GROUNDS FOR DIVORCE: NO-FAULT or FAULT ?
The no-fault ground for divorce usually used with these documents is
(1) The marriage has broken down irretrievably;
(2) the parties have lived apart by reason of incompatibility for a continuous period of at least 18 months. Most clients use one of these grounds since it does not require proof at the final hearing.
Proof of the breakdown of the marriage can be made by:
(1) the spouses signing an agreement or statement that their marriage is irretrievably broken or
(2) both spouses stating in court that their marriage is irretrievably broken and submitting an agreement concerning the care, custody, visitation, maintenance, support, and education after custody of their children, if any, and concerning alimony and the disposition of any property.
A full list of the fault grounds that are available for a divorce filed in Connecticut are as follows: (Requires proof or the case can be dismissed)
(3) willful desertion for 1 year;
(4) seven years’ absence, during all of which period the absent party has not been heard from;
(5) habitual intemperance;
(6) intolerable cruelty (mental and verbal);
(7) imprisonment for a period in excess of one year;
(8) mental illness for at least 5 years.