In Connecticut, you can file for divorce if your marriage is already broken with no chances of reconciliation. This is a no-fault divorce and the judge will not require you to prove fault for them to hear your case.
However, you also have the option to file for a fault divorce and inform the court of your partner’s marital misconduct, which it can consider in some aspects of the divorce.
The effect on property division and alimony
Connecticut courts typically use a guideline to determine how they will divide property in a divorce. Nonetheless, judges can consider factors outside of it as long as they are relevant to the case. The same goes for awarding spousal support.
Accordingly, one spouse’s marital misconduct can influence the judge to award a higher percentage of the marital assets or a larger amount of alimony to the victim spouse to compensate them for their partner’s misconduct.
Note that Connecticut is an equitable property division state, which means that its courts divide assets fairly and equitably. If awarding a larger portion of the marital assets to the victim spouse is what is fair and equitable, given the circumstances, then the courts will likely stick with their decision.
Allegations are insufficient
While the state allows courts to consider marital misconduct when deciding these aspects of divorce, they will only do so if there is clear and sufficient evidence of the guilty spouse’s wrongdoing.
Therefore, gathering evidence and developing an effective strategy are crucial in situations like this. It can be overwhelming, but with proper guidance, you can act accordingly and protect your rights.