An analysis of social statistics and vital parameters leads to the conclusion that Connecticut society is certainly in the pink of health. In 1994, Connecticut had the second lowest divorce rate in the US, which was 2.4/1000 population. Though being the fourth most densely populated state, the divorce rate in Connecticut always stayed much below the national average. The divorce rate stood at 3.2/1000 population in 1990 and maintained itself at the same level in 2001. Then followed a downward trend, with divorce rate being 3.1/1000 in 2004. Several factors are responsible for this. Connecticut is the richest state in America with the highest per capita income. Being home to the prestigious Yale University, the quality of education in Connecticut is also very high. It is a known fact that the couples with high standards of living and a better education face less interpersonal tensions and are less likely to divorce. Compared to other states, Connecticut has a very low rate of Out-of-Wedlock births. The rate of cohabitation in Connecticut is also very low. Teen Birth Rate in Connecticut is amongst the lowest, being 8.3% in 1998. Thus the divorce statistics regarding Connecticut tend to be very reliable. Connecticut has a high joint custody rate of 35.8/36.4, a factor considered to be very important in reducing the divorce rate. As per a 2001 survey, Roman Catholics constitute 32% of the state’s population, a community known for having low divorce rates.
A suit for dissolution of marriage can be filed by either of the spouses at any time, once he or she has established residence in Connecticut. For initiating a divorce procedure, either of the spouses must be a resident of Connecticut for at least one year just before the filing of the complaint or just prior to the date of the decree, or one of the spouses had been a resident of Connecticut at the time of marriage and returned to the state with the aim of permanently settling there before the complaint is filed, or the cause for the divorce arose after either of the spouses moved into the state. A complaint for dissolution is filed in the Superior Court of the District in which one of the spouses resides. (Connecticut General Statutes: Title 46b- Chapters 44 and 45) The party who files the compliant is called the Plaintiff. The spouse on whom the complaint is served is called the Defendant. In case a spouse is an inpatient of a mental institution in the state, a copy of the complaint is also served on the Commissioner of Administrative Services.
Connecticut has both the fault- and no-fault-based grounds for divorce which are as follows:
(1) irretrievable breakdown of marriage; (2) marital incompatibility with no cohabitation for at least 18 months; (3) adultery; (4) fraudulent contract; (5) desertion and neglect of marital duties; (6) prolonged absence of a spouse; (7) addiction; (8) cruelty; (9) involvement of a spouse in a crime or in case of imprisonment; (10) prolonged and severe mental illness of a spouse (Connecticut General Statutes: Title 46b- Chapter 40)
As regards the division of property pursuant to a divorce decree, Connecticut is an equitable distribution state. All the marital property is divided equitably amongst the two parties, as deemed just and fair by the court, in case of any disagreement. While doing so, the court weighs various factors such as the age and health of the spouses, financial status, employability, contribution of both the parties, etc. (Connecticut General Statutes: Title 46b- Chapter 81).
The court has the power to assign alimony to a spouse. While deciding, the court listens to the witnesses of the two parties and deliberates over various factors such as the causes for the divorce, age and health of the two parties, assets and liabilities, employability, child custody decision, etc. The court may order a spouse to hold life insurance for the other spouse. The alimony granted to a spouse is modifiable in the future, depending upon the change in circumstances of one or other of the two parties.
The Connecticut Law holds the joint custody to be in the best interest of the child. A court favors a joint custody in the situation of an agreement between the two parents. In case of a disagreement, the parents are required to file a Parental Responsibility Plan with the court, demarcating the responsibilities and liabilities of each parent. In exceptional cases, the custody may be granted to a third party also. After a serious contemplation, the court may grant a visitation right to any person in case of a minor child. The court may order the parents to participate in a Parenting Education Program designed by the Judicial Department.
The child support is calculated in accordance with the Child Support Guidelines that follow an Income Shares Model. The needs of the child and financial status of the parents are given a due consideration, while doing so.
James Walsh is a freelance writer and copy editor. If you want to find out more about a solicitor managed <a href="http://www.managed-divorce.co.uk">divorce</a> see http://www.managed-divorce.co.uk
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