Hartford, CT- Connecticut is one of the numerous states that allowing married couples to seek a fault or no-fault divorce. But if you are like most, you are wondering: What is the difference between a fault and no-fault divorce?
A no-fault divorce refers to a type of dissolution that does not require either spouse prove wrongdoing to be granted a divorce. The can file divorce papers and simply state irreconcilable differences as their reason for divorcing. That’s just a technical way to say that couple doesn’t get along, and they no longer want to continue with their marriage.
In Connecticut, a couple can file for a no-fault divorce if they can show their marriage has been irretrievably broken for at least 18 months. Once they file for divorce, a couple will have to wait for 90 days for their divorce to be approved even if they mutually agree to child custody and asset division.There are several reasons why a couple files for fault divorce including abuse and infidelity.
A fault divorce is a type of dissolution in which one spouse request of the actions of their spouse caused a breakdown in their marriage. Fault divorces are far less common than no-fault divorces, and can be pursued based on the following reasons:
- Physical, verbal or sexual abuse
- Intentional infliction of pain
When a couple files for a fault divorce, they don’t have to wait 90 days for a court to issue the final decree or have to live apart for any length of time. Additionally, if a spouse can show fault, they may receive a larger settlement and more alimony, depending on the actions of their spouse.
To be eligible for a fault or no-fault divorce in Connecticut, you must be a resident of the state for at least 12 months before filing. If both spouses are at fault, the court will grant the spouse who is least at fault for the marital strife the divorce and the large portion of the marital assets.Speak with a divorce lawyer before making decisions about your divorce that can affect the outcome.
If you are planning on filing for divorce in Hartford, Connecticut, USAttorneys recommends you speak with a divorce lawyer before you decide how to file. Leave it up to the experts to help you decide if a no-fault or a fault divorce is better in your circumstances. You can count on our team of divorce lawyers to look out for your rights and be your ally through the process of negotiating child custody and asset division.
We urge you to contact the law offices of Melocowsky & Melocowsky to assist you all aspects of your Connecticut divorce and ensure your wishes are respected in the negotiation process. The divorce and family law attorneys at Melocowsky & Melocowsky are supportive and dedicated and will steer you in the right direction. They strive to ensure your case is resolved fairly and satisfactorily. Call their Hartford law office at 1-860-633-6356 and set up a consultation.