While ending your marriage may be difficult on an emotional level, there are steps you can take to simplify and streamline the process. One of the best ways to quickly dissolve your marriage and move on to the next phase in life is through an uncontested divorce. Of course, this approach is only an option if you and your ex-partner agree.
There are also specific qualifications for a New Haven uncontested divorce that are not present in every case. When you work with our compassionate uncontested divorce attorneys, we can answer your questions and ensure you qualify for this process.
The most basic qualification for any divorce under Connecticut law involves residency requirements. The courts only have jurisdiction to hear your case and dissolve your marriage if you or your ex-partner has sufficient connections to the state before filing the petition.
Either you or your ex-partner must have lived in the state for at least 12 months prior to filing the divorce petition. There are some exceptions to this requirement, including active military members who are stationed in Connecticut but do not have permanent residency. Proving that you are a resident of New Haven is one of the most important qualifications for an uncontested divorce.
When filing for an uncontested divorce in New Haven, one of the first steps is stating the grounds, or legal reason, for ending the marriage. The state allows both no-fault and at-fault grounds, which gives you different options depending on your goal.
Most uncontested divorces in Connecticut proceed under no-fault grounds. This option does not require either party to prove wrongdoing. Instead, the filing states that the marriage has experienced an irretrievable breakdown. In some cases, couples may also cite that they have lived apart for at least 18 months with no reasonable chance of reconciliation. Using no-fault grounds can simplify the process and reduce conflict, which is why it is a common choice in uncontested cases.
Connecticut also permits divorce on at-fault grounds, though this is less common in uncontested cases. At-fault grounds require evidence that one party’s conduct caused the breakdown of the marriage. Recognized grounds include adultery, cruelty, habitual intemperance, willful desertion for one year, fraudulent contract, and conviction of certain crimes leading to imprisonment. While at-fault grounds might impact court decisions about alimony or property distribution, they typically involve more complexity than no-fault filings.
One of the most important requirements for an uncontested divorce is to have all the major issues between the parties resolved. This process is only available to ex-partners who have reached a settlement and are not in conflict on any key points of the divorce decree.
This step is crucial because the court must resolve any disagreement between the partners. If either party needs to litigate any part of the divorce, an uncontested divorce is no longer an option. The key issues to address include the following:
An attorney in New Haven can answer your questions about how these factors impact uncontested divorce qualifications.
Ending a marriage is never easy, but it does not always have to be an agonizing, lengthy process. If you can reach an agreement with your ex-partner on the important issues, you could qualify for an uncontested divorce. Reach out right away with your questions about qualifications for a New Haven uncontested divorce. Contact us today.
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