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What Are The Grounds For Divorce and is Fault a Factor?

 

Do you know how to navigate the legal aspects of the divorce process? In Connecticut, knowing the most common grounds for divorce and how fault may impact the proceedings can provide clarity during this challenging time. 

In her latest video blog, Partner Carole Orland explains the key factors for divorce and how they can shape the outcome.

The Most Common Ground for Divorce in Connecticut

The primary ground for divorce in Connecticut is Irretrievable Breakdown, commonly referred to as No-Fault Divorce. This option eliminates the need for one spouse to prove wrongdoing by the other, and focuses solely on the reality that the marriage is beyond repair. This approach can help ease tensions and streamline the process.

How Is the Complaint Drafted?

A Complaint is the document that officially starts the divorce process. It’s simple and straightforward, including only basic information like the names of both spouses, whether there are any children, and the grounds for divorce. It does not provide detailed accounts of the marriage, the breakdown, or specific reasons for seeking the divorce.

Can Fault Be a Factor in a No-Fault Divorce?

Even in a No-Fault Divorce, fault may still influence certain outcomes. Courts can consider fault when dividing property, though it typically carries minimal weight unless the behavior in question is particularly extreme. While fault might not significantly affect the court’s decision, it can shape the tone and complexity of settlement negotiations.

What Are Some Fault Factors That May Affect the Outcome of the Divorce?

Fault factors, such as infidelity, substance abuse, physical abuse, or reckless spending on illicit activities, can become relevant during divorce proceedings. Although these issues may not dictate court rulings, they often play a role in negotiations and division of assets, particularly when the behaviors are substantial or egregious.

How Does Fault Affect Settlement Negotiations?

Fault can complicate settlement discussions, especially when deeply personal issues like infidelity are involved. It can make it harder for the parties to communicate amicably and reach a mutual agreement. However, with the right legal guidance, these challenges can be managed effectively. Skilled attorneys work to keep negotiations constructive, helping to lower the emotional temperature and achieve fair outcomes.

If you’re considering divorce, it’s highly advised that you seek experienced counsel. Contact us today to learn more about how we can assist you.

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