The plaintiff, husband, and defendant, wife, were married in Chicago, Illinois in August 1993. In 2010, the husband filed for dissolution of the marriage, citing irretrievable breakdown. The wife filed a cross-complaint for dissolution on the game ground, noting her husband’s extramarital affair, domestic violence, and use of marijuana. Because the husband lived in Connecticut for at least a year prior to the filing, the court had jurisdiction to adjudicate the matter.
The trial court found that the husband’s extramarital affair was the single largest source of conflict with his wife and the immediate cause of the marriage breaking down, though the criteria of fault was given minimal weight. Regardless, the trial court awarded alimony based upon these causes, which the husband contended.
Connecticut: Dissolution of Marriage
In Connecticut, a person may seek dissolution of marriage based on “no fault” grounds, namely that the marriage has irretrievably broken down. Courts enjoy broad discretion when assigning property or awarding alimony, though they must consider each factor in General Statutes §§ 46b-81 and 46b-82, respectively, including causes for the annulment, dissolution of marriage, or legal separation. Courts have authority to accord more weight to fault than any other factor and need not give equal weight to every factor. Notably, litigants and courts alike use the phrases “causes for the dissolution” and “fault” interchangeably.
In this case, the court found that the husband’s behavior caused the dissolution of the marriage. It held that courts have authority to award a specific dollar amount in dividing the marital property based solely on the consideration of fault, and doing so in this case was proper.
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