Connecticut divorce residency requirements can be confusing.
Even to a judge. More on that below.
In order for a Connecticut Court to grant a divorce, legal separation or annulment one of the following must be true:
(1) One of the parties to the marriage must have been a resident of this state for at least the twelve months next preceding the date of the filing of the complaint or next preceding the date of the decree; or
(2) One of the parties was domiciled in Connecticut at the time of the marriage and returned to Connecticut with the intention of permanently remaining here before the filing of the divorce; or
(3) The cause for the dissolution of the marriage (divorce) arose after either party moved into Connecticut.
Back to judges being confused. I recently had a case in which I represented a wife. She lived out of state however the husband resided in Connecticut for the last year. So the residency requirement was satisfied. Easy enough right? Not so fast. The judge stated that since the wife was the party that filed for divorce then she must live here. I was puzzled. I think other lawyers in the court room were too.
Ultimately, we were able to collaborate and get it done. I assume that the judge was thrown off because usually the spouse who files for divorce lives here. But the statute makes it clear that only one the parties needs to meet the residency requirement.
Connecticut Divorce Residency Requirements
I represent clients in Connecticut Family Court and Divorce proceedings through out Fairfield County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.