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Fault for Divorce in Connecticut

Jun. 12th 2013

Divorce in Connecticut - LadyDivorce.com

Of  course, just because there are reasons for a “no fault” divorce does not mean that you cannot claim fault in seeking a divorce in Connecticut.  Your lawyer will go over the strategy for this and combined you will eventually make a determination which allegations to put in the complaint.  One of the main reasons why an attorney will counsel you to NOT put in a fault reason is that the burden is on the Plaintiff to prove the case in court, so if you allege that there has been a fault reason, like adultery, you must prove it to the judge.  Because that must be done in open court, it may not be worth it to hear all the sordid details at your divorce hearing.  There are other reasons for fault divorce.  The law provides for the following fault grounds:  “A decree of dissolution of a marriage . . . shall be granted upon a finding that one of the following causes has occurred. . .(3) adultery; (4) fraudulent contract; (5) wilful 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.” Conn. Gen. Stat.§46b-40(c) (2008).

If you suspect that your spouse has been cheating on your, you can take steps to protect yourself.  Contact an attorney to discuss your divorce strategy today.

Posted by Stephen Lebedevitch | in Connecticut Divorce 101, Divorce Strategy, Plaintiff | Comments Off on Fault for Divorce in Connecticut