Yes – it does.
It is true that Connecticut is a “no fault” divorce state. However, “no fault” simply means that a Court may grant a divorce without finding either spouse at fault for causing the divorce. For example, if the parties have reached a resolution on how to settle their divorce, a judge will make a finding that the “marriage has broken down irretrievably” (no fault of either spouse) and approve the parties Separation Agreement upon finding that the Agreement is fair and equitable.
But fault does matter during negotiations and in contested divorces which go to trial. Fault is relevant in two areas:
1. Financial awards. Pursuant to C.G.S §§ 46b-81 and 46b-82 the Court shall consider “the causes of for the annulment, dissolution of marriage or legal separation” when considering property distribution of marital assets and determining alimony awards.
2. Parenting Plans. In issues concerning custody and visitation, a judge must decide what is the “best interest” of the child. Therefore, the cause of the breakdown of the marriage may be relevant if the cause or fault affects the “best interest” of the child. For example, substance abuse, psychological problems or infidelity will be considered as it relates to a parent’s fitness and lifestyle.
An experienced attorney may use fault by the other spouse to settle a case favorably for his or her client.
The attorney representing an “at fault” party should advise his or her client not only of the potential legal impact of fault but also that if the case goes to trial the details of the fault would be made public. On the other hand, if the case is settled, there is no mention of fault in the Separation Agreement.
Contact me online or call me in my Stamford office at (203) 356-1475 or in my Fairfield office at (203) 259-5251 for an assessment if fault will be a factor in your Connecticut divorce.