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How does fault come into play during your divorce?

On Behalf of | Jun 28, 2024 | Divorce

Understanding how fault can affect the process of divorce in Connecticut is essential. In this state, fault-based and no-fault divorce options are available, each influencing the proceedings differently.

Types of fault in a divorce

In a fault-based divorce, one partner must establish that the other’s wrongdoing caused the breakup of the marriage. Common grounds for a fault-based divorce in the state include:

  • Adultery
  • Willful desertion for one year
  • The absent party’s silence during a seven-year absence, during which time the party is assumed to have died
  • A habitual problem with drugs or alcohol that negatively affects the marriage
  • Intolerable cruelty
  • Fraudulent contract
  • A spouse is sent to jail for a minimum of one year

Finally, if a spouse has been in a mental institution for at least 5 years before the divorce filing, that could be grounds for fault in the divorce.

Impact of fault on the divorce process

In Connecticut, the court divides assets fairly but not equally, and fault may influence how the court splits assets. For example, if one spouse’s adultery led to financial loss, the court might award a larger share of assets to the other spouse.

Additionally, fault can affect alimony decisions. The court might consider a spouse’s bad behavior when deciding how much and for how long alimony should be paid. For instance, if one spouse’s intolerable cruelty contributed significantly to the dissolution of the marriage, the court could require them to pay higher alimony.

Grasping how fault impacts divorce proceedings in Connecticut sheds light on the potential complexities and financial implications involved. Deciding on a fault-based or no-fault option carries significant consequences for both asset division and alimony, making it crucial for individuals to consider their circumstances and potential outcomes carefully.