When spouses call it quits, it is common for some to delay the divorce petition and live apart and separately first. There could be several reasons why spouses haven’t gotten around to filing for divorce as soon as the relationship comes to an end, such as an emergency, lack of funds or simply to try the arrangement.
But when separated spouses finally decide to initiate the divorce, the separation does have an effect on the divorce proceedings.
Separation serves as a legal ground for divorce
In Connecticut, spouses can file for a no-fault divorce if they have lived apart for at least a year and a half due to irreconcilable differences. However, the court does not require separation before spouses can petition for the marriage’s dissolution. The separation merely shows the court that there is justification for the divorce.
Those who have been separated for less than 18 months can still file for divorce as long as parties can show that there is no longer a chance for spouses to reconcile due to their incompatibility.
These rules apply to both contested and uncontested divorces.
Are properties acquired during the separation considered marital?
Suppose each of the spouses acquires properties during their separation period. Does this form part of the marital property and, subsequently, the property division? Technically, the properties are marital. Nevertheless, the court may let the acquiring spouse keep the asset if it deems it fair, being a state that follows equitable distribution of marital property.
At the end of the day, the specific circumstances of the case will determine how the court will deal with properties acquired during separation but before the divorce.
Between dealing with the breakdown of the marriage and complex legal processes, divorce can definitely be overwhelming for parties. Nevertheless, divorce is not always doom and gloom. As long as the parties understand their rights and have competent representation, they will see the light at the end of the tunnel.
