Know Your Rights
Divorce
How can I get a divorce?
In Connecticut there are three ways to get a divorce. You can:
- Hire an attorney
- Do the process pro se (represent yourself)
- Start the process pro se and then hire an attorney Pro se generally works best if the parties agree on most of the issues around the children, the finances and the property. You must file an action in court and can get a “Do It Yourself Divorce” guide packet also known as “Dissolution of Marriage” from the Court Service Center or online at www.jud.state.ct.us. The divorce process can take from 6 months or more depending on what is involved.
What is the cost of the divorce?
The cost of the divorce will vary greatly depending on the circumstances and whether or not you hire an attorney. There are, however, a few fees that everyone must pay. The cost to file for divorce is $360. If you have children from the marriage then you will need to take a parenting class, which costs $150 per parent. This class is state mandated. In order to serve the other person with divorce papers you must hire a state marshal. This fee is between $50-$75. If you do not know where your spouse is located, there will be an additional fee of approximately $350 to publish a Legal Notice.
What if I cannot afford the fees?
If you think you cannot afford the court fees, you can file a fee waiver application with the court. The form you will need is the Application for Waiver of Fees/Appointment of Counsel JD-FM-75, which can be found online here or at the Court Service Center. This document is a financial affidavit the court uses to determine your ability to pay the fees. Therefore, you want to make sure you list all of your monthly expenses in addition to your income. If the court finds that you qualify for the waiver, you will not have to pay the fees.
Does Connecticut have common law marriage?
No. Even if you have lived with the same person for a number of years, Connecticut does not consider you married. However, if you have children together, you can ask the court to establish custody, support and visitation orders. If you have property together, you may want to consult a lawyer to help assist with the division of property.
What if my spouse does not want a divorce?
Only one person has to claim that the marriage has irretrievably broken down. The only person who can stop the divorce process is the person who started the divorce process.
Initial steps for filing for divorce:
- Retrieve the required forms from a Court Service Center or online here. You will need:
- Summons Family Action JD-FM-3
- Divorce Complaint/Cross Complaint JD-FM-159
- Notice of Automatic Court Orders JD-FM-158
- Fill out the required forms and bring them to the court clerk at the Court Service Center to be filed. The court clerk will return the original divorce forms to you and give you a return date.
- Find a court marshal (lists available at the Court Service Centers) to serve your spouse with the papers. You should give the marshal the original divorce forms along with a copy.
- After the marshal serves the papers, he/she will give you a Return of Service document that must be filed with the court clerk. Check with the marshal to see if he/she filed the original divorce forms with the court, if not, you should file them along with the Return of Service. Both the Return of Service and the original divorce forms must be filed at least six days before the assigned Return Date.
Annulment
Annulments are rare in Connecticut. An annulment is legal recognition that the marriage is void (not valid). In order to get a legal annulment, a person must prove that the marriage is illegal or “void or voidable under the laws of this state or of the state in which the marriage was performed.” For example:
∙ if the person who performed the marriage is not legally allowed to perform a marriage;
∙ if the person was still married to someone else when the second marriage took place; ∙ if the person was underage (15 years or younger – unless a parent agreed to the marriage); or the couple did not consummate the marriage.
Custody
How do I establish custody?
If you are getting a divorce and have children from the marriage, you can ask the court to establish orders of custody. If you have never been married and have child(ren) together, you can ask the court to establish orders of custody and visitation by filing a motion in court, the necessary steps and forms can be found online here. There are three types of custody:
Custody residency requirements: In order to establish custody orders in Connecticut, the child has to have lived here at least 6 months right before the custody case. There is an exception if there is an emergency because the child has been subjected to or threatened with mistreatment, abuse or neglect.
Joint legal custody, which usually means parents share in decision-making. Many variations/combinations are possible.
Joint physical custody, which usually means the child(ren) live some of the time with one parent and some of the time with the other parent. Many variations/combinations are possible.
Sole custody, which usually means the child(ren) have primary residence with one parent and that parent has the right to make all the decisions about the child(ren).
Child Support
How do I establish child support?
As soon as one parent is no longer living with the child(ren) an order can be established. If you are going through a divorce process, you will need to file a motion for temporary child support. A permanent child support order will be put into effect once the divorce is final. If you are separated and have not filed for a divorce, you can call the Bureau of Child Support Enforcement, Information and Problem-solving Resolution Unit at 1-800-228-5437. They will ask for all your financial information and your ex-partner’s information, and will establish a child support order. There is a $25 charge for this service.
What documents do I need to establish a child support order? How does the court determine how much child support needs to be paid?
You will need to collect financial information from both parents. This includes wages and other income as well as debts and expenses. The court uses statewide guidelines to make fair and consistent support orders. Copies of the guidelines are available to the public free of charge at court clerks’ offices throughout the state, or online at www.jud.state.ct.us/pub.htm.
Can I get child support even if we were never married?
Yes. You can have a child support order established through the Bureau of Child Support Enforcement by calling their Information and Problem-solving Resolution Unit at 1-800-228-5437. They will ask you for all your financial information and your ex-partner’s information, and will establish a child support order. There is a $25 charge for this service.
Can a child support order ever be modified?
Yes, child support orders can be modified if:
- the financial situation of one or both parents changes,
- the support order is no longer adequate to meet the needs of the child,
- the support order did not include medical insurance,
- the circumstances of either parent or the child have changed substantially.
How do I get a modification?
You can do one of two things. You can 1) ask for a review and adjustment from the Support Enforcement Services, or 2) file a motion for modification of child support with the court. Requests for review and adjustment of your case should be made in writing to your support enforcement officer and should state the reason(s) you believe the order should be changed. The state has 180 days from your request to complete the review of your order and present the modification request to the court.
If you decide to file a motion to modify child support, you will need to have a Marshal serve the paper work. You will have a court date within 30 days. The motion costs roughly $180 and the Marshal fee is between $50-$75.
Limited scope legal representation links
https://jud.ct.gov/faq3/limited_scope_rep.htm.
https://ctlawhelp.org/en/self-help/534 (great self-help website with documents and videos)
https://jud.ct.gov/divorce.htm (information from the Judicial Branch)
https://ctlawhelp.org/en/self-help
Link to booklets on our website: https://cwealf.org/what-we-do/legal-education/representing-yourself/
Domestic Violence
YOU SHOULD KNOW:
-it is illegal for someone to physically assault, stalk or threaten you even if that person is a member of your family or household, or is someone you have dated https://www.ctcadv.org/information-about-domestic-violence/ct-domestic-violence-laws/
–You can ask the family court for a restraining order whether you have a criminal protective order or not. A restraining order can last longer than a criminal protective order, and it can also protect other members of your family.
https://ctlawhelp.org/en/restraining-protective-order
-When applying for a TRO (Temporary Restraining Order) Orders of Maintenance can protect and provide for you and your minor child including that specific belongings or documents be given to you, financial support is provided, and stipulate the abuser cannot shut off, change, cancel, accounts or sell or hide property you own or lease.
https://ctlawhelp.org/en/restraining-protective-order
-you may be able to get an early lease termination, up to 12 days leave from employment and hide your address if you are a victim of domestic violence
https://www.ctcadv.org/information-about-domestic-violence/ct-domestic-violence-laws/
For more detailed information please visit these links:
CCADV-CT Coalition Against Domestic Violence
Victims rights
https://www.ctcadv.org/find-help/your-rights/
CT Domestic Violence Law
https://www.ctcadv.org/information-about-domestic-violence/ct-domestic-violence-laws/
CTLawHelp.org
How to apply for a Restraining Order
https://ctlawhelp.org/en/restraining-protective-order
Important contacts-
CTSafeConnect-immediate DV services and safety planning
Call · Text · Chat · Email · 24/7
CTSafeConnect.org or (888) 774-2900
Connecticut’s Office of the Victim Advocate (OVA) 888) 771-3126
OVS Crime Victim Compensation program (888) 286-7347
Employment Discrimination
1. A potential employer cannot: – Ask you your age – Ask you if you are pregnant or plan to become pregnant – Ask you about your criminal record on the initial job application – Ask you if you have a disability
2. An employer or potential employer cannot treat you differently and unfairly because of your: – Race, color, ancestry, or national origin – Religion – Marital status – Sex, sexual orientation, gender identity or expression – Age – Pregnancy – Physical or mental disability – Status as a veteran https://ctlawhelp.org/en/rights-when-applying-for-job
3. Sexual harassment is illegal. These are examples of a type of sexual harassment which occurs when someone in a position of power offers a benefit in exchange for sexual attention or threatens your job if you refuse sexual attentions. – You are offered a job or promotion in return for sexual favors – Your supervisor threatens to cut your hours if you don’t date him or her – You are offered a better job or raise if you send your boss nude pictures – Your boss threatens you with a poor performance review if you don’t go out for dinner with him or her – Another type of sexual harassment is a hostile work environment. This occurs when a coworker, supervisor or third party (i.e. a vendor) makes repeated inappropriate and unwanted sexual advances, comments or requests. – People at work talk about sex all day – There are posters of naked or almost naked models in the workplace – People comment about other employees’ bodies – Someone at work touches you without your consent https://portal.ct.gov/-/media/CHRO/Sexual-Harassment-Prevention-Training/Sexual-Harassment -Written-Materials-English.pdf
Housing
Landlords must provide working equipment for utilities including heat, electricity, hot and cold running water. Your landlord must provide equipment that can heat your home to at least 65°. If your furnace won’t heat your home to 65°, your landlord must fix or replace the broken heater. If your landlord is responsible for heating, they must provide fuel or pay the heat bill. Landlords may not shut off the utilities. If that happens, call the police. Your landlord must fix problems like:
- peeling paint, broken windows, or mold;
- plumbing, electrical, or heating systems that don’t work properly
- rats, roaches, bedbugs, and other pests; and
- a broken smoke detector (or no smoke detector) It is illegal for your landlord to evict you or raise your rent if in the last 6 months you asked your landlord to fix your apartment https://ctlawhelp.org/en/repairs-tenants-rights-housing-code Your landlord can try to evict you, but they must get the court’s permission first. If your landlord starts an eviction against you, you will get notice of the court hearing and a chance to go to court to defend yourself against the eviction. Your landlord must not remove your belongings from your apartment or change the locks, even if you owe back rent, unless they win an eviction case against you in court. Your landlord must not
- lock you out of your home,
- shut off your heat or lights, or
- make you leave before the court decides your case. Only a marshall with a court order from a judge can evict you. If you receive a Notice To Quit, you do not have to leave on the date listed on the Notice to Quit. https://ctlawhelp.org/en/evictions-process-laws-connecticut