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Getting Divorced

Conn. Gen. Stat. § 46b-40 — a marriage broken down irretrievably, and one spouse a resident for twelve months

A dissolution of marriage, or a legal separation, is granted on a finding of one of the causes the statute lists. The first is that the marriage has broken down irretrievably; another is that the spouses have lived apart by reason of incompatibility for at least the eighteen months before the complaint was served, with no reasonable prospect of reconciling.

  • Conn. Gen. Stat. § 46b-40
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  • The other causes are adultery, fraudulent contract, wilful desertion for one year with total neglect of duty, seven years' absence unheard from, habitual intemperance, intolerable cruelty, and the others the section names.
  • A decree may enter when one spouse has lived in the state for at least the twelve months before the complaint or the decree, or was domiciled here when married and came back to stay, or when the cause arose after either moved here.

Unless the spouses reach a full agreement and ask for judgment sooner, the court may proceed on the complaint after the second day following its return date.

  • Conn. Gen. Stat. § 46b-67
Sources for this section (3)
  1. Conn. Gen. Stat. § 46b-40 — (Formerly Sec. 46-32). Grounds for dissolution of marriage; legal separation; annulment
  2. Conn. Gen. Stat. § 46b-44 — (Formerly Sec. 46-35). Residency requirement
  3. Conn. Gen. Stat. § 46b-67 — (Formerly Sec. 46-44). Time frame for court to proceed in action for dissolution of marriage or civil union, legal separation or annulment

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Connecticut attorney.

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Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.