Connecticut Info

Connecticut Divorce Start Your Divorce Find Professionals Connecticut Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum Connecticut Products Divorce by County

Connecticut Articles

Agreements Custody & Visitation Child Support Collaborative Law Counseling Divorce/General Domestic Partnership Financial Planning Mediation SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Case Management Sign In

Network Sites

Connecticut Divorce Support Connecticut Divorce Online

Because Swede Met State Residency Requirements ...
Trial Court Had Jurisdiction to Adjudicate Her Divorce Action

Earlier this year, the Appellate Court of Connecticut rejected an appellant husband’s claims that Connecticut courts lacked subject matter jurisdiction over the dissolution action brought by the appellee wife.

In this case, the parties were married in September 1987 in Stockholm, Sweden. They had three children, including one minor child, and moved to Connecticut in 2002. The wife filed for divorce in February 2009, but withdrew the action in May at the request of the husband, who sought reconciliation. Two months passed before the husband filed a dissolution action in Sweden, at which point the wife and minor child were temporarily living in Sweden for an academic year so the child could become proficient in Swedish. The husband, who now resided in New Jersey, immediately filed a motion to dismiss, citing lack of jurisdiction by the Connecticut courts, but his motion was denied and the court restored the wife’s initial action. In May 2010, the court dissolved the marriage, and the husband appealed, arguing in part that the court lacked subject matter jurisdiction over the dissolution action because the wife failed to meet the State’s residency requirement.

When a party seeks to dissolve their marriage, they must establish residence in this State. General Statutes Section 46b-44(a). This statute has been read broadly, and is interpreted to mean that “a party meets the requirements of Section 46b-44(a) if the complaint is filed while he or she is a resident of Connecticut.” General Statutes Section 46b-44 (c) moves beyond the complaint and focuses on when a court may enter a decree dissolving the marriage. It requires that one of the parties must be a Connecticut resident for at least twelve (12) months before the complaint was filed or the date the court grants the decree. Our courts have interpreted this language to mean “domicile plus substantially continuous residence in Connecticut.” Domicile, in turn, constitutes residence with the intent of making it the party’s home.

In this case, the wife lived in Connecticut since 2002 and initially filed for divorce in February 2009, or six months before she left for Sweden. Therefore, she met the residency requirement for filing the complaint. The husband further argued that his wife abandoned the domicile in Connecticut when she left for Sweden, but the wife countered that she did not intend to remain in Sweden with the minor child. The court credited her testimony as to numerous pertinent facts: in Connecticut, the wife still had her driver’s license, the child’s schooling, their doctors and dentists, and receipt of mail. Therefore, the court concluded that the wife was domiciled in Connecticut for the twelve months prior to when she filed her complaint, and as such the court had subject matter jurisdiction to enter into adjudicate the matter.


Was this helpful? Like our site & let us know.

Related Articles


Start Connecticut Divorce Start Your Connecticut Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
Connecticut Divorce Find Connecticut Divorce Professionals in Your Area:
Join the Network
Connecticut Divorce Products, Services and Solutions Connecticut Divorce Products, Services and Solutions
Connecticut Divorce Resources to Help You Through the Process.
Online Parenting Class Connecticut Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free Connecticut Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
   
In Connecticut, grounds for divorce may be no-fault, which means irreconcilable differences, or the traditional fault grounds of adultery, fraud, intolerable cruelty, imprisonment, confinement due to mental illness, and living separately for 18 months.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for a Connecticut Divorce

 

Settle Your Divorce Negotiate Your Connecticut Divorce

 

Support Forum Connecticut Support Forum

Children In Between - Online Parenting Class


FEATURED TOOL - Name Change Notification Kit (easily complete your name change without the headaches)

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"