
  • Adultery

No-fault grounds

  • An incompatible relation and voluntary separation for a period of 18 months along with no reasonable possibility of reconciliation
  • Irretrievable breakdown of the marriage

Mode of Serving the Defendant

In this state, the Complaint and the Summons are served to the Defendant in any one of the following three ways-

  • Personal Service: This takes place when the High Sheriff serves the divorce papers in the county where the divorcing partner lives. Further, the Sheriff returns the Return of Service. This is filed in the Court as evidence that the Defendant was property served

  • Service by Publication: If the Defendant cannot be located and there is less possibility to locate him or her in the future then this method is executed. A Motion for First Order of Notice and Order of Notice is essential. Once the Plaintiff gets the orders from the Court, the documents are published in a newspaper for two consecutive weeks, once in a week. The newspaper of the region which includes the last known address of the Defendant or where there is more likelihood that the Defendant is residing is chosen

Forms and Documents required in an Uncontested divorce in Connecticut

Every divorce, contested or uncontested requires some forms and paperwork to get completed. For an uncontested divorce in Connecticut, one will require the following forms-

  • Divorce Agreement: This is an agreement which is signed by both of the spouses. This document relates to the spouses' agreement regarding financial issues, distribution of liabilities and debts, etc.
  • Dissolution of Marriage Report or Health Form: This form contains specific statistical information provided by the separating partners. It is sent to the Connecticut Bureau of Vital Statistics
  • Wage Withholding For Support: If one spouse needs support from the other partner and he/ she wants the amount to be deducted from the other partner's paycheck then this form is needed
  • Financial Affidavit: Both partners must sign, swear and file financial affidavits. These must be filed on the date of the divorce trial
  • Military Service Affidavit: In many cases, the Defendant does not appear in the court. Then the Plaintiff needs to complete Military Service Affidavit attesting that the Defendant is not present during the trial sessions

There are many more important aspects of an uncontested divorce in Connecticut. You must consult an attorney who will do the paperwork on behalf of you. But if you decide to represent yourself, you must gather all the essential documents so that the divorce gets over quickly without any legal complications.

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