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Manchester, Connecticut Same-Sex Marriage & Civil Union Dissolution Attorney
Gay and Lesbian Marriage & Civil Union Attorney
Connecticut Lesbian and Gay Rights Attorney
Connecticut Collaborative Divorce Attorney
Law Offices of Irene C. Olszewski, LLC
For more information on Connecticut Same-Sex Marriages & Civil Unions visit our Connecticut Marriages & Civil Unions for Lesbian & Gay Couples page.
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, you will not be able to obtain a dissolution 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. 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. 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.
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.
|
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) |
Manchester, Connecticut Legal Separation Lawyer
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.
Return to the main Family Law page.
Return to the main Lesbian & Gay Legal Issues page.
Proceed to the Lesbian & Gay Resources page.
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)
Blog: Connecticut Lesbian and Gay Law Blog: Attorney O's Midnight Musings
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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.
Manchester, Connecticut Same-Sex Marriage & Civil Union Dissolution Lawyer
Gay and Lesbian Marriage Lawyer
Connecticut Gay and Lesbian Rights Lawyer
Connecticut Collaborative Divorce Lawyer
Law Offices of Irene C. Olszewski, LLC
