Grounds for Divorce in Connecticut: No-Fault vs. Fault-Based (C.G.S. 46b-40)

Starting the divorce process in Connecticut brings a wave of questions, and one of the very first is foundational: on what legal basis can you end your marriage? The answer lies in a crucial piece of state law, Connecticut General Statutes (C.G.S.) § 46b-40, which outlines the official "causes" or "grounds" for a dissolution of marriage.

While the vast majority of Connecticut divorces proceed on a "no-fault" basis, understanding the full spectrum of legal grounds—including those based on fault like adultery or intolerable cruelty—is essential. Alleging fault can, in specific circumstances, have a significant strategic impact on the financial outcomes of your case, particularly concerning alimony and the division of property.

This comprehensive guide will demystify the grounds for divorce in Connecticut. We will explore:

The difference between no-fault and fault-based divorce.
A detailed breakdown of the most common no-fault ground: "irretrievable breakdown."
An in-depth analysis of the ten specific fault-based grounds recognized by Connecticut law.
The critical question: When does alleging fault actually matter for your financial settlement?
How these same grounds apply to legal separation.
Common mistakes to avoid when deciding which path to take.

By the end of this article, you will have a clear understanding of this fundamental legal concept, empowering you to make informed strategic decisions as you begin your divorce journey.

The Foundation of Connecticut Divorce: Understanding C.G.S. § 46b-40

In Connecticut, you cannot simply state that you want a divorce; you must provide the court with a legally recognized reason. C.G.S. § 46b-40 is the statute that provides these reasons. It establishes two primary categories for dissolving a marriage or granting a legal separation:

No-Fault Grounds: This path does not require you to prove that your spouse did anything wrong to cause the marriage to end.
Fault-Based Grounds: This path requires you to allege and prove that your spouse's specific misconduct is the reason for the divorce.

It's important to know that you only need to establish one of these grounds to proceed. The court will grant the divorce as long as at least one party can prove that a legally sufficient reason exists.

The Standard Path: No-Fault Divorce in Connecticut

The most common, straightforward, and least contentious way to end a marriage in Connecticut is through a no-fault divorce. This approach allows couples to dissolve their union without a public battle over who is to blame for the breakdown.

What is an "Irretrievable Breakdown"? (C.G.S. § 46b-40(c)(1))

The primary no-fault ground in Connecticut is the "irretrievable breakdown" of the marriage. This legal term simply means that the marriage is broken beyond any reasonable hope of repair or reconciliation.

When you file for divorce on this basis, you are not required to provide specific details or evidence of wrongdoing. You are essentially telling the court that, for whatever reason, the marital relationship has ceased to function and cannot be saved. The court does not need to know who left whom, who had an affair, or who started the arguments. The simple, sworn statement from one or both parties that the marriage has irretrievably broken down is typically sufficient for the court to grant the divorce.

Why is No-Fault Divorce So Common?

Over 95% of divorces in Connecticut are filed on the grounds of irretrievable breakdown. There are several compelling reasons for its popularity:

Privacy: It prevents the need to air personal and often painful details about the marriage—the "dirty laundry"—in public court filings and testimony. This protects the dignity of both parties.
Reduced Conflict: By removing blame from the legal equation, the no-fault approach can significantly lower the emotional temperature of the divorce. It allows spouses to focus on resolving practical issues rather than fighting about the past.
Simplicity and Cost-Effectiveness: Proving an irretrievable breakdown is simple. It doesn't require gathering evidence, hiring private investigators, or calling witnesses to testify about misconduct. This makes the process faster, less complicated, and ultimately less expensive.
Focus on the Future: A no-fault divorce encourages parties to concentrate on the most important tasks: creating a parenting plan for their children and reaching a fair agreement on property division and financial support.

While the process of filing forms and navigating the court system is detailed in our main guide on [How to Get Divorced in CT], choosing "irretrievable breakdown" as your grounds is the first step toward a more streamlined and less adversarial process.

When Blame Matters: A Deep Dive into Fault-Based Divorce Grounds in CT

While no-fault is the standard, C.G.S. § 46b-40 provides ten specific fault-based grounds for divorce. Choosing to file a fault divorce in CT is a significant strategic decision. It means you are formally accusing your spouse of misconduct and must be prepared to prove your allegations with credible evidence.

This path is more complex, often more expensive, and can be emotionally draining. However, in certain situations, it can provide critical leverage in financial negotiations. Let's examine each of the fault grounds in detail.

1. Adultery (C.G.S. § 46b-40(c)(4))

This is the most commonly alleged fault ground. For an adultery divorce in Connecticut, you must prove that your spouse engaged in voluntary sexual intercourse with a person outside of the marriage.

What is required? Direct proof of the act itself (like a video or eyewitness testimony) is extremely rare and not required. Instead, courts accept circumstantial evidence. This might include text messages, emails, photographs, hotel receipts, or testimony from a private investigator showing that your spouse had both the "opportunity" and the "inclination" to commit adultery.
Strategic Relevance: The mere fact of an affair is often not enough to sway a judge. However, if you can prove that your spouse spent significant marital funds on the affair (e.g., buying expensive gifts, paying for vacations, or supporting their affair partner), this is known as "dissipation of assets." A judge may award the non-offending spouse a larger share of the marital property or a more favorable alimony order to compensate for this financial misconduct.

2. Intolerable Cruelty (C.G.S. § 46b-40(c)(3))

This ground requires proving a pattern of behavior that was so severe it made continuing the marriage unbearable and endangered your physical or mental health.

What is required? This is a high standard to meet. It’s more than just frequent arguments or unhappiness. Intolerable cruelty involves a sustained course of conduct that is willful and malicious. Examples can include:
- Physical violence or abuse.
- A consistent pattern of verbal abuse, humiliation, and degradation.
- Threats of harm to you or your children.
- Behavior that causes demonstrable emotional or psychological harm, often corroborated by medical records or a therapist's testimony.
Strategic Relevance: If the cruelty was so egregious that it directly impacted your ability to work and support yourself, a judge may consider this when determining the amount and duration of alimony.

3. Willful Desertion (C.G.S. § 46b-40(c)(2))

To prove desertion, you must show three things:

Your spouse willfully and intentionally left the marital home.
The abandonment has continued uninterrupted for at least one year.
Your spouse left with the intent to end the marriage and not return.

This ground is rarely used today. The one-year waiting period is a significant drawback; most people prefer to file immediately for a no-fault divorce rather than wait a full year to begin the process.

4. Fraudulent Contract (C.G.S. § 46b-40(c)(5))

This ground alleges that you were induced to enter the marriage based on a deliberate lie or misrepresentation by your spouse about something essential to the marital contract.

What is required? The lie must be about a "deal-breaker" issue, not a minor falsehood. Examples include:
- Concealing an inability or unwillingness to have children.
- Hiding a prior criminal record for a serious offense.
- Misrepresenting one's religious beliefs when it was a core component of the decision to marry.
- Concealing a serious, transmissible disease.
Note: This is different from an annulment, which declares the marriage void from the beginning. A divorce on the grounds of fraudulent contract ends a legally valid marriage.

5. Habitual Intemperance (C.G.S. § 46b-40(c)(6))

This requires proving that your spouse has a chronic and excessive addiction to alcohol or drugs. A few instances of drunkenness are not enough. You must demonstrate a fixed and continuous habit of intoxication that makes the marital relationship untenable. Evidence could include medical records, DUI convictions, or testimony from witnesses.

Other, Less Common Fault Grounds

The remaining CGS 46b-40 causes are highly specific and rarely used in modern practice, but they remain part of the law:

Willful Neglect of Duty (C.G.S. § 46b-40(c)(7)): Proving a spouse has failed to provide basic financial support or fulfill essential marital duties. This is often addressed more directly through alimony and support orders.
Seven Years' Absence (C.G.S. § 46b-40(c)(8)): When a spouse has been missing for seven years and is presumed dead.
Imprisonment (C.G.S. § 46b-40(c)(9)): If your spouse has been sentenced to life imprisonment or convicted of a crime involving a violation of "conjugal duty" and sentenced to prison for more than one year.
Confinement for Incurable Mental Illness (C.G.S. § 46b-40(c)(10)): This requires proof that your spouse has been confined to a hospital or institution for mental illness for at least five of the six years preceding the divorce filing.

The Million-Dollar Question: Does Alleging Fault Actually Matter?

This is the most critical strategic question for anyone considering a fault-based divorce. While proving fault can feel like a moral victory, the court's primary focus is on a fair and equitable financial resolution, not on punishing a "guilty" spouse.

The Legal Standard: How Fault Impacts Financial Orders

Under Connecticut law, the "causes for the dissolution of the marriage" is just one of many factors a judge must consider when making decisions about property division and alimony.

Property Division (C.G.S. § 46b-81): The statute lists factors like the length of the marriage, age, health, station, occupation, income, earning capacity, and liabilities of each party. The "causes for the dissolution" is on the list, but it's not weighted more heavily than the others.
Alimony (C.G.S. § 46b-82): This statute has a nearly identical list of factors that a judge considers when deciding whether to award alimony, for how long, and in what amount.

This means that a judge will not automatically "punish" a cheating spouse by giving the other spouse 80% of the assets. The court's goal is equity, and fault is just one piece of that complex puzzle.

When Fault Might Make a Difference: Strategic Scenarios

Despite this, there are specific situations where alleging and proving fault can be a powerful strategic tool.

Scenario 1: Financial Misconduct (The Strongest Case) This is where fault has the most direct impact. If you can prove your spouse's misconduct involved the wasting or "dissipation" of marital assets, a judge is very likely to adjust the financial awards to compensate you.

Example: Your spouse had a long-term affair and spent $75,000 of marital savings on gifts, vacations, and rent for their affair partner. By filing on the grounds of adultery and providing evidence of these expenditures (bank statements, credit card bills), you can ask the court to award you an additional $75,000 from the remaining marital assets to "make you whole." In this case, the fault (adultery) is directly linked to a financial loss for the marriage.

Scenario 2: Egregious Conduct Affecting Earning Capacity If the fault-based behavior was so extreme that it directly harmed the other spouse's health or ability to earn a living, a judge may take notice.

Example: A spouse endured years of intolerable cruelty (e.g., severe emotional abuse) that led to a diagnosis of PTSD, making it impossible for them to continue their high-stress career. In this case, the court might award a higher amount or longer duration of alimony, recognizing that the at-fault spouse's actions directly diminished the other's earning capacity.

Scenario 3: Gaining Leverage in Negotiations Sometimes, the threat of a fault-based divorce is a tool in itself. The prospect of having personal misconduct detailed in public court records can be a powerful motivator for a spouse to offer a more favorable settlement in private negotiations to avoid public embarrassment. This can be particularly effective for individuals who are public figures, business owners, or concerned about their reputation.

When Fault Likely Won't Matter

It's equally important to understand when pursuing fault is unlikely to yield a better result:

A Brief Affair with No Financial Impact: If an affair was short-lived and no significant marital funds were spent, a judge is unlikely to alter the financial outcome.
Mutual Bad Behavior: If both parties engaged in misconduct, alleging fault can backfire, leading to a "he said, she said" battle where the judge ultimately disregards both claims and focuses on the financial facts.
When Other Factors Dominate: In a long-term marriage where one spouse was the primary breadwinner and the other was a stay-at-home parent, the vast disparity in income and earning capacity will be a far more influential factor in the alimony and property division awards than any marital misconduct.

Grounds for Legal Separation in CT

The keyword grounds for legal separation ct is important because the law is identical to that for divorce. C.G.S. § 46b-40 explicitly states that a legal separation can be granted for any of the same no-fault or fault-based causes as a dissolution of marriage.

A legal separation allows a couple to live apart and have the court issue orders regarding custody, child support, alimony, and property division, just as in a divorce. However, the parties remain legally married. They cannot remarry, but they may be able to retain certain benefits, such as staying on a spouse's health insurance plan (policy permitting). The grounds you would allege are exactly the same: irretrievable breakdown is the most common, but any of the ten fault grounds can also be used.

Common Mistakes and Misconceptions to Avoid

Believing Fault Guarantees a Windfall: The biggest misconception is that proving your spouse was "at fault" will automatically result in a much larger share of the assets. As explained, it is only one factor among many and is most potent when tied to financial harm.
Underestimating the Cost and Stress: A fault divorce is a contested legal battle. It requires discovery, depositions, and potentially a full trial, all of which significantly increase legal fees and emotional strain on you and your family.
Pursuing Fault for Emotional Revenge: Using the court system to punish your spouse or "have your day in court" is often a frustrating and expensive exercise. Judges are focused on applying the law to the facts, not on validating your feelings of betrayal or anger.
Forgetting the Impact on Children: A high-conflict fault divorce can be incredibly damaging to children, who are often caught in the crossfire. A lower-conflict, no-fault divorce is almost always in the children's best interests.

Summary: Making the Right Strategic Choice for Your Divorce

Choosing the grounds for your divorce is the first of many important decisions you will make. While the vast majority of couples in Connecticut wisely opt for the simpler, more private, and less contentious path of a no-fault divorce based on irretrievable breakdown, the ten fault-based grounds remain a part of our state's law for a reason.

Key Takeaways:

No-Fault is the Norm: "Irretrievable breakdown" is the standard ground for divorce in CT, focusing on future solutions rather than past blame.
Fault Requires Proof: Alleging fault, such as in an adultery divorce in Connecticut, requires you to present credible evidence to the court.
Strategy is Key: The primary strategic reason to allege fault is to address significant financial misconduct (dissipation of assets) or, in rare cases, egregious behavior that has impacted a spouse's health and earning capacity.
Consult an Expert: The decision to pursue a fault-based divorce should never be made lightly or based on emotion. It is a complex legal calculation that requires a thorough analysis of the potential benefits versus the definite costs and risks.

Understanding these legal foundations is a critical first step. Your next step is to apply this knowledge to the unique facts of your situation.

Navigate Your Connecticut Divorce with Confidence

Understanding the law is one thing; navigating the divorce process is another. Untangle provides the tools, resources, and support you need to manage your Connecticut divorce with clarity and control. From organizing your documents to creating a comprehensive settlement agreement, we are here to help you move forward. Explore how Untangle can simplify your journey today.