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Section 46b-40 – (Formerly Sec. 46-32). Grounds for dissolution of marriage; legal separation; annulment

May 15, 2021 | Connecticut, Family Law

(a) A marriage is dissolved only by (1) the death of one of the parties or (2) a decree of annulment or dissolution of the marriage by a court of competent jurisdiction.
(b) An annulment shall be granted if the marriage is void or voidable under the laws of this state or of the state in which the marriage was performed.
(c) A decree of dissolution of a marriage or a decree of legal separation shall be granted upon a finding that one of the following causes has occurred:

(1) The marriage has broken down irretrievably;
(2) the parties have lived apart by reason of incompatibility for a continuous period of at least the eighteen months immediately prior to the service of the complaint and that there is no reasonable prospect that they will be reconciled;
(3) adultery;
(4) fraudulent contract;
(5) wilful desertion for one year with total neglect of duty;
(6) seven years’ absence, during all of which period the absent party has not been heard from;
(7) habitual intemperance;
(8) intolerable cruelty;
(9) sentence to imprisonment for life or the commission of any infamous crime involving a violation of conjugal duty and punishable by imprisonment for a period in excess of one year;
(10) legal confinement in a hospital or hospitals or other similar institution or institutions, because of mental illness, for at least an accumulated period totaling five years within the period of six years next preceding the date of the complaint.
(d) In an action for dissolution of a marriage or a legal separation on the ground of habitual intemperance, it shall be sufficient if the cause of action is proved to have existed until the time of the separation of the parties.
(e) In an action for dissolution of a marriage or a legal separation on the ground of wilful desertion for one year, with total neglect of duty, the furnishing of financial support shall not disprove total neglect of duty, in the absence of other evidence.
(f) For purposes of this section, “adultery” means voluntary sexual intercourse between a married person and a person other than such person’s spouse.

Conn. Gen. Stat. ยง 46b-40

(P.A. 73-373, S. 1; P.A. 74-169, S. 1, 18; P.A. 78-230, S. 18, 54; P.A. 91-19, S. 1.)

Annotations to former section 46-32: Cited. 183 C. 433. Standard for marriage dissolution of “irretrievable breakdown” is not unconstitutional as a denial of due process since language is reasonably precise and not vague, uncertain or indefinite. 35 CS 123. Annotations to present section: Constitutional even without judicial guidelines to limit discretionary fact-finding of trial courts as to irretrievable breakdown. 178 C. 254. Cited. 184 C. 307; 190 C. 269; Id., 657; 194 C. 312; 224 C. 749. Cited. 13 CA 282; 15 CA 96; 25 CA 210; 35 CA 581. Cited. 44 CS 431. Subsec. (c): Cited. 179 C. 568. Irretrievable breakdown not unconstitutionally vague within strictures of due process. 181 Conn. 225. Cited. 183 C. 512; 184 C. 558; 185 C. 156. Cited. 4 CA 611; 13 CA 632. Trial court rejected defendant’s claim that statute infringed on his religious beliefs because statute permitted plaintiff to obtain a divorce against his wishes; statute is a valid and neutral law of general applicability. 82 CA 41.

See Sec. 46b-48 re dissolution of marriage or annulment upon conviction of crime against chastity.