Most states, including Connecticut, have no-fault divorce options, which means that a divorce can proceed on the grounds of irretrievable breakdown (what other states may term “irreconcilable differences”).
In Connecticut, the choice of whether to pursue a no-fault divorce or a divorce based on legal grounds is usually made by the plaintiff, who may state such reasons in the original filing that begins the proceeding, or subsequently by amendment of the complaint. The defendant may introduce grounds in an answer and cross-complaint to that filing.
Connecticut judges have wide scope of authority to adjust divorce settlements and custody arrangements based on assessment of fault for the marital break-down; but if you want to benefit from a judge’s discretional generosity, you had better come to court prepared with solid evidence of your partner’s offenses. And make sure you don’t miss your window: if years have passed since your spouse’s indiscretion, it may be too late to claim that as the main fault for the breakdown of the marriage in a later divorce filing.
Don’t assume that you can’t be accused of menacing behavior, adultery or child abuse simply because you have never done any of these things. A stray word or casual photo with a work colleague can easily be twisted into a serious matter worthy of a judge’s consideration. Divorce court can at times be an all-out war, often fought with weapons that would probably be illegal in any other battle between people.
Whether there are ample fault grounds or no grounds, the best way to ensure that your divorce unfolds in a relatively predictable and smooth manner, resulting in a fair and equitable conclusion, is to enter the fray with a top Connecticut divorce attorney at your side.
Hirsch Legal LLC, based in Shelton, is one of Connecticut’s most experienced boutique divorce firms. Our principal attorney, Carmina Hirsch, is a persuasive advocate who has both the experience and temperament to handle contentious litigation leading from beginning to end, and/or reach an amicable resolution if that is your preference and in your best interests. If you live in New Haven or upper Fairfield County (Danbury, Stamford, Westport, Bridgeport, Milford, Waterbury), we are here to serve you. We look forward to your call!