Dear Attorney Baron
I have endured a difficult marriage. My husband often does not come home at night. I think my husband may be cheating on me with someone at his work. I want to divorce him but I do not have 100% proof that he has been unfaithful. He has already told me that he will never sign any divorce papers. Am I stuck?
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Broken Hearted
Dear Broken Hearted:
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I am sorry to hear about the troubles in your marriage. I can imagine this has been a difficult decision to make. To answer your question: no, you are not stuck. Connecticut courts allow you the option to file for a "no fault" divorce. Basically, you do not have to provide proof whose fault brought the end of the marriage.
It is enough to say that the marriage has broken down and cannot be salvaged. You do not need to prove your husband has been cheating on you. If you want a divorce, the court will grant it as long as you meet some requirements. (For example, you or your spouse must have lived in the State for at least 12 months).
If your husband refuses to sign the papers, there are a few things the lawyer can do to prove that he has been made aware that divorce papers have been filed. It is not a problem if he does not show up in court. As long as he was properly given notice, the judge can still grant the divorce. Remember, there is a 90-day waiting period before the court can grant a dissolution of your marriage. During this waiting period, you can petition the court for various things including exclusive use of your home, temporary alimony or child support. I wish you all the best and thank you for your letter. I also remind you that each case is different. You may want to consider consulting with an attorney regarding issues like alimony, property disbursement and parenting plans. I wish you the best of luck.
The preceding post was provided for informational purposes only. Always consult with an attorney before proceeding. Attorney Adrian Baron is a partner in the Connecticut law office of Podorowsky Thompson & Baron. For more information, please visit him on the web at www.ptblegal.com
