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Section 46b-44 – (Formerly Sec. 46-35). Residency requirement

May 15, 2021 | Connecticut, Family Law

(a) A complaint for dissolution of a marriage or for legal separation may be filed at any time after either party has established residence in this state.
(b) Temporary relief pursuant to the complaint may be granted in accordance with sections 46b-56 and 46b-83 at any time after either party has established residence in this state.
(c) A decree dissolving a marriage or granting a legal separation may be entered if:

(1) One of the parties to the marriage has been a resident of this state for at least the twelve months next preceding the date of the filing of the complaint or next preceding the date of the decree; or
(2) one of the parties was domiciled in this state at the time of the marriage and returned to this state with the intention of permanently remaining before the filing of the complaint; or
(3) the cause for the dissolution of the marriage arose after either party moved into this state.
(d) For the purposes of this section, any person who has served or is serving with the armed forces, as defined in section 27-103, or the merchant marine, and who was a resident of this state at the time of his or her entry shall be deemed to have continuously resided in this state during the time he or she has served or is serving with the armed forces or merchant marine.

Conn. Gen. Stat. ยง 46b-44

(P.A. 73-373, S. 3; P.A. 74-169, S. 2, 18; P.A. 78-230, S. 20, 54; May Sp. Sess. P.A. 92-11, S. 36, 70; P.A. 18-72, S. 12.)

Amended by P.A. 18-0072, S. 12 of the Connecticut Acts of the 2018 Regular Session, eff. 10/1/2018.

Annotations to former section 46-35: Jurisdiction for legal separation and divorce, under former Secs. 46-15 and 46-29, interrelationship of sections. 166 C. 476. Under section, a showing of residence by one party is, without showing of domicile, sufficient to establish jurisdiction for purposes of granting alimony or support pendente lite. 171 C. 433. Cited. 4 CA 581. Annotations to present section: Cited. 208 C. 329; 226 C. 1. Cited. 3 CA 679; 4 Conn.App. 581; 10 CA 566; 13 Conn.App. 632; 27 CA 142; 41 CA 382. Cited. 41 CS 258. Subsec. (a): Residency requirement is met where complaint for dissolution is filed while plaintiff is a resident of the state. 133 CA 250. Subsec. (c): Connecticut has subject matter jurisdiction over dissolution action brought by nonresident against Indian tribe member residing on a reservation in Connecticut. 243 C. 255. Cited. 22 CA 410; 33 CA 214. Plaintiff deemed to be domiciled in the state for the 12 months before filing the complaint where plaintiff had been continuously residing in the state for 7 years before filing the complaint and, at the time the complaint was filed, had the intent to remain in the state for at least 12 months, despite the fact that plaintiff was temporarily living in Sweden at the time she filed a motion to restore the case, which was previously withdrawn, to the regular docket. 133 Conn.App. 250.