When it comes to unraveling the complexities of annulment in Connecticut, the waters can often seem murky and daunting. Unlike a divorce, which acknowledges the existence of a marriage that has now ended, an annulment operates on the principle that the marriage was never valid in the first place. This distinction is crucial, yet many individuals embarking on this legal journey find themselves overwhelmed by the intricacies involved.
Understanding the nuances of Connecticut annulment can make a significant difference in navigating these legal waters effectively. Annulment may be a less traveled path in the Connecticut Family Court, but one that carries profound implications for those involved.
Statistically speaking, annulments account for only a fraction of marital dissolutions compared to divorces. However, for those who seek this route, the reasons can range from issues of legality and consent to cases of fraud or coercion. Understanding these grounds and how they apply within the Connecticut legal framework is essential for anyone considering this option.
Grounds for an Annulment
In Connecticut Family Court, there are specific grounds on which a marriage can be annulled, providing a legal declaration that the marriage never existed. Understanding the grounds for annulment in Connecticut is crucial for individuals seeking to dissolve their marriage through this process.
One of the key grounds for annulment in Connecticut is if one or both parties were under the legal age to marry at the time of the marriage. Connecticut law dictates a minimum age requirement for marriage, and if this requirement is not met, the marriage can be annulled.
Another common ground for annulment in Connecticut is if one of the parties lacked the mental capacity to consent to the marriage. This could include situations where one party was under the influence of drugs or alcohol at the time of the marriage or if there was a mental illness that prevented full understanding of the marriage contract.
Fraudulent inducement is also a valid ground for annulment in Connecticut. If one party can prove that the marriage was entered into based on fraudulent misrepresentations or deceit by the other party, the court may grant an annulment.
Additionally, if the marriage was entered into under duress or force, it can be annulled in Connecticut. This includes situations where one party was threatened or coerced into the marriage against their will.
Impotence at the time of marriage is another ground for annulment in Connecticut. If one party can prove that the other was physically incapable of consummating the marriage at the time of the wedding, the court may grant an annulment.
Some churches have a separate “annulment” process, which is the name they give for granting religious permission to end a marriage. However, this is not connected in any way to the Connecticut state laws or marriage procedure.
What about Alimony, Custody and Property?
Property division is the same for annulment as it is for divorce or legal separation: “At the time of entering a decree annulling or dissolving a marriage or for legal separation pursuant to a complaint under section 46b-45, the Superior Court may assign to either spouse all or any part of the estate of the other spouse. The court may pass title to real property to either party or to a third person or may order the sale of such real property, without any act by either spouse, when in the judgment of the court it is the proper mode to carry the decree into effect.” Conn. Gen. Stat. § 46b-81(a).
The same is true for alimony, custody and child support: “Section 46-28 of the General Statutes provides that the issue of any void or voidable marriage shall be deemed legitimate and permits the Superior Court to order alimony, custody and child support as it might in a divorce proceeding.”
Stamford and Fairfield Divorce and Annulment Attorney
I represent clients in Connecticut Family Court proceedings through out Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Understanding these grounds for annulment in Connecticut Family Court is essential for individuals navigating the legal process of dissolving their marriage. By being aware of these grounds and seeking legal counsel, individuals can ensure that their rights are protected throughout the annulment process.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you have questions about a possible an annulment in Connecticut.
As a general rule, Connecticut state agencies such as DCF are immune from suit. Therefore, parents need permission from the Claims Commissioner’s Office to sue DCF for injuries their child suffered in foster care.
DCF has argued that since the parents lost custody and guardianship as part of Juvenile Court case, that they are not proper parties to sue on the child’s behalf.
Read about it below:
An Application for Civil Protection Order is relatively new in Connecticut. It is designed to allow a violence victim to obtain a Restraining Order against someone who is not a family member.
There are three types of Connecticut Restraining Orders:
1. Protective Order. This is an order of protection issued by a Criminal Court against a Defendant after he or she has been arrested for a crime of violence. These Protective Orders usually last until the Defendant’s case is resolved by the Prosecutor but in serious cases it can last even after the criminal case is over.
2. Application for Relief from Abuse. This Application is filed in the Family Court against a household member or romantic partner. The victim must show that he or she has been subjected to a continuous threat of present physical pain or physical injury, stalking or a pattern of threatening. A judge will review the Application and grant a temporary Restraining Order on the spot if the allegations are serious enough. The Restraining Order stays in effect until a full hearing is held – usually in two weeks. At the full hearing, the judge can order grant a Restraining Order for up to one (1) year.
3. Application for Civil Protection Order. This Application is filed in the Civil Court against anyone who has committed sexual abuse, sexual assault or engaged in stalking behavior. This law offers protection when there has not been arrest and/or the perpetrator is not a household member or dating partner (i.e. 1 and 2 above are not available to the victim). The procedure is similar to the Relief from Abuse in that a a judge can grant protection after reviewing the Application, hearings are scheduled within 2 weeks and the Order can last for up to one (1) year.
I represent clients in Restraining Order hearings throughout Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact me online or call my Fairfield office at (203) 259-5251 or my Stamford office at (203) 356-1475 if you have questions about a Connecticut Application for Civil Protection Order.
A Stamford Divorce Contempt was recently upheld by the Connecticut Appellate Court.
Here are the relevant facts:
The parties, who were formerly married, entered into a pendent lite stipulation in October 2014 which provided that certain funds being held in escrow would be deposited in a joint bank account requiring both parties signatures for withdrawals. Approximately one year later, the former wife filed a Motion for Contempt, alleging that her former husband had unilaterally withdrawn the balance of the account and placed it in a separate, personal account. The trial court, after an evidentiary hearing, granted the Motion for Contempt. Several weeks later, the parties jointly moved to open and vacate the judgment of contempt. The trial court denied the joint motion. The former husband appealed.
His primary argument on appeal was that he should not have been held in contempt because his acts were not “willful” since he was relying on counsel. Without a finding of willfulness, a trial court cannot find contempt and, it follows, cannot impose contempt penalties. However, the trial court disagreed, holding that, while he testified that he consulted with counsel, the record showed no testimony or evidence that he relied on counsel.
He stated in support of his argument to the Appellate Court that he ‘‘testified about this repeatedly’’during the contempt proceeding and that ‘‘his former attorney advised him’’ to remove the funds from the joint account to prevent dissipation of the asset.
The Appellate Court disagreed finding that the former husband failed to testify or present any other evidence, that he relied on counsel’s advice. At most, he testified that he had consulted with his attorney about the appropriate course of action under the circumstances. The Appellate Court thus held the record did not support his argument that he relied on counsel or that his counsel advised him to take certain actions.
Stamford Divorce Contempt Attorney
I represent clients in Connecticut Divorce proceedings though out Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you have questions about a Connecticut Divorce Contempt.
Source: Hall v. Hall | Connecticut Law Tribune
The law concerning Connecticut cohabitation and alimony is often misunderstood.
There is a two part test:
Pursuant to Connecticut General Statutes §46b-86 (b), a finding of cohabitation requires findings only (1) that the alimony recipient was living with another person and (2) that the living arrangement caused a change of circumstances so as to alter the alimony recipient’s financial needs.
I highlight only to emphasize that there is no requirement that the cohabitation involve a romantic or sexual relationship. The focus is whether the financial needs of the person receiving alimony have changed (improved) because of the cohabitation.
A recent case from the Connecticut Appellate Court illustrates this point.
The parties were divorced in 2011. The former husband was ordered to pay monthly alimony to his former wife plaintiff in the amount of $5,000, with payments to terminate upon her “cohabitation”.
In 2013, he moved to terminate the alimony based on cohabitation with her boyfriend. The trial court granted the motion for termination of alimony effective on the date she began cohabitating with her boyfriend. She appealed. On appeal she did not dispute that she was living with her boyfriend, but argued that her cohabitation should terminate alimony only if if her former husband could prove that the cohabitation had “a romantic or sexual component,” and that he failed to introduce such evidence.
The Appellate Court affirmed, holding that no such showing was required and that the alimony was properly terminated since both of the requirements of the two part test were satisfied. At her hearing on the motion to terminate alimony, the former wife testified that she began living with her boyfriend on October 1, 2013. She acknowledged further that their agreement to share costs resulted in the reduction of her monthly rent obligation from $950 to $375. Therefore, she benefited financially from this arrangement. No further showing regarding the nature of the “relationship” was required.
I represent clients with alimony issues throughout Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact me online or call my Fairfield office at (203) 259-5251 or my Stamford office at (203) 356-1475 if you have questions about Connecticut cohabitation and alimony.
Reunification counseling in Connecticut can be used as an intervention for divorcing or separated families, particularly where children are finding difficulty, for whatever reason, with visiting with the noncustodial parent.
It is an unfortunate part of divorce and separation that sometimes parents can, either intentionally or sometimes even unintentionally, behave in such ways that work to create divisions between a child and their other parent. Sometimes this will rise to the level of parental alienation, which is a very serious issue in our business as it can have long-lasting implications on the relationship between the parent and child. Parental alienation generally occurs when one parent does not fully engage in co-parenting with the other parent, usually including such actions as leaving the other parent out of the decision-making process, talking negatively about the other parent or even denying access and contact between the child and the other parent.
Not surprisingly, as a result, a physical, emotional and many times psychological divide is created between that parent on the outside and their child. Once this occurs, it not unusual for a child to not want to communicate with, see or spend time with that other parent. When a child refuses to talk with or spend time with the other parent, then in many cases, the use of a child psychologist or counselor would be necessary in order to assist in redeveloping that parent-child relationship, something known as reunification counseling or reunification therapy
Court Order for Reunification Counseling
Starting reunification counseling is often easier said than done, as alienating parents are themselves emotionally fragile, with a prodigious sense of entitlement and need to control. Therefore, many times, due to the conflicts already existing between the parents, a Court order is required to initiate this type of counseling. If the parents cannot agree on the counseling itself or a specific counselor, then either party may motion the Court to appoint an appropriate therapist with the underlying goal being to reunify the child and that other parent.
Any such court order should detail the expectation that each parent cooperate with the therapy as well as set forth payment arrangements. The therapist should have professional discretion to set the specifics for treatment.
What else can a targeted parent do?
1. Alienated parents should try to expose their children to people who regard them, as parents, with honor and respect, to let children see that their negative opinion, and the opinion of the alienating parent, is not shared by the rest of the world. This type of experience will leave a stronger impression than anything the alienated parent can say on his or her own behalf, according to journals I have read.
2. Alienated parents acutely feel the hostility and rejection of their children. These children seem cruel, heartless, and devaluing of their parents. Yet it is important to realize that from the child’s perspective, it is the targeted parent who has rejected them; they have been led to believe that the parent whom they are rejecting does not love them, is unsafe, and has abandoned them. Thus, the primary response of the alienated (targeted) parent must always be one of loving compassion, emotional availability, and absolute safety. Patience and hope, unconditional love, being there for the child, is the best response that alienated parents can provide their children.
3. Do not give up.
I represent parents throughout Fairfield County including Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Call my Fairfield office at (203) 259-5251 or my Stamford office at (203) 356-1475 to schedule a consultation about reunification counseling or parental alienation.