Connecticut is an at-fault state for the purpose of determining asset division in a divorce. This means that, rather than enforcing an equitable 50-50 distribution in all cases, the court will instead make decisions based on the contributing factors leading to a divorce.
There can understandably be many sources of tension when a high-asset divorce seems inevitable. By understanding what actions can contribute to fault in a divorce case, you can protect yourself and the assets that matter most to you.
Adultery
Pursuing a separate relationship as a married individual is an indisputable factor that can lead to divorce. If you provide evidence of your spouse’s adultery, such as photographs, then the court will likely recognize it as an example of fault.
Criminal activity
When a spouse is guilty of a crime, particularly one that implies a prison sentence, divorce is certainly on the table. The court may view longer periods of confinement as greater contributing factors to divorce.
Cruelty
Cruelty and abuse are behaviors that no one should have to suffer in a marriage, and yet they are especially common causes of divorce. Some examples of cruelty may be strictly illegal, but any form of unnecessary physical or emotional abuse can be grounds for determining fault in a marital split.
If you are approaching a divorce in which you feel like a victim of your spouse’s harmful or irresponsible actions, it is important to speak up on the matter. The topic of fault is something that Connecticut divorce courts take very seriously.