Attorney O's Midnight Musings: Connecticut Law » Connecticut General Statutes

What Is A Legal Annulment?

Irene C. Olszewski, Esq. — Wed, 18 May 2011 21:25:30 +0000

First and foremost, a legal annulment is not a divorce or a legal separation. It is also not the same as a spiritual annulment such as one applied for in a religious context. Legal annulment is not a popular method of dissolving a marriage.

Under Connecticut General Statutes Sec. 46b-40(b):

“An annulment shall be granted if the marriage is void or voidable under the laws of this state or of the state in which the marriage was performed.”

This means that the marriage is rendered void from the beginning, as opposed to a divorce that is only dissolved subsequently, after a valid marriage.

There are six grounds for filing an annulment:

* marriage of certain kindred
* marriage attempted to be celebrated or performed by someone unauthorized to do so
* marriage performed in Connecticut without a valid marriage license
* marriage of persons under conservatorship or guardianship
* marriage of minors
* conviction of an offense against chastity

The legal annulment process is similar to the divorce or legal separation process. However, Connecticut General Statutes Sec. 46b-67(b) provides that:

“A decree of annulment … shall give the parties the status of unmarried persons and they may marry again… Neither the ninety-day period specified in this section nor the six-month period referred to in section 46b-53 shall apply in actions for annulment and the court may proceed on any cause of action for annulment in the manner generally applicable in civil actions.”

According to the Connecticut Office of Legislative Research:

“Examples of marriages that are void are bigamous or incestuous marriages. Examples of grounds that would make a marriage viodable are fraud, physical or mental incapacity, and force or duress.”

For more information on legal annulments, you should contact a licensed attorney.

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Disclaimer: The information, comments and links posted on the blog do not constitute legal advice. I will not respond to any specific legal questions in the comments section of this blog. Read my entire disclaimer.

What Court Will Adjudicate My Divorce?

Irene C. Olszewski, Esq. — Tue, 17 May 2011 17:05:12 +0000

I often receive requests from clients to file their divorce in a specific court. Sometimes it’s for convenience, such as having the court closer to their place of employment so they don’t lose as much time traveling on hearing days. Other times it’s a preference for better parking. Unfortunately, we are not allowed to simply file an action in any court we choose. Certain courts handle cases from parties residing in specific towns. In some instances, there may be a choice of a second court, in which case the client will have some say in where the divorce will be adjudicated. For example, if you or the other party to the divorce happen to reside in South Windsor, you will have the choice to file in either Hartford or Tolland.

Connecticut General Statutes Sec. 51-345(a), (c),(e) and (f) govern the filing of civil cases. To determine where your divorce must be filed, visit the Judicial Website here and select the town in which you or the other party reside. Don’t worry though, your lawyer will know which court will have jurisdiction over your divorce!

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Election of a Statutory Share of Decedent’s Estate for Surviving Spouses

Irene C. Olszewski, Esq. — Fri, 13 May 2011 17:00:46 +0000

When a person has a Last Will and Testament prepared, he or she (known as the Testator or Testatrix) may dispose of real estate and personal property in any way they wish; however, this is subject to the limitations of a spousal elective share and a family allowance.

If your spouse dies leaving a Will that does not name you as a beneficiary, you (as the surviving spouse) may claim your spousal elective share. That means that under Connecticut General Statutes Sec. 45a-436(a) you may elect to receive:

“a life estate of one-third in value of all the property passing under the will, real and personal, legally or equitably owned by the deceased spouse at the time of his or her death, after the payment of all debts and charges against the estate. The right to such third shall not be defeated by any disposition of the property by will to other parties.”

If you have a conservator or guardian, pay particular attention to the provisions of subsection (c) which reads:

“The surviving spouse, or the conservator or guardian of the estate of the surviving spouse, with the approval, after notice and hearing, of the court of probate by which such conservator or guardian was appointed, shall, not later than one hundred fifty days from the date of the appointment of the first fiduciary, as defined in section 45a-353, file a notice, in writing, of his or her intention to take the statutory share with the court of probate before which the estate is in settlement, and if such notice is not so filed, the surviving spouse shall be barred of such statutory share.”

There are other provisions if your spouse did name you in his or her Will:

“If the deceased spouse has by will devised or bequeathed a portion of his or her property to his or her surviving spouse, such provision shall be taken to be in lieu of the statutory share unless the contrary is expressly stated in the will or clearly appears therein; but, in any such case, the surviving spouse may elect to take the statutory share in lieu of the provision of the will.”

If a support allowance is involved, the Statute provides:

“If the court of probate has allowed a support allowance under section 45a-320 from the deceased spouse’s estate for support of the surviving spouse and for the support of his or her family, the surviving spouse shall not take his or her statutory share until the expiration of the time for which the support allowance is made.”

In the case of prenuptial or postnuptial agreements:

“The provisions of this section with regard to the statutory share of the surviving spouse in the property of the deceased spouse shall not apply to any case in which, by written contract made before or after marriage, either party has received from the other what was intended as a provision in lieu of the statutory share.”

Finally, you are not entitled to a statutory share or an intestate share (meaning there was no Will), without sufficient cause, if you abandoned your spouse and continued that abandonment to the time of your spouse’s death.

For more information on your spousal rights and elective shares, you should contact a licensed attorney.

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Parental Relocation of a Minor Child

Irene C. Olszewski, Esq. — Wed, 12 May 2010 00:59:12 +0000

When parents divorce and the custodial parent wishes to move to another state with the minor child(ren), it may not be as simple as packing up the moving van and driving away. It is important to understand that a divorce decree will specifically address the issues of custody and visitation. These orders of the court are fully enforceable and not following them may find you in contempt of court.

For example, let’s assume that your divorce decree orders that both parents have joint custody of the minor children and that you, the mother, have physical custody of them (meaning they live with you). Your ex-husband (the father) has visitation with the children on Wednesday evenings and every other weekend from Friday after school through Sunday night at 8:00. You can’t relocate the children out of state at a whim without effecting the existing court-ordered parenting plan. In other words, if you relocate to another state, the father’s visitation is prevented (or at the very least, compromised).

Before you put the house up for sale and quit your job, you should be aware that effective October 1, 2006, Connecticut General Statute 46b-56(d) reads:

“(a) In any proceeding before the Superior Court arising after the entry of a judgment awarding custody of a minor child and involving the relocation of either parent with the child, where such relocation would have a significant impact on an existing parenting plan, the relocating parent shall bear the burden of proving, by a preponderance of the evidence, that (1) the relocation is for a legitimate purpose, (2) the proposed location is reasonable in light of such purpose, and (3) the relocation is in the best interests of the child.

(b) In determining whether to approve the relocation of the child under subsection (a) of this section, the court shall consider, but such consideration shall not be limited to: (1) Each parent’s reasons for seeking or opposing the relocation; (2) the quality of the relationships between the child and each parent; (3) the impact of the relocation on the quantity and the quality of the child’s future contact with the nonrelocating parent; (4) the degree to which the relocating parent’s and the child’s life may be enhanced economically, emotionally and educationally by the relocation; and (5) the feasibility of preserving the relationship between the nonrelocating parent and the child through suitable visitation arrangements.”

You should also be aware that with regard to modification of such court orders, pursuant to Connecticut General Statute 46b-56(c):

“In making or modifying any order as provided in subsections (a) and (b) of this section, the court shall consider the best interests of the child, and in doing so may consider, but shall not be limited to, one or more of the following factors: (1) The temperament and developmental needs of the child; (2) the capacity and the disposition of the parents to understand and meet the needs of the child; (3) any relevant and material information obtained from the child, including the informed preferences of the child; (4) the wishes of the child’s parents as to custody; (5) the past and current interaction and relationship of the child with each parent, the child’s siblings and any other person who may significantly affect the best interests of the child; (6) the willingness and ability of each parent to facilitate and encourage such continuing parent-child relationship between the child and the other parent as is appropriate, including compliance with any court orders; (7) any manipulation by or coercive behavior of the parents in an effort to involve the child in the parents’ dispute; (8) the ability of each parent to be actively involved in the life of the child; (9) the child’s adjustment to his or her home, school and community environments; (10) the length of time that the child has lived in a stable and satisfactory environment and the desirability of maintaining continuity in such environment, provided the court may consider favorably a parent who voluntarily leaves the child’s family home pendente lite in order to alleviate stress in the household; (11) the stability of the child’s existing or proposed residences, or both; (12) the mental and physical health of all individuals involved, except that a disability of a proposed custodial parent or other party, in and of itself, shall not be determinative of custody unless the proposed custodial arrangement is not in the best interests of the child; (13) the child’s cultural background; (14) the effect on the child of the actions of an abuser, if any domestic violence has occurred between the parents or between a parent and another individual or the child; (15) whether the child or a sibling of the child has been abused or neglected, as defined respectively in section 46b-120; and (16) whether the party satisfactorily completed participation in a parenting education program established pursuant to section 46b-69b. The court is not required to assign any weight to any of the factors that it considers.” (Emphasis added.)

Before you attempt to relocate your child(ren), you should seek the advice of a licensed attorney in your state to determine the required legal steps.

Child Support Guidelines

Irene C. Olszewski, Esq. — Mon, 19 Oct 2009 02:15:58 +0000

Clients often question how child support orders are determined by the Courts. Pursuant to Connecticut General Statutes sec. 46b-215a, the Commission for Child Support Guidelines publishes Child Support and Arrearage Guidelines (last updated August 1, 2005) which are used to determine the amount of child support the non-custodial parent must pay to the custodial parent.

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