If you’re considering separating from or divorcing your spouse, you should know what Connecticut family law allows. It’s wise to be aware of your legal rights and responsibilities before taking action. Here’s some information you should know before pursuing either option.

Legal Separation & Divorce Under Connecticut Family Law

Legally Separated Couples Are Still Married 

In Connecticut, courts grant legal separations to married couples under the same grounds as granting divorces. However, under a legal separation, you and your spouse are still married despite living apart.

Connecticut family law permits separations and divorces for two no-fault grounds. You can show either that your marriage is irretrievably broken or that you and your spouse have lived apart continuously for 18 months and there’s no reasonable prospect that you will reconcile. Other grounds require proving a spouse's fault, such as adultery, intolerable cruelty, or habitual intemperance.

Division of Property & Child Custody

To obtain a decree of legal separation or divorce, you and your spouse need to resolve the division of marital property and debts. Courts divide property by applying an equitable distribution scheme, which means assets and debts aren’t divided on a 50-50 basis automatically. If you have children, issues of child custody and support must be decided. 

Divorce Ends a Marriage Legally

The main difference between a legal separation and a divorce is that a court’s grant of divorce legally ends the marriage. Both spouses return to their single status and are free to marry again. Some couples obtain legal separations and never file for divorce. Spouses have various reasons for maintaining such a lifestyle, including religious beliefs, cultural traditions, insurance coverage, government benefits, and tax consequences.

Consulting a family law attorney may help you determine whether to file for a legal separation or a divorce. The divorce lawyers at D’Agosto & Howe LLC in Bridgeport, CT, provide wise counsel to spouses living throughout Fairfield County. Attorneys Nicholas A. D'Agosto and Steven G. Howe offer more than 40 years of experience in separation and divorce law. These attorneys pledge that clients speak to a lawyer when they call, rather than a paralegal. Call (203) 712-0210 today to request an appointment or learn more about their practice areas online.