Dedicated to providing effective, compassionate counsel in all aspects of family law

How do fault and cause factor into the Connecticut divorce process?

by | May 31, 2021 | Divorce

Every state in the country has different laws for their divorce courts to follow when it comes to things like asset distribution, spousal support payments and child custody. If you live in Connecticut, and you have an impending divorce, it’s important to inform yourself as to the types of things Connecticut divorce courts consider when crafting the final divorce decree – namely, the weight that the cause of the breakdown of the marriage has.

The fault factor

There is a Connecticut statute that outlines the types of things that divorce courts in the state are allowed to consider when dividing up marital property. These factors include standard things that you might find in any state’s divorce courts, such as the general health and earning capacity of each of the spouses.

However, unlike most states, Connecticut divorce courts can also consider the fault of one or both of the parties. If one party’s behavior was primarily responsible for the failure of the marriage, then that spouse will likely be penalized when it comes time to decide how large a portion of the marital estate they will receive.

A Connecticut divorce that took place a few years back illustrates this concept in action. When the Sapper family decided to file for divorce, the court took into account the wife’s allegations of abuse and improper financial neglect by the husband as the principal cause of the dissolution of the marriage.

As a result, when it came time to divide up the marital estate, the court awarded 80 percent of marital assets to the wife, and 20 percent to the husband. The husband tried to appeal, contending that it was improper for the court to take fault into account, but the court affirmed that Connecticut family law allowed them to do so.

Divorce law is a complex field, and it can be difficult to predict how a divorce will turn out in your individual case. But understanding how Connecticut’s family law works can help you to know what to expect when you decide to begin the process of filing for divorce.