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Dissolution of Civil Unions

& Legal Separation in Connecticut

 

 

 

Manchester, Connecticut Civil Union Dissolution Attorney

Connecticut Lesbian and Gay Rights Attorney

Law Offices of Irene C. Olszewski, LLC

 

 

The information presented here is intended as a brief guide to dissolution of civil union law in Connecticut.  It is not intended to be and should not be construed as legal advice.   Questions about your individual circumstances should be discussed with a licensed attorney.  A Connecticut lesbian and gay rights lawyer at the Law Offices of Irene C. Olszewski, LLC can assist you with dissolution of Civil Union or legal separation. 

 

For more information on Connecticut Civil Unions visit our Connecticut Civil Unions for Lesbian & Gay Couples page. 

 

Dissolution of Civil Unions

 

Civil Union is a legal status that may only be dissolved by:

bulletthe death of one of the parties; or
bulleta decree of annulment or dissolution of the civil union by a court of competent jurisdiction.

This means that if both parties to the 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 Civil Union is not recognized by every state.  Therefore, unlike civil union, you will not be able to obtain a dissolution in a state that does not recognize Civil Unions.  

There are specific procedures for filing an action for dissolution. 

What Do The Statutes Say About Dissolution of Civil Unions?

Connecticut General Statutes 46b-40 through 46b-89 govern dissolutions of civil unions (and heterosexual marriage).  While there are many grounds on which you may file for dissolution, Connecticut also provides for “no-fault” dissolution.  That means that you do not have to prove that your life partner is at fault, only that the civil union has “broken down irretrievably” and there is no hope of getting back together.  Your life partner does not have to agree to dissolution in order for you to file for a dissolution.   Only one person has to claim that the civil union has “irretrievably broken down.” 

How Long Will It Take For My Dissolution To Become Final?

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.  

How Much Will My Dissolution Cost?  

The commencement of a dissolution action requires that specific forms (including a Summons and Complaint, among others) be completed and served upon your life partner 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 $225).   If you have minor children (under the age of 18), you are required to participate in a parenting education program (approximately $100 per person).   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.   

Other Issues

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.  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 life partner) 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 Civil Union and your legal rights, contact a Connecticut lesbian and gay rights lawyer at the Law Offices of Irene C. Olszewski, LLC.

Automatic Court Orders

Along with the Summons and Complaint, a Notice of Automatic Court Orders (form JD-FM-158) must be served upon the other party by a marshal.  The following summarizes what each party can and cannot do while your dissolution is pending.   Failure to obey the Automatic Court Orders may be punishable by being held in  Contempt of Court.   

You cannot:

bullet

Sell, mortgage or give away any property without written agreement or a court order;

bulletGo into unreasonable debt by borrowing money or using credit cards or cash advances;
bulletPermanently take your children from Connecticut without written agreement or court order;
bulletTake each other or your children off any existing medical, hospital, doctor or dental insurance policy or let any such insurance policy expire;
bulletChange 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;
bulletDeny 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:

bulletComplete 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;
bulletParticipate in a parenting education class within 60 days of the return date (if you have minor children);
bulletAttend 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;
bulletTell 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);
bulletHelp 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.  

 

Useful Resources for Dissolution Information

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.

 

 

bullet

Dissolution of Civil Unions (and divorce) in the State of Connecticut

bullet

Connecticut General Statutes Title 46b: Family Law

bullet

Getting A Lawyer Appointed For Your Child:  Divorce, Custody Or Visitation Cases  (applies to Civil Unions as well)

bullet

Connecticut's Post-Majority Educational Support

 

Manchester, Connecticut Legal Separation Lawyer

Legal Separation

This section is still under construction.  

 

 

Useful Resources for Legal Separation Information

Note that these materials generally refer to "divorce" rather than "civil union" --

however, the same statutes and materials apply to Civil Unions.

 

bullet

Legal Separation in Connecticut

For more information on the legal separation of the parties to a Connecticut Civil Union and your legal rights, contact a Connecticut lesbian and gay rights lawyer at the Law Offices of Irene C. Olszewski, LLC.

 

      Proceed to our Child Support, Custody and Visitation page for more information.

Return to the main Family Law page.  

Return to the main Lesbian & Gay Issues page.  

Proceed to the Lesbian & Gay Resources page.

Contact a Connecticut Lesbian and Gay Rights Lawyer

 

Law Offices of Irene C. Olszewski, LLC

21 East Middle Turnpike, Manchester, Connecticut 06042

Telephone:  (860) 432-7293      Facsimile:  (860) 432-7294

e-mail:  irenelaw1@aol.com

 

 

The Law Offices of Irene C. Olszewski, LLC handles 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. 

 

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.      

 

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Manchester, Connecticut Civil Union Dissolution Lawyer

Connecticut Gay and Lesbian Rights Lawyer

Law Offices of Irene C. Olszewski, LLC

Send mail to irenelaw1@aol.com with questions or comments about this web site.
Copyright © 2004-2008 Law Offices of Irene C. Olszewski, LLC
Last modified:  05/01/2008