Friday, April 22, 2011

Connecticut divorce laws


The superior court may order either party to pay maintenance to the other, in addition to or instead of the distribution of property. In determining whether alimony should be awarded and duration and amount of the premium, the Court shall hear the witnesses, if any, of each of the parties, taking into account the length of the marriage, the causes of annulment, dissolution of marriage or legal separation, the age, health, employment, station, quantity and sources of income, professional skills, employability, immobile and needs of each of the parties and, where appropriate, the Court may issue distribution of property in accordance with, and, in the case of a parent that has been assigned the custody of minor childrenthe opportunity of this parent employment protection. [Based on Connecticut General Statutes Annotated; Title 46b-82]


At the time of entering into a decree of dissolution of a marriage, the Court, at the request of the spouses must bear the name of birth or that former spouse. [Based on Connecticut General Statutes Annotated; Title 46b-63].


In making or modifying any order with respect to custody or visitation, the Court must (1) guided by the best interests of the child, taking into consideration the wishes of the child if the child is old enough and able to form an intelligent preferenceprovided that in doing the initial order, the Court may take into account the causes of dissolution of marriage or judicial separation if these cases are relevant in determining the best interests of the child and (2) consider whether the party completed satisfactorily attended a parenting education program established pursuant to section 46b-69b. [Connecticut General Statutes Annotated; Title 46b chapters, 56, 56a, 56b, 84].


On or next to the annulment or dissolution of marriage or the entry of a decree of divorce or legal separation, parents of a minor child of the marriage, shall keep the child in accordance with their respective capabilities, if the child needs maintenance. If there is a child of the marriage not married who has attained the age of eighteen, is a full-time student and lives with a parent, parents should keep the child in accordance with their respective capacity if the child needs careuntil the child completes the twelfth grade or reaches the age of nineteen, whichever first occurs. The Court may issue appropriate orders to support any child with mental retardation, residing with a parent and that parent is mainly for maintenance until the child reaches the age of twenty-one years.

In determining whether a child needs maintenance and, if in need, the ability of parents to provide such maintenance and the amount, the Court will consider the age, health, employment, station, earning capacity, quantity and sources of income, summer, professional skills and employability of each of the parents and the age, health, education, occupation, status and life expectancy, amount and sources of income, employability skills, real estate and the needs of children.[Based on Connecticut General Statutes Annotated; Title 46b-84].


A prenuptial agreement is made in writing and signed by both parties. Enforceable without consideration. Parts for a prenuptial agreement can contract with respect to:

The rights and obligations of each party in any of the properties of one or both of them whenever and wherever gained or lies. The right to buy, sell, use, transfer, Exchange, give, lease, give, devote, consume, create a security interest, mortgage, encumber, dispose of, or otherwise manage and control properties. The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event. Modifying, or deleting of spousal support. Making a will, trust or other arrangement to implement the provisions of the agreement. The right of ownership and disposition of the death benefit from life insurance policy. The right of both parties as a participant or the participant's spouse under a retirement plan. The choice of law governing the construction of the agreement; and any other matter, including their personal rights and obligations.

The right of a child support may not be negatively impacted by a prenuptial agreement. Any provision relating to the care, custody and Visitation or other provisions affecting a child shall be subject to review and judicial review. [Based on Connecticut General Statutes Annotated; Title 46b-36]

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