No-fault divorce proceedings in Connecticut allow a couple to amicably and legally separate without proving that the need for a divorce stems from someone’s indiscretions or misconduct. Rather, Connecticut’s no-fault divorce policies allow couples to inform the courts that their marriage has broken down without pointed questions asked about their circumstances.
Our team still encourages divorcing couples to reach out to experienced divorce lawyers in New Haven to streamline this legal process. An attorney’s support ensures that conversations about custody and property go smoothly and that both parties can navigate the legal system without any unexpected difficulties.
If you have questions about no-fault divorce in Connecticut, or if you’re seeking representation, you can reach out to one of our team members today.
Connecticut’s Definition of No-Fault Divorce
Connecticut’s no-fault divorce legislation allows divorcing couples to present a case for separation without arguing that one or the other behaved inappropriately or put their partner at risk. Spouses specifically do not have to prove harm but only have to claim that their marriage has irrevocably broken down and that they have no intent on reconciling.
Couples may also argue that they’ve been living separately for 18 months with no intention of moving back in with one another to pursue a divorce.
The state adopted its no-fault approach to divorce in an effort to streamline the separation process. Instead of presenting evidence of fault and contending with hurt feelings, divorcees can now prioritize conversations about the division of their property and the care of their children.
What Is At-Fault Divorce in Connecticut?
While Connecticut does allow no-fault divorce proceedings, fault divorces are legal. One spouse can allege that the other spouse bears the bulk of the responsibility for a marriage’s dissolution, highlighting specific instances of infidelity, abuse, or other kinds of mistreatment.
If you want to move forward with an at-fault divorce, you need to emphasize that your spouse engaged in specific actions highlighted in one of Connecticut’s eight pre-approved categories of fault. These include the following:
- Willful desertion for over a year
- Lack of any form of communication for over seven years
- Adultery
- Fraudulent contract
- Imprisonment for life or related long-term criminal sentences
- Long-term mental hospitalization
- Habitual intemperance
- Intolerable cruelty
Notably, it’s not always easy to pursue an at-fault divorce. These processes are often emotionally devastating on top of intellectually stressful, as you have a legal obligation to provide clear and convincing evidence of a spouse’s inappropriate conduct if you want your case to move forward. You can discuss the logistics of this process with an attorney.
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Do You Need to Work With a Lawyer to Pursue a No-Fault Divorce?
It’s often easier to pursue a no-fault divorce when you have an experienced New Haven divorce lawyer on your side. Even though you shouldn’t have to contend with the same emotionally draining process you would when pursuing an at-fault divorce, you can still delegate the most stressful legal elements of your case to your representative.
Our team can specifically break down Connecticut’s no-fault divorce laws and emphasize what elements of those laws entitle you to move forward with a separation. We can also help you pursue an equitable division of property, ensuring that no one tries to minimize your right to alimony, child support, and other means.
Can You Go Through Mediation During a No-Fault Divorce?
Yes. Divorce mediation serves as an alternative to the litigation process. If you choose to undergo mediation while pursuing a divorce, you can work with a mediator to have conversations with your ex-spouse about your right to property, financial support, and custody, among other matters.
Mediation tends to be considerably less stressful than traditional litigation, as you have the opportunity to go through a neutral third-party to ask for the support you deserve. Mediators focus on keeping conversations constructive and civil.
What’s more, mediation tends to cost less than traditional no-fault divorce litigation. Mediations also tend to resolve faster than even no-fault divorce cases. You can discuss the logistics of mediation and its costs during conversations with Happy Even After’s legal team.
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How to File for No-Fault Divorce
If you want to file for a no-fault divorce, you and your ex-partner must complete and sign Connecticut’s Joint Petition-Nonadversarial Divorce, or a JD-FM-242. When filing this form, make sure that you attach the following documents:
- A JD-CL-12 form for each spouse, also known as an Appearance Form
- JD-FM-006-LONG or JD-FM-006-SHORTs for each spouse, also known as a Financial Affidavit
You can also include a JD-FM-243, or an Agreement-Nonadversarial Divorce form, if you’ve reached a settlement agreement that you want to include with your divorce. If you need to waive your filing fees, you can file a JD-FM-75, or an Application for Waiver of Fees/Payment of Costs/Appointment of Counsel – Family.
An attorney will help you gather this documentation and fill it out appropriately. An attorney can also point out any paperwork that needs to be completed in front of a notary and make sure you wait to sign it until you’re at your local courthouse.
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Let Our Experienced Connecticut Divorce Lawyers Work for You
Non-adversarial divorces tend to resolve faster than adversarial ones. However, it’s still in your best interest to work with an experienced Connecticut divorce lawyer throughout this process. At Happy Even After, our legal team uses our 60 years of combined experience to work toward the most harmonious outcome in your situation.
Even if you and your previous partner agree that your marriage needs to end, our attorneys can streamline the process of dividing property and establishing applicable custody agreements.
We can also help you stay on top of your paperwork and ensure you file the appropriate documents to see your divorce through to its natural conclusion.
In other words, we take steps to protect your peace, giving you the emotional space to grieve and plan a new future without compromising your right to participate in this legal process. You can learn more about how our attorneys will help you navigate no-fault divorce proceedings by reaching out today.
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