Residency Requirements for Dissolution of Marriage: Connecticut
Connecticut has its own dissolution of marriage laws regarding who is eligible to file for a divorce. Each state protects its jurisdiction and makes sure the appropriate laws are applied to the appropriate cases. To prevent your case from being dismissed, make sure you meet the Connecticut residency requirements. The most common mistake people make is believing they must divorce in the state in which they were married. This is simply not true. Most divorce cases throughout the United States are filed in the county in which the filing spouse resides.
Connecticut Filing Requirements: In order to file for a dissolution of marriage in Connecticut, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:
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.
For the purposes of this section, any person who has served
or is serving with the armed forces, as defined by section 27-103, or
the merchant marine, and who was a resident of this state at the
time of his or her entry shall be deemed to have continuously
resided in this state during the time he or she has served or is
serving with the armed forces or merchant marine. (Connecticut General Statutes - Title 46b - Chapter 44)
If you discover that you DO NOT meet at least one of the above residency requirements, you can consider the following 4 options:
1. Do not proceed with a divorce and attempt to save your marriage.
2. Establish residency in Connecticut for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
3. Have your spouse do the filing if he or she meets the necessary residency requirements for Connecticut.
4. Choose another state in which you or your spouse may meet the residency requirements (all state residency laws are unique, so be sure to check the state in which you were married as a potential option).
- Start Your Connecticut Divorce Today (5 Great Options!)
- Locate a Connecticut Divorce Professional Near You
- Read More About Connecticut Divorce Laws
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