Conn. Gen. Stat. § 46b-40(c) sets forth the grounds for a divorce in Connecticut:
- The marriage has broken down irretrievably;
- The parties have lived apart by reason of incompatibility for a continuous period of at least the eighteen months immediately prior to the service of the complaint and that there is no reasonable prospect that they will be reconciled;
- Adultery;
- Fraudulent contract;
- Wilful desertion for one year with total neglect of duty;
- Seven years’ absence, during all of which period the absent party has not been heard from;
- Habitual intemperance;
- Intolerable cruelty;
- 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;
- 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.
In 1973, Connecticut adopted “no fault” divorce – irretrievable breakdown. This simply means that a judge is not required to make a finding as to which spouse is at fault for the divorce. This allows uncontested divorces to be granted without fanfare.
But this does not mean that fault is never an issue in a Connecticut divorce, especially for those cases that go to trial.
In fact, fault may be relevant to a judge in terms of alimony, property distribution and the assignment of debts/liabilities. When fault impacts parental fitness, it becomes important in determining custody, visitation and an overall parenting plan.