In Connecticut, there are several reasons which justify seeking a divorce. CGS sections 46b-40(c) list the 10 categories which include irretrievable breakdown, living apart for 18 months with no reasonable prospect for reconciliation, adultery, fraudulent contract, willful desertion for one year, seven years absence, habitual intemperance, intolerable cruelty, life imprisonment or conviction of an infamous crime violating conjugal duty or legal confinement for mental illness for five of the last six years. However, most cases are filed based upon irretrievable breakdown.

In Connecticut, a summons and complaint must be served by a sheriff upon your spouse and then returned to the superior court clerk with the appropriate filing fee in the judicial district where one of the parties resides. This is set forth in CGS section 46b-45.

Separation agreements are commonly used in cases of divorce especially where the grounds is irretrievable breakdown. In such an agreement, you both can come to agreement as to separation of marital property, financial arrangements regarding debts, agreements regarding custody of your children, child support payments for the children, visitation rights, alimony and any other matters which pertain to the situation. Generally, judges of the superior court will accept these agreements as long as the terms do not conflict with any Connecticut laws designed to protect the rights of the parties or their children.

You can file for divorce in Connecticut as long as one of the parties has been living in the state for at least 12 months or if one of the parties had there "domicile" here at the time of the marriage and returned to the state with the intention of remaining permanently before starting the divorce action or if the reason for the divorce occurred in Connecticut. This is set forth in CGS section 46b-44.

In Connecticut, alimony may be awarded to either party. If none is awarded at the time the case goes to judgement, it is forever waived. Most separation agreements provide for alimony in the amount of $1.0 per year to preserve the right to later modify that sum. The amount and terms of alimony are determined by the court based upon many factors such as income of the parties, their age, length of the marriage, health and other factors.

Connecticut law requires both parents to support the children as they are able. CGS section 46b-84, et seq. sets forth this requirement and the state publishes guidelines which must be applied in each case.

The best interests of the child is the determining factor when deciding which parent will obtain custody of a child in a divorce situation. A child's preference may also be considered by the court. Connecticut has a presumption in favor of joint custody when parents are able to agree to it.

Generally, each party pays his or her own legal fees. However, the court may require either spouse to pay legal fees and costs of the other spouse based upon facts similar to those used to determine an award of alimony.