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For more information on Connecticut Same-Sex Marriages & Civil Unions visit our Connecticut Marriages & Civil Unions for Lesbian & Gay Couples page.
IMPORTANT NOTICE TO NON-RESIDENTS OF CONNECTICUT:
You or your spouse MUST be a resident of Connecticut for 12 months in order for Connecticut courts to have jurisdiction over your divorce, legal separation or annulment. Our statutes clearly state that:
Sec. 46b-44(c) A decree dissolving a marriage or granting a legal separation may be entered if: (1) One of the parties to the marriage has been a resident of this state for at least the twelve months next preceding the date of the filing of the complaint or next preceding the date of the decree; or (2) one of the parties was domiciled in this state at the time of the marriage and returned to this state with the intention of permanently remaining before the filing of the complaint; or (3) the cause for the dissolution of the marriage arose after either party moved into this state.
Establishing residency in Connecticut does NOT mean simply owning property in this state or using someone else's Connecticut mailing address as your own. To establish residency in Connecticut, you (or your spouse) MUST live in this state. It is not enough to obtain a post office box — you must actually have a physical street address. As further proof that you have become a Connecticut resident, you should obtain a driver’s license (or State I.D. if you do not drive), register your motor vehicles here, pay state and local taxes in Connecticut, and register to vote here (be aware that you cannot be a resident of two states for voting purposes). The residency requirement applies to heterosexual couples as well as gay & lesbian couples. There are NO exceptions to the statutory rule that you (or your spouse) MUST be a Connecticut resident, so please do not call the office to ask how to avoid this requirement.
Marriage and Civil Union are both a legal status that may only be dissolved by:
 | the death of one of the parties; or |
| a decree of annulment or dissolution of the marriage or civil union by a court of competent jurisdiction. |
This means that if both parties to the marriage or Civil Union are still living and one or both parties wish to terminate the relationship, the parties must file an action for dissolution in the Superior Court. It is important to note that same-sex marriages and Civil Unions are not recognized by every state. Therefore, unlike a heterosexual marriage, gay and lesbian couples will not be able to obtain a dissolution (divorce) in a state that does not recognize same-sex marriages or Civil Unions.
There are specific procedures for filing an action for dissolution.
In the State of Connecticut, you may obtain a divorce using 1) the traditional litigation (court-based) model, 2) collaborative divorce or 3) mediation.
Connecticut General Statutes
46b-20 through 46b-89 govern marriages and civil unions. While there
are many
grounds
on which you may file for dissolution,
Under Connecticut law, there is a ninety-day waiting period from the time you commence the dissolution action until it becomes final. If your dissolution is complicated (for example, you have property or custody issues to resolve), the time it will take to finalize your dissolution may be longer than ninety days.
The commencement of a dissolution action requires that specific forms (including a Summons and Complaint, among others) be completed and served upon your spouse by a marshal. There are certain costs involved in filing for dissolution, which include the fee for the marshal to serve the Summons and Complaint (approximately $40-50 or more), as well as the court’s filing fee (currently $300.00). If you have minor children (under the age of 18), you are required to participate in a parenting education program. Under certain circumstances, you may motion the court to exempt you from such classes (for example, if your youngest child is nearly 18 at the time you file for dissolution). If you fall below certain income requirements, the court may grant you a waiver of some or all of the fees if you complete the proper application. Your attorney's fees will vary, depending on the complexity of your particular case.
If you have minor children (under the age of 18) where both parties are legal parents of the children, the Court will address issues such as custody, visitation, child support and future educational support. Connecticut Child Support is based upon recognized guidelines and is not determined arbitrarily. Please see our Child Support page for more information on the topic of Child Support.
Depending upon a variety of circumstances, the issue of alimony (financial support of your spouse) may also be addressed.
This is not, by any means, an exhaustive list of issues that may arise in your dissolution action. Every set of circumstances has its own issues. A consultation with a licensed attorney may be helpful and should be able to answer your specific questions. For more information on the dissolution of a Connecticut same-sex marriage or Civil Union and your legal rights, contact a Connecticut lesbian and gay rights lawyer at the Law Offices of Irene C. Olszewski, LLC in East Hartford.
You cannot:
|
Sell, mortgage or give away any property without written agreement or a court order; |
|
Go into unreasonable debt by borrowing money or using credit cards or cash advances; |
|
Permanently take your children from Connecticut without written agreement or court order; |
|
Take each other or your children off any existing medical, hospital, doctor or dental insurance policy or let any such insurance policy expire; |
|
Change the terms or named beneficiaries of any existing insurance policy or let any existing insurance coverage expire. This includes life, automobile, homeowner's or renter's insurance; |
|
Deny use of the family home to the other person without a court order, if you are living together on the date the dissolution papers are served. |
You must:
|
Complete and exchange sworn Financial Affidavits (form JD-FM-6) within 30 days of the return date. A Financial Affidavit is a special form on which you must disclose your wages and other sources of income, your assets, and your debts and expenses; |
|
Participate in a parenting education class within 60 days of the return date (if you have minor children); |
|
Attend a Case Management Conference on the date specified on the Notice of Automatic Orders (which will be determined by the court clerk) unless you both agree on all issues and file a Case Management Agreement form with the court clerk on or before that date; |
|
Tell the other person (or her/his attorney, if she/he is represented by one) in writing within 48 hours about your new address or a place where you can receive mail if you move out of the family home (if you share children under the age of 18); |
|
Help any children you share to continue their usual contact with both parents in person, by telephone and in writing. |
If you object to the Automatic Court Orders or if you want them changed, you have the right to a hearing before a Judge within in a reasonable time, by filing a Motion to Modify these orders with the court clerk.
The following links are provided for informational purposes only and are not intended as legal advice. Use of this information is not intended to and does not form an attorney/client relationship. The Law Offices of Irene C. Olszewski, LLC is not responsible for the content or accuracy of information on these websites.
Note that these materials generally refer to "divorce" rather than "civil union" --
however, the same statutes and materials apply to Civil Unions.
|
Brochure: The Divorce Process in Connecticut: An Overview by Law Offices of Irene C. Olszewski, LLC (2010 .pdf) |
|
Dissolution of Marriages and Civil Unions in the State of Connecticut |
| Connecticut General Statutes Title 46b: Family Law |
| Getting A Lawyer Appointed For Your Child: Divorce, Custody Or Visitation Cases (applies to Civil Unions as well) |
| Connecticut's Post-Majority Educational Support |
|
| Collaborative Divorce Professionals (Connecticut) |
Click to read
Posts on Divorce from the
Musings
and General Divorce Topics
from
|
Beware of Online Parenting Classes that Don’t Comply with Connecticut Court Orders |
|
Personal Identifying Info to be Omitted or Redacted from Court Records in Civil and Family Matters |
Conn. Gen. Stat. (2008).
§ 46b-65. Filing of declaration of resumption of marital relations; dissolution of marriage after legal separation decree when no declaration filed.
(a) If the parties to a decree of legal separation at any time resume marital relations and file their written declaration of resumption, signed, acknowledged and witnessed, with the clerk of the superior court for the judicial district in which the separation was decreed, the declaration shall be entered upon the docket, under the entries relating to the complaint, and the decree shall be vacated and the complaint shall be deemed dismissed.
(b) If no declaration has been filed under subsection (a) of this section, then at any time after the entry of a decree of legal separation, either party may petition the superior court for the judicial district in which the decree was entered for a decree dissolving the marriage and the court shall enter the decree in the presence of the party seeking the dissolution.
|
|
Note that these materials generally refer to "divorce" rather than "civil union" --
however, the same statutes and materials apply to Civil Unions.
For more information on the legal separation of the parties to a Connecticut same-sex marriage or Civil Union and your legal rights, contact a Connecticut lesbian and gay rights lawyer at the Law Offices of Irene C. Olszewski, LLC in East Hartford, Connecticut.
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, consult a Connecticut annulment lawyer at the Law Offices of Irene C. Olszewski, LLC.
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Blog: Connecticut Lesbian and Gay Law
Read the Article: 'A Year of Questions' **
(**Published in Connecticut Law Tribune 12/14/09 about same-sex marriage 1 year after legalization in CT.
Attorney Olszewski was interviewed for this article)
Read the Article: 'In Transition: Advocates push for stronger bans on transgender bias' **
(**Published in Connecticut Law Tribune 3/28/11. Attorney Olszewski was interviewed for this article)
Read the Article: ‘Connecticut Did Right Thing’ **
(**Published in Connecticut Law Tribune 10/13/08. Attorney Olszewski was interviewed for this article)
Read the Article: 'Note to N.Y.: 'Legal' doesn't mean 'equal' say local couples'**
(**Published in Connecticut Post online 7/2/11. Attorney Olszewski was interviewed for this article)
Blog: Connecticut Lesbian and Gay Law
Blog: Attorney O's Midnight Musings
**
Our Page is titled Law Offices of Irene C. Olszewski, LLC
Twitter: Irene_Olszewski (note the underscore)
The Law Offices of Irene C. Olszewski, LLC handles divorce (dissolution) of marriages and civil unions for lesbian and gay couples, legal separations and other legal matters for LGBTI clients throughout the state of Connecticut including Hartford County, Tolland County, Middlesex County, New Haven County, New London County, Litchfield County, Windham County, and Fairfield County; and the cities of Hartford, East Hartford, Glastonbury, Manchester, Wethersfield, Tolland, Vernon, Rocky Hill, West Hartford, Rockville, Portland, Ashford, Windham, Ellington, Coventry, Colchester and all other Connecticut towns.
Disclaimer: This website is for informational purposes only. It is not intended to be and should not be construed as legal advice. Use of this website and/or the information contained on this website is not intended to create an attorney-client relationship. All legal questions should be addressed to a licensed attorney.
East Hartford, Connecticut Same-Sex Marriage & Civil Union Dissolution Lawyer
Connecticut Gay and Lesbian Marriage Lawyer
Connecticut Gay and Lesbian Rights Lawyer
Connecticut Collaborative Divorce Lawyer
Law Offices of Irene C. Olszewski, LLC
