My Spouse Wants A Divorce, But I Don’t – What Can I Do?

Do I Need To Consent To A Divorce?

No. In Connecticut, only one spouse needs to file for divorce. The other spouse does not need to consent to a Connecticut divorce action being filed.

What Are My Options If I Don’t Want A Divorce?

Once a divorce action has been filed by one spouse, there are limited options for the other spouse. Couples could attempt marriage counseling, or a party could request that the case be put on conciliation Status.

What Is Conciliation Status?

Conciliation status gives the parties an opportunity to work on their marriage with a conciliator while a divorce action is pending. Conciliation status is governed by Connecticut General Statutes Section 46b-53.

When Can I File For Conciliation Status?

A party in a Connecticut divorce may file for conciliation status on or after the return date of a complaint and prior to the expiration date of the ninety-day waiting period after the return date of a complaint.

Does My Spouse Need To Consent To Conciliation Status?

After a request for conciliation status has been submitted to the clerk, the clerk shall forthwith enter an Order that the parties meet with a mutually acceptable conciliator, and if they cannot agree as to a conciliator, then with a conciliator named by the court.

Who Is An Acceptable Conciliator?

The conciliator must be a clergyman, a physician, a domestic relations officer, or a person experienced in marriage counseling.

Are The Meetings With The Conciliator Mandatory?

Yes. There shall be two mandatory consultations with the conciliator by each party to explore the possibility of reconciliation or of resolving the emotional problems which might lead to continuing conflicts following the dissolution of marriage.

What Happens If A Party Does Not Attend The Mandatory Meetings?

Failure of either party to attend the two mandatory meetings, except for good cause, shall preclude further action on the complaint until the expiration of six months from the date of the return date of the complaint; provided, the court may order the termination of such stay, upon a Motion of either party for good cause shown.

Can We Attend More Than The Two Mandatory Meetings?

Yes. Further consultations may be held if both parties consent, or if the conciliator recommends additional consultations and either one of the parties agrees, the court may order additional consultations.

Are Conciliation Sessions Privileged?

Yes. All communications during these sessions are absolutely privileged, except the conciliator shall report to the court whether or not the parties attended the consultations.

Can A Divorce Action Be Withdrawn?

Yes. A Connecticut divorce action may be unilaterally withdrawn by the plaintiff, however, if a cross-complaint has been filed by the defendant, the divorce can proceed on the defendant’s cross-complaint.

At Broder Orland Murray & DeMattie LLC, with offices in Westport and Greenwich, we understand that going through a divorce can be a difficult process. We regularly work with and refer parties to therapists and mental health professionals in order to assist one or both parties with issues they may face during the proceedings. In the event, the divorce action does proceed, our skilled attorneys will be there to guide you through the process from start to finish.