Connecticut Divorce Statutes

General Statutes of Connecticut, Revised to 1997

Title-46b - Family Law


CHAPTER 815

COURT PROCEEDINGS IN FAMILY RELATIONS MATTERS

Sec. 46b-1. (Formerly Sec. 51-330). Family relations matters defined.

Matters within the jurisdiction of the Superior Court deemed to be family relations matters shall be matters affecting or involving: (1) Dissolution of marriage, contested and uncontested, except dissolution upon conviction of crime as provided in section 46b-47; (2) legal separation; (3) annulment of marriage; (4) alimony, support, custody and change of name incident to dissolution of marriage, legal separation and annulment; (5) actions brought under section 46b-15; (6) complaints for change of name; (7) civil support obligations; (8) habeas corpus and other proceedings to determine the custody and visitation of children; (9) habeas corpus brought by or in behalf of any mentally ill person except a person charged with a criminal offense; (10) appointment of a commission to inquire whether a person is wrongfully confined as provided by section 17a-523; (11) juvenile matters as provided in section 46b-121; (12) all rights and remedies provided for in chapter 815j; (13) the establishing of paternity; (14) appeals from probate concerning: (a) Adoption or termination of parental rights; (b) appointment and removal of guardians; (c) custody of a minor child; (d) appointment and removal of conservators; (e) orders for custody of any child; (f) orders of commitment of persons to public and private institutions and to other appropriate facilities as provided by statute; (15) actions related to prenuptial and separation agreements and to matrimonial decrees of a foreign jurisdiction; (16) custody proceeding brought under the provisions of chapter 815o; and (17) all such other matters within the jurisdiction of the Superior Court concerning children or family relations as may be determined by the judges of said court.
(1959, P.A. 531, S. 3; 1967, P.A. 183, S. 3; P.A. 73-373, S. 36; P.A. 76-436, S. 89, 681; P.A. 77-336, S. 2; 77-452, S. 15, 72; 77-576, S. 37, 65; P.A. 78-318, S. 26; 78-379, S. 13, 27; P.A. 86-337, S. 9.)
History: 1967 act removed jurisdiction of commitments of mentally ill persons; P.A. 73-373 substituted "dissolution of marriage" for "divorce" where appearing; P.A. 76-436 restated provisions generally, in Subdiv. (6) included criminal actions, in Subdiv. (7) added reference to visitation, inserted new Subdivs. (10) to (14), renumbering remaining Subdivs. accordingly, in Subdiv. (15) included termination of penal rights and rephrased clause re orders of commitment, deleted former Subdiv. re appeals from judgment or order of juvenile court, inserted new Subdivs. (16) and (17) and renumbered former Subdiv. (12), effective July 1, 1978; P.A. 77-336 inserted new Subdiv. (5) re actions brought under Sec. 46b-38, renumbering accordingly; P.A. 77-452 deleted former Subdiv. (12) re judicial consent to marriage of a minor, renumbering accordingly and making minor changes in wording elsewhere; P.A. 77-576 deleted former Subsec. (10) re termination of parental rights with regard to children committed to state agency and contested termination of parental rights transferred to probate court and included jurisdictional power re matrimonial decrees of foreign jurisdiction; P.A. 78-318 included jurisdiction over custody proceedings under Ch. 815; P.A. 78-379 deleted reference to criminal actions in Subdiv. (7) and deleted former Subdiv. (16) re offenses committed by minor children against their parents; Sec. 51-182c temporarily renumbered as Sec. 51-330 and ultimately transferred to Sec. 46b-1 in 1979, see note to Sec. 51-182c; P.A. 86-337 substituted reference to Sec. 46b-15 for reference to Sec. 46b-38.
See Sec. 45a-99 re concurrent jurisdiction of probate court in matters concerning change of name. See Secs. 45a-736, 45a-737 re change of name of adopted persons. See Sec. 46b-41 re definition of "complaint". See Sec. 46b-63 re jurisdiction of superior court to restore former wife's birth name or former name following decree dissolving marriage. See Sec. 52-11 re jurisdiction of superior court concerning complaints for change of name.
Cited. 185 C. 502, 505. Cited. 5 CA 95, 99. Cited. 41 CA 163, 166, 167. Subdiv. (4): Cited. 17 CA 627, 629, 630, 632. Subdiv. (6): Cited. 17 CA 627, 629632. Subdiv. (8): Cited. 234 C. 51, 61. Cited. 8 CA 30, 31. Subdiv. (15): Cited. 39 CS 66, 68, 74.

Sec. 46b-2. (Formerly Sec. 51-331). Family matters, both civil and criminal, placed on family docket first.

All proceedings involving a family relations matter shall be first placed on the family relations docket of the Superior Court; and except for juvenile matters which are provided for in section 46b-133, the judge before whom such proceeding is brought, may transfer such matter to the criminal or civil docket of said court if he deems that such docket is more suitable for the disposition of the case. Any case so entered or transferred to either docket shall be proceeded upon as are other cases of a like nature standing on such docket.
(P.A. 76-436, S. 89a, 681.)
History: Sec. 51-331 transferred to Sec. 46b-2 in 1979.

Sec. 46b-3. (Formerly Sec. 51-332). Domestic relations officers and other employees.

(a) The judges of the Superior Court shall appoint such domestic relations officers and other personnel as they deem necessary for the proper operation of the family relations sessions. The salaries and duties of such officers shall be determined by the judges in accordance with the compensation plan established under section 51-12. For the purposes of any investigation or pretrial conference the judge presiding at any family relations session may employ the services of any probation officer, including those under the direction of the Office of Adult Probation, physician, psychologist, psychiatrist or family counselor. Each person serving on July 1, 1978, in the Court of Common Pleas appointed under the provisions of section 51-156c, revised to 1975, shall continue to serve in the Superior Court. In no event shall the compensation of such person be affected solely as a result of the transfer of jurisdiction provided in section 51-164s. The Chief Court Administrator may assign, reassign and modify the assignments of such family relations personnel as he deems necessary to be in the best interest of the disposition of family relations matters. Such family relations personnel shall also be available to assist the courts of probate in cases involving judicial consent to marriage of a minor. (b) Family relations personnel are authorized to collect fees in accordance with the provisions of section 52-259.
(1959, P.A. 531, S. 5; P.A. 76-436, S. 10a, 92, 681; P.A. 78-280, S. 93, 127; P.A. 79-585, S. 7, 15; Nov. Sp. Sess. P.A. 81-6, S. 3, 4; P.A. 82-325, S. 57.)
History: P.A. 76-436 added reference to compensation plan under Sec. 51-12 and provisions re effect of transfer of common pleas court personnel to superior courts on compensation and re assignment and reassignment decisions of chief court administrator, effective July 1, 1978; P.A. 78-280 deleted requirement that persons reassigned shall finish term of appointment at compensation received while serving in common pleas court; P.A. 79-585 replaced commission on adult probation with office of adult probation; Sec. 51-182e temporarily renumbered as Sec. 51-332 and ultimately transferred to Sec. 46b-3 in 1979, see note to Sec. 51-182e; Nov. Sp. Sess. P.A. 81-6 added Subsec. (b) authorizing family relations personnel to collect fees under Secs. 17-31i and 52-259; P.A. 82-325 amended Subsec. (b) by deleting the authorization to collect fees in accordance with the provisions of "section 17-31i."
There is no authority for domestic relations officers to resolve differences by rendering a decision concerning property distribution. 180 C. 528, 532. Cited. 224 C. 776, 780. Cited. 2 CA 472, 478, 479. Cited. 25 CA 693, 699, 700.

Sec. 46b-4. (Formerly Sec. 51-333). Judge may retain jurisdiction until final disposition.

Any judge who hears a family relations matter may retain jurisdiction thereof until its final disposition if, in his opinion, the ends of justice require.
(1959, P.A. 531, S. 6; P.A. 78-280, S. 1, 94, 127.)
History: P.A. 78-280 deleted provision which had allowed judge holding regular session to transfer actions in family relations matters to the regular session for more speedy hearing; Sec. 51-182f temporarily renumbered as Sec. 51-333 and ultimately transferred to Sec. 46b-4 in 1979, see note to Sec. 51-182f.

Sec. 46b-5. (Formerly Sec. 51-336). Transfer of family relations matters to and from general docket.

If the Chief Court Administrator deems it necessary for the proper dispatch of business, he may direct that, for such period as he may fix, any portion of the matters claimed for a family relations docket, except appeals be entered upon the general docket of the court, or transferred from the family relations docket to the general docket, and may likewise direct that any such cases entered on or transferred to the general docket shall be transferred to the family relations docket. Any case so entered or transferred to either docket shall be proceeded with as are other cases of a like nature standing upon that docket.
(1959, P.A. 531, S. 9; 1967, P.A. 656, S. 33; 1971, P.A. 870, S. 14; P.A. 74-183, S. 280, 291; P.A. 76-436, S. 10a, 94, 681.)
History: 1967 act substituted chief court administrator for chief justice; 1971 act added Subsecs. (b) and (c) re transfer of actions; P.A. 74-183 repealed provisions added by 1971 act; P.A. 76-436 deleted reference to appeals from juvenile court and to chief judge, effective July 1, 1978; Sec. 51-182i was temporarily renumbered as Sec. 51-336 and ultimately transferred to Sec. 46b-5 in 1979, see note to Sec. 51-182i.

Sec. 46b-6. (Formerly Sec. 51-337). Investigations.

In any pending family relations matter the court or any judge may cause an investigation to be made with respect to any circumstance of the matter which may be helpful or material or relevant to a proper disposition of the case. Such investigation may include an examination of the parentage and surroundings of any child, his age, habits and history, inquiry into the home conditions, habits and character of his parents or guardians and evaluation of his mental or physical condition. In any action for dissolution of marriage, legal separation or annulment of marriage such investigation may include an examination into the age, habits and history of the parties, the causes of marital discord and the financial ability of the parties to furnish support to either spouse or any dependent child.
(1959, P.A. 531, S. 10; P.A. 73-373, S. 37; P.A. 76-436, S. 95, 681.)
History: P.A. 73-373 substituted "dissolution of marriage" for "divorce"; P.A. 76-436 substituted "pending family relations matter" for "matter pending in a family relations session", effective July 1, 1978; Sec. 51-182j temporarily renumbered as Sec. 51-337 and ultimately transferred to Sec. 46b-6 in 1979, see note to Sec. 51-182j.
The decision of a court whether to order an investigation and report is discretionary. 180 C. 533, 542. Cited. 181 C. 622, 637. Cited. 212 C. 63, 76, 77. Cited. 224 C. 776, 780. An "evaluation" of a physical or mental condition is not equivalent to "treatment" of such a condition. 2 CA 472, 478, 479. Cited. 11 CA 189, 193. Cited. 23 CA 509, 516. Cited. 25 CA 693, 699, 700.

Sec. 46b-7. (Formerly Sec. 51-338). Report of investigation to be filed.

Whenever, in any family relations matter, including appeals from the Superior Court, an investigation has been ordered, the case shall not be disposed of until the report has been filed as hereinafter provided, and counsel and the parties have had a reasonable opportunity to examine it prior to the time the case is to be heard. Any report of an investigation shall be made in quadruplicate and shall be filed with the clerk and mailed to counsel of record.
(1959, P.A. 531, S. 11; P.A. 76-436, S. 96, 681; P.A. 78-280, S. 96, 127; P.A. 79-431, S. 1.)
History: P.A. 76-436 deleted reference to appeals from juvenile court and made minor change in wording, effective July 1, 1978; P.A. 78-280 substituted "family relations matter" for "family relations session"; P.A. 79-431 specifically included appeals from superior court, required that parties to case have reasonable opportunity to examine report, required that report be made in quadruplicate rather than in duplicate and required that it be mailed to counsel of record; Sec. 51-182k temporarily renumbered as Sec. 51-338 and ultimately transferred to Sec. 46b-7 in 1979, see note to Sec. 51-182k.
Cited. 212 C. 63, 76. Cited. 25 CA 262267.

Sec. 46b-8. (Formerly Sec. 51-341). Motion for modification of support order combined with motion for contempt.

Whenever a motion for modification of an order for support and alimony is made to the superior court by a moving party against whom a motion for contempt for noncompliance with such order is pending, the court shall accept such motion and hear both motions concurrently.
(P.A. 73-308.)
History: Provisions originally codified as Sec. 51-182p were temporarily renumbered as Sec. 51-341 and ultimately transferred to Sec. 46b-8 in 1979, see note to Sec. 51-182p.
Annotations to former section 51-182p: Cited. 173 C. 397, 403. Annotations to present section: Cited. 191 C. 309, 314. Cited. 198 C. 479, 487. Cited. 199 C. 550, 553. Cited. 224 C. 905. Cited. 228 C. 630632, 638, 639. Cited. 13 CA 330, 352. Cited. 31 CA 788, 789, 791, 792. Section is directory; therefore right of trial court to defer action on motion for modification under section is discretionary. 39 CA 669, 673, 674. Subsec. (b): Cited. 12 CA 113, 117.

Sec. 46b-9. (Formerly Sec. 51-340). Hearing by referee in action for dissolution of marriage, legal separation or annulment.

In any action for dissolution of marriage, legal separation or annulment the court may refer the case or any matter in which the issues have been closed to a state referee who shall have been a judge of the referring court or who shall have been a judge of the Court of Common Pleas; provided the referring court shall retain jurisdiction to hear and decide any pendente lite or contempt matters until such time as the referee hears and decides the case or matter. The Chief Court Administrator, or his designee, may authorize the presiding judge to refer to such state referee any action for the dissolution of marriage, legal separation or annulment which is on the family relations uncontested assignment list. Such uncontested assignment list matters shall be heard on the date on which they are assigned to be heard on the uncontested assignment list, and if they are not heard on such date the reference shall be automatically revoked. Any hearing by such referee shall be conducted as provided in section 52-434.
(1959, P.A. 531, S. 13; P.A. 74-183, S. 285, 291; P.A. 75-261; 75-319, S. 1, 2; P.A. 78-379, S. 14, 27.)
History: P.A. 74-183 specified that referee "shall have been a judge of the referring court"; P.A. 75-261 substituted "dissolution of marriage" for "divorce", allowed referee to have been a common pleas court judge and deleted provision specifying that referee's duty is "to hear and report to the court the facts"; P.A. 75-319 added proviso re retention of jurisdiction by referring court; P.A. 78-379 added provisions re referral and hearing of matters on uncontested assignment list; Sec. 51-182m temporarily renumbered as Sec. 51-340 and ultimately transferred to Sec. 46b-9 in 1979, see note to Sec. 51-182m.
The expression in statute of an alternative method for referring dissolution actions to a referee explicitly does away with written consent as precondition to exercise of jurisdiction by referee. 181 C. 225, 228, 229. Cited. 186 C. 211, 216218; Id., 773, 777.

Sec. 46b-10. (Formerly Sec. 51-339). Attempt at reconciliation in action for dissolution of marriage, legal separation or annulment.

In any action for dissolution of marriage, legal separation or annulment, at any time before final judgment any judge may require that either or both parties appear before any judge, referee or other disinterested person for the purpose of attempting a reconciliation or adjustment of differences between the parties. Any person designated under the provisions of this section may be a family relations counselor or family relations caseworker and such person shall have all the powers provided in chapter 910. Such person shall report to the court only the fact of whether or not reconciliation can be effected and shall not divulge information given to him by the parties except with the consent of all parties.
(1959, P.A. 531, S. 12; P.A. 83-295, S. 13.)
History: Provisions originally designated as Sec. 51-182l were temporarily renumbered as Sec. 51-339 and ultimately transferred to Sec. 46b-10 in 1979, see note to Sec. 51-182l; P.A. 83-295 replaced "divorce" with "dissolution of marriage" and "domestic relations officer or a person skilled in problems of family relations" with "family relations counselor or family relations caseworker".
See Sec. 46b-53 re conciliation procedures.

Sec. 46b-11. (Formerly Sec. 51-335). Closed hearings and records.

Any case which is a family relations matter may be heard in chambers or, if a jury case, in a courtroom from which the public and press have been excluded, if the judge hearing the case determines that the welfare of any children involved or the nature of the case so requires. The records and other papers in any family relations matter may be ordered by the court to be kept confidential and not to be open to inspection except upon order of the court or judge thereof for cause shown.
(1959, P.A. 531, S. 8; P.A. 76-436, S. 93, 681; P.A. 78-280, S. 95, 127.)
History: P.A. 76-436 applied provisions specifically to family relations matters, deleted references to appeals from juvenile court and added exception, effective July 1, 1978; P.A. 78-280 referred to cases which are family relations matters rather than to cases on docket of family relations sessions; Sec. 51-182h temporarily renumbered as Sec. 51-335 and ultimately transferred to Sec. 46b-11 in 1979, see note to Sec. 51-182h.
See Sec. 46b-49 re private hearings. See Sec. 46b-122 re exclusion from hearing room of persons whose presence is unnecessary in actions concerning juvenile matters.
Cited. 2 CA 132, 139. Cited. Id., 472, 485. Cited. 36 CS 352, 356.

CHAPTER 815a

FAMILY MATTERS


Sec. 46b-15. Relief from physical abuse by family or household member.

Application. Court orders. Duration. Copies. Expedited hearing for violation of order. Other remedies. (a) Any family or household member as defined in section 46b-38a who has been subjected to a continuous threat of present physical pain or physical injury by another family or household member may make an application to the Superior Court for relief under this section. (b) The application shall be accompanied by an affidavit made under oath which includes a brief statement of the conditions from which relief is sought. Upon receipt of the application the court shall order that a hearing on the application be held not later than fourteen days from the date of the order. The court, in its discretion, may make such orders as it deems appropriate for the protection of the applicant and such dependent children or other persons as the court sees fit. Such order may include temporary child custody or visitation rights and such relief may include but is not limited to an order enjoining the respondent from (1) imposing any restraint upon the person or liberty of the applicant; (2) threatening, harassing, assaulting, molesting, sexually assaulting or attacking the applicant or (3) entering the family dwelling or the dwelling of the applicant. If an applicant alleges an immediate and present physical danger to the applicant, the court may issue an ex parte order granting such relief as it deems appropriate. If a postponement of a hearing on the application is requested by either party and granted, the order shall not be continued except upon agreement of the parties or by order of the court for good cause shown. (c) Every order of the court made in accordance with this section shall contain the following language: "This order may be extended by the court beyond six months. In accordance with section 53a-107, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree. This is a criminal offense punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars or both." (d) No order of the court shall exceed six months, except that an order may be extended by the court upon motion of the applicant for such additional time as the court deems necessary. If the respondent has not appeared upon the initial application, service of a motion to extend an order may be made by first-class mail directed to the respondent at his or her last known address. (e) The applicant shall cause notice of the hearing pursuant to subsection (b) and a copy of the application and of any ex parte order issued pursuant to subsection (b) to be served on the respondent not less than five days before the hearing. Upon the granting of an ex parte order, the clerk of the court shall provide two certified copies of the order to the applicant and a copy to the Family Division. Upon the granting of an order after notice and hearing, the clerk of the court shall provide two certified copies of the order to the applicant and a copy to the Family Division and a copy to the respondent. The clerk of the court shall send a certified copy of any ex parte order and order after notice and hearing to the appropriate law enforcement agency within forty-eight hours of its issuance. (f) A caretaker who is providing shelter in his or her residence to a person sixty years or older shall not be enjoined from the full use and enjoyment of his or her home and property. The Superior Court may make any other appropriate order under the provisions of this section. (g) When a motion for contempt is filed for violation of a restraining order, there shall be an expedited hearing. Such hearing shall be held within five court days of service of the motion on the respondent, provided service on the respondent is made not less than twenty-four hours before the hearing. If the court finds the respondent in contempt for violation of an order, the court may impose such sanctions as the court deems appropriate. (h) An action under this section shall not preclude the applicant from seeking any other civil or criminal relief.
(P.A. 81-272, S. 2; P.A. 86-337, S. 7; P.A. 87-567, S. 4, 7; P.A. 91-6, S. 1, 3; 91-381, S. 3, 7; P.A. 95-193, S. 1; P.A. 96-180, S. 158, 166.)
History: P.A. 86-337 amended Subsec. (a) by substituting "family or household member as defined in section 46b-38a" for "adult person"; amended Subsec. (b) by adding "such order may include temporary child custody or visitation rights" and providing that order shall not be continued except upon agreement of parties or good cause; amended Subsec. (e) by requiring (1) court to provide two copies of order to applicant, a copy to family division, a copy to individual to whom order is directed and certified copy to appropriate law enforcement agency within forty-eight hours of issuance and (2) family division to provide registry of protective orders and inform peace officers of status of orders; and amended Subsec. (g) by adding provision re expedited hearing for motion for contempt for violation of restraining order; P.A. 87-567 amended Subsec. (e), adding "and restraining" before "orders"; P.A. 91-6 amended Subsec. (e) by adding "clerk of the" before "court", changing "file with" to "send to" and deleting provision re registry of protective and restraining orders by family relations division; P.A. 91-381 added "threatening, harassing" to Subdiv. (2) of Subsec. (b), and amended Subsec. (e) to require applicant to serve notice of hearing, copy of application and of any ex parte order upon respondent not less than five days before hearing and to require clerk of the court to provide copies of ex parte order to applicant and family division and send certified copy of ex parte order and order after notice and hearing to law enforcement agency, deleting those provisions from their previous locations in Subsec. (b); P.A. 95-193 amended Subsecs. (a) and (b) by changing time limit on court orders from "ninety days" to "six months"; P.A. 96-180 made technical change in Subsec. (c) changing fine from one thousand to two thousand dollars in accordance with P.A. 92-256, effective June 3, 1996.

Sec. 46b-16. Petition to Superior Court for ex parte order re temporary care and custody of child when parent arrested for custodial interference.

Duration of order. (a) When (1) a parent or relative has been arrested for violation of section 53a-97 or 53a-98 or arrested pursuant to chapter 964 for an offense of intentional interference of the lawful custody of a child under the laws of another state or territory, and (2) a child has been in the care of such parent or relative, the legal custodian of the child or the Department of Children and Families may petition the superior court or probate court which has venue over the matter for immediate temporary custody of the child. (b) If the court finds that there is a substantial likelihood that the child will be removed from the jurisdiction of the court prior to a hearing to determine custody, an order of temporary custody may be issued ex parte by the court granting the temporary care and custody of the child to a suitable person or agency pending a hearing to determine custody pursuant to chapter 815j or 815o. Such hearing shall be held not more than five days from the issuance of the ex parte order nor less than three days from the return of service, whichever is later. (c) If the parent or relative arrested for violation of section 53a-97 or 53a-98 is in custody of the state, the state shall produce such parent or relative for the hearing to determine custody of the child pursuant to chapter 815j or 815o. (d) The sole duty of the Department of Children and Families under this section shall be to provide care for the child during the period of custody pending determination of the custodial rights of the parents or guardians.
(P.A. 86-311, S. 2; P.A. 93-91, S. 1, 2.)
History: P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993.

CHAPTER 815e*

MARRIAGE

____________ *Cited. 26 CA 737, 744.

Sec. 46b-20. Definitions.

As used in this chapter: (a) "Registrar" means the registrar of vital statistics; (b) "Applicant" means applicant for a marriage license; (c) "License" means marriage license.
(P.A. 78-230, S. 1, 54.)

Sec. 46b-21. (Formerly Sec. 46-1). Kindred who may not marry.

No man may marry his mother, grandmother, daughter, granddaughter, sister, aunt, niece, stepmother or stepdaughter, and no woman may marry her father, grandfather, son, grandson, brother, uncle, nephew, stepfather or stepson. Any marriage within these degrees is void.
(1949 Rev., S. 7301; P.A. 78-230, S. 3, 54.)
History: P.A. 78-230 changed wording slightly and substituted "may" for "shall"; Sec. 46-1 transferred to Sec. 46b-21 in 1979.
See Sec. 53a-191 re incest.
Annotations to former section 46-1: Does not prohibit marriage with deceased husband's brother. 12 C. 94. "Sister" includes half sister for purpose of incest prosecution. 132 C. 165. The marriage of a niece and her uncle in Italy, though valid there and contracted without intent to evade the law of this state, held not valid in this state. 148 C. 288. (One judge dissenting.) Relationship of niece-in-law and uncle-in-law held not within enumerated relationships for crime of incest. 158 C. 461. Annotations to present section: Former section General Statutes (Rev. 1949) S. 7301 cited. 182 C. 344, 347. Relationship as half-uncle and half-niece is void. 213 C. 637642, 644646, 649, 656.

Sec. 46b-22. (Formerly Sec. 46-3). Who may join persons in marriage.

Penalty for unauthorized performance. (a) All judges and retired judges, either elected or appointed, family support magistrates, state referees and justices of the peace may join persons in marriage in any town in the state and all ordained or licensed clergymen, belonging to this state or any other state, so long as they continue in the work of the ministry may join persons in marriage. All marriages solemnized according to the forms and usages of any religious denomination in this state, including marriages witnessed by a duly constituted Spiritual Assembly of the Baha'is, are valid. All marriages attempted to be celebrated by any other person are void. (b) No public official legally authorized to issue marriage licenses may join persons in marriage under authority of a license issued by himself, or his assistant or deputy; nor may any such assistant or deputy join persons in marriage under authority of a license issued by such public official. (c) Any person violating any provision of this section shall be fined not more than fifty dollars.
(1949 Rev., S. 7306; 1951, S. 3001d; 1967, P.A. 129, S. 1; P.A. 78-230, S. 4, 54; P.A. 79-37, S. 1, 2; P.A. 87-316, S. 3.)
History: 1967 act specified validity of marriages witnessed by Spiritual Assembly of the Baha'is; P.A. 78-230 divided section into Subsecs., deleted reference to county and reordered and rephrased provisions in Subsec. (a) and substituted "may" for "shall" in Subsec. (b); P.A. 79-37 authorized retired judges and state referees to perform marriages; Sec. 46-3 transferred to Sec. 46b-22 in 1979; P.A. 87-316 applied provisions to family support magistrates.
Annotations to former section 46-3: Minister who solemnizes marriage must be "settled in the work of the ministry." 2 R. 382. Ordained deacon performing usual duties of minister held to be authorized. 4 C. 134. A clergyman in performing marriage ceremony is a public officer and his acts in that capacity prima facie evidence of his character. 4 C. 219. Proof of celebration of marriage raises a presumption of its validity. 85 C. 186; 93 C. 47. In absence of proof of authority of justice of peace, marriage void. 129 C. 432. Our law does not recognize common law marriages. Id. Marriage, deficient for want of due solemnization, voidable. 163 C. 588. Annotations to present section: Former section General Statutes (Rev. 1949) S. 7302 cited. 182 C. 344, 348, 350, 352.

Sec. 46b-22a. Validation of marriages performed by unauthorized justice of the peace.

All marriages, celebrated before June 10, 1996, otherwise valid except that the justice of the peace joining such persons in marriage did not have a valid certificate of qualification, are validated.
(P.A. 82-166, S. 1, 4; P.A. 84-171, S. 1, 7; P.A. 85-83, S. 1, 2; P.A. 87-587, S. 13, 18; P.A. 89-4, S. 1, 2; P.A. 91-12, S. 1, 3; P.A. 93-87, S. 1, 3; P.A. 95-6, S. 1, 3; P.A. 96-258, S. 4, 5.)
History: P.A. 84-171 changed applicable date from May 17, 1982, to March 13, 1984; P.A. 85-83 changed applicable date from March 13, 1984, to April 29, 1985; P.A. 87-587 changed applicable date from April 29, 1985, to April 19, 1987; P.A. 89-4 changed applicable date from April 19, 1987, to March 13, 1989; P.A. 91-12 changed "March 13, 1989" to "March 28, 1991"; P.A. 93-87 changed applicable date from March 28, 1991, to June 2, 1993, effective June 2, 1993; P.A. 95-6 changed applicable date from June 2, 1993, to April 13, 1995, effective April 13, 1995; P.A. 96-258 changed applicable date from April 13, 1995, to June 10, 1996, effective June 10, 1996.

Sec. 46b-23. (Formerly Sec. 46-4). Joining persons in marriage knowingly without authority.

Any person who undertakes to join persons in marriage, knowing that he is not authorized to do so, shall be fined not more than five hundred dollars or imprisoned not more than one year or both.
(1949 Rev., S. 8595.)
History: Sec. 46-4 transferred to Sec. 46b-23 in 1979.

Sec. 46b-24. (Formerly Sec. 46-5a). License required.

Period of validity. Penalty. (a) No persons may be joined in marriage in this state until both have complied with the provisions of sections 46b-24 to 46b-27, inclusive, and 46b-29 to 46b-33, inclusive, and have been issued a license by the registrar for the town in which the marriage is to be celebrated, which bears the certification of the registrar that the persons named therein have complied with the provisions of said sections. (b) Such license, when certified by the registrar, is sufficient authority for any person authorized to perform a marriage ceremony in this state to join such persons in marriage, provided the ceremony is performed within the town where the license was issued and within a period of not more than sixty-five days after the date of application. (c) Anyone who joins any persons in marriage without having received such license from them shall be fined not more than one hundred dollars.
(1967, P.A. 313, S. 1; P.A. 78-230, S. 5, 54.)
History: P.A. 78-230 divided section into Subsecs. and made minor changes in wording and added fine provision applicable to those who marry persons without receiving license, designated as Subsec. (c); Sec. 46-5a transferred to Sec. 46b-24 in 1979 and internal section references changed as necessary to reflect those sections' transfer.
See Sec. 46b-24a re validation of marriages occurring in town other than town where license issued.
Former section General Statutes (Rev. 1949) S. 7302, as amended, cited and validity of marriage solemnized without marriage license discussed. 182 C. 344, 348.

Sec. 46b-24a. Validation of marriages occurring in town other than town where license issued.

All marriages celebrated before April 13, 1995, otherwise valid except that the license for any such marriage was issued in a town other than the town in which such marriage was celebrated, are validated.
(P.A. 79-298, S. 1; P.A. 82-166, S. 3, 4; P.A. 89-151, S. 1, 2; P.A. 91-12, S. 2, 3; P.A. 93-87, S. 2, 3; P.A. 95-6, S. 2, 3.)
History: P.A. 82-166 extended validation to marriages celebrated before May 17, 1982; P.A. 89-151 extended validation to marriages celebrated before June 1, 1989; P.A. 91-12 changed "June 1, 1989" to "March 28, 1991"; P.A. 93-87 changed applicable date from March 26, 1991, to June 2, 1993, effective June 2, 1993; P.A. 95-6 changed applicable date from June 2, 1993, to April 13, 1995, effective April 13, 1995.

Sec. 46b-25. (Formerly Sec. 46-5b). Application for license.

No license may be issued by the registrar until both persons have appeared before him and made application for a license. The application shall be dated, signed and sworn to by each applicant and shall state each applicant's name, age, race, occupation, birthplace, residence, whether single, widowed or divorced and whether under the supervision or control of a conservator or guardian. If the application is signed and sworn to by the applicants on different dates, the earlier date shall be deemed the date of application. All the applications, when so made, shall be kept separately and available for public examination until the license is issued, and shall be filed as a part of the records of the registrar when the license certificate is returned as provided in section 46b-34.
(1967, P.A. 313, S. 2; P.A. 78-230, S. 6, 54; P.A. 96-3.)
History: P.A. 78-230 restated provisions; Sec. 46b-5b transferred to Sec. 46b-25 in 1979 and internal section reference revised to reflect its transfer; P.A. 96-3 substituted "race" for "color".

Sec. 46b-26. (Formerly Sec. 46-5c). Test for venereal disease and rubella prerequisite.

(a) No license may be issued by any registrar until there has been filed with him, for each applicant, a statement signed by a physician licensed to practice medicine or osteopathy in any state or territory of the United States, the District of Columbia or any province of Canada, an advanced practice registered nurse licensed pursuant to chapter 378, a nurse-midwife licensed pursuant to chapter 377 or a physician assistant license pursuant to chapter 370, or by a commissioned medical officer in the armed forces or the Public Health Service of the United States, that the applicant has submitted to a standard laboratory blood test, that, if the test was positive, the person has submitted to a physical examination of the skin and appropriate mucous membranes, and that, in the opinion of such physician, advanced practice registered nurse, nurse-midwife or physician assistant, the person is not infected with syphilis or in a stage of that disease that is communicable. (b) Except as provided in this section, the statement of any such physician or medical officer shall be accompanied by a statement by the person in charge of an approved laboratory or his representative giving the name of the standard laboratory blood test made and the exact name of the applicant but not the results of the test. A standard laboratory blood test shall be a laboratory test for syphilis approved by the Department of Public Health and shall be performed by said department on request of a licensed physician or at a laboratory approved by it. No license may be issued if the date of the blood test for either applicant is more than thirty-five days before the date of application. (c) Nothing in this section shall prohibit any registrar from accepting a statement executed on a form officially used for the same purpose in any other state or territory of the United States or in any province of Canada, provided the other state, territory or province requires a premarital blood test, and the date of that test, or the date of the physician's statement, when the date of the test is not a part of the official blood test form of such other state, territory or province, is not more than thirty-five days before the date of application for the license. (d) With the approval of the administrative head of the municipality and the Public Records Administrator, as provided in section 7-109, the statements filed with the registrar in compliance with the provisions of this section may be destroyed one year after the date of filing. (e) In addition to the standard laboratory test required in subsection (a), a female applicant who is less than fifty years of age and is capable of pregnancy shall also provide a statement upon a form provided by the Department of Public Health, signed by a physician licensed to practice medicine or osteopathy in any state or territory of the United States, the District of Columbia or any province of Canada, an advanced practice registered nurse licensed pursuant to chapter 378, a nurse-midwife licensed pursuant to chapter 377 or a physician assistant licensed pursuant to chapter 370, or by a commissioned medical officer in the armed forces or the Public Health Service of the United States, that such applicant has submitted to a test for rubella immunity. Such test shall be a standard laboratory test for rubella immunity approved by the Department of Public Health. The results of the test shall be disclosed in writing to the applicant by such physician, advanced practice registered nurse, nurse-midwife or physician assistant. Nothing in this subsection shall prohibit any registrar from accepting a statement executed on a form officially used for such purpose in any other state provided the other state, territory or province requires a test for rubella immunity. Nothing in this subsection shall be construed to require an applicant to receive immunization from rubella prior to the issuance of a license but shall be construed as requiring that the applicant be informed as to whether or not such applicant is immune to rubella and the consequences of such lack of immunity with respect to pregnancy.
(1967, P.A. 313, S. 3; P.A. 77-614, S. 323, 610; P.A. 78-165, S. 2, 5; 78-230, S. 7, 52, 54; P.A. 79-30; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 96-19, S. 9.)
History: P.A. 77-614 replaced department of health with department of health services where appearing, effective January 1, 1979; P.A. 78-165 added Subsec. (b) re required test for rubella; P.A. 78-230 created new Subsecs. (b) to (d) from provisions formerly in Subsec. (a), relettering Subsec. (b) accordingly, and revised wording of provisions; P.A. 79-30 rephrased Subsec. (e) re rubella test, deleted requirement that test be made at same time as blood test and specified that form provided by health services department must be used; Sec. 46-5c transferred to Sec. 46b-26 in 1979; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 96-19 included advanced practice registered nurses, nurse-midwives and physician assistants among those who may sign blood tests.
See Sec. 11-8(b) re appointment of public records administrator. See Sec. 19a-27 re adoption of regulations for rubella immunity testing.

Sec. 46b-27. (Formerly Sec. 46-5d). Issuance of license.

(a) No license may be issued in violation of section 46b-26 unless it is the opinion of the judge of probate for the district in which the marriage is to be celebrated, after hearing evidence, that public policy or the physical condition of either applicant requires the marriage to be celebrated without delay, and the judge renders a written decision that the provisions of section 46b-26 should be waived. (b) The decision shall be filed as a part of the records of the office of the registrar, who shall immediately issue the license after all other requirements of sections 46b-24 to 46b-27, inclusive, and 46b-29 to 46b-33, inclusive, have been satisfied.
(1967, P.A. 313, S. 4; P.A. 78-230, S. 8, 54; P.A. 93-279, S. 14.)
History: P.A. 78-230 divided section into Subsecs. and restated provisions; Sec. 46-5d transferred to Sec. 46b-27 in 1979 and internal section references revised as necessary to reflect transfer of those sections; P.A. 93-279 amended Subsec. (a) by deleting "prior to the fourth day following the date of application" and substituting "in violation of section 46b-26" in lieu thereof and made other corresponding technical changes to Subsec. (a).

Sec. 46b-28. (Formerly Sec. 46-6). When marriages in foreign country are valid.

All marriages in which one or both parties are citizens of this state, celebrated in a foreign country, shall be valid, provided: (1) Each party would have legal capacity to contract such marriage in this state and the marriage is celebrated in conformity with the law of that country; or (2) the marriage is celebrated, in the presence of the ambassador or minister to that country from the United States or in the presence of a consular officer of the United States accredited to such country, at a place within his consular jurisdiction, by any ordained or licensed clergyman engaged in the work of the ministry in any state of the United States or in any foreign country.
(1949 Rev., S. 7303; February, 1965, P.A. 94; P.A. 78-230, S. 14, 54.)
History: 1965 act deleted requirements that license certificate must be obtained from registrar in town of residence of one or both parties to marriage for foreign marriage to be valid and that certificate must be returned to the registrar and provision imposing one hundred dollar fine for failure to do so; P.A. 78-230 restated provisions; Sec. 46-6 transferred to Sec. 46b-28 in 1979.
Annotation to former section 46-6: The marriage of a niece and her uncle in Italy, though valid there and contracted without intent to evade the law of this state, held not valid in this state. 148 C. 288. (One judge dissenting.) Annotation to present section: Cited. 213 C. 637, 642.

Sec. 46b-29. (Formerly Sec. 46-5e). Marriage of persons under conservatorship or guardianship.

(a) No marriage license may be issued to any applicant under the supervision or control of a conservator, appointed in accordance with sections 45a-644 to 45a-662, inclusive, unless the written consent of the conservator, signed and acknowledged before a person authorized to take acknowledgments of conveyances under the provisions of section 47-5, or authorized to take acknowledgments in any other state or country, is filed with the registrar. (b) Any person married without the consent provided for in subsection (a) of this section shall acquire no rights by such marriage in the property of any person who was under such control or supervision at the time of the marriage.
(1967, P.A. 313, S. 5; P.A. 77-14; P.A. 78-230, S. 9, 54; P.A. 86-323, S. 13.)
History: P.A. 77-14 prohibited issuance of license to applicants having guardians without written consent of the guardian and added specific references to Chs. 779 and 779a; P.A. 78-230 divided section into Subsecs. and rephrased provisions; Sec. 46-5e transferred to Sec. 46b-29 in 1979; P.A. 86-323 deleted reference to guardians appointed in accordance with chapter 779a.

Sec. 46b-30. (Formerly Sec. 46-5f). Marriage of minors.

(a) No license may be issued to any applicant under sixteen years of age, unless the judge of probate for the district in which the minor resides endorses his written consent on the license. (b) No license may be issued to any applicant under eighteen years of age, unless the written consent of a parent or guardian of the person of such minor, signed and acknowledged before a person authorized to take acknowledgments of conveyances under the provisions of section 47-5a, or authorized to take acknowledgments in any other state or country, is filed with the registrar. If no parent or guardian of the person of such minor is a resident of the United States, the written consent of the judge of probate for the district in which the minor resides, endorsed on the license, shall be sufficient.
(1967, P.A. 313, S. 6; P.A. 78-230, S. 10, 54.)
History: P.A. 78-230 restated existing provisions, designating them as Subsec. (a) and added Subsec. (b) re issuance of license to person under eighteen; Sec. 46-5f transferred to Sec. 46b-30 in 1979.

Sec. 46b-31. (Formerly Sec. 46-5h). Marriage of person whose last previous marriage was terminated by divorce or dissolution.

Section 46b-31 is repealed.
(1967, P.A. 313, S. 8; 1969, P.A. 400; P.A. 73-373, S. 29; P.A. 78-230, S. 11, 54; P.A. 79-298, S. 2.)

Sec. 46b-32. (Formerly Sec. 46-5i). Failure to make license available; penalty.

Any registrar who places on file any application for a license, or issues any license, except as provided in sections 46b-24 to 46b-27, inclusive, and 46b-29 to 46b-33, inclusive, or who conceals or refuses to make any application available to public examination while his office is open for business during the period until the license is issued, shall be fined not more than one hundred dollars or imprisoned not more than thirty days or both.
(1967, P.A. 313, S. 9; P.A. 78-230, S. 12, 54.)
History: P.A. 78-230 rephrased provisions and deleted provision which had imposed one hundred dollar fine for marrying persons without first receiving license; Sec. 46-5i transferred to Sec. 46b-32 in 1979 and internal section references revised to reflect transfer of those sections where necessary.

Sec. 46b-33. (Formerly Sec. 46-5j). Copy of law to applicants.

Each registrar shall issue a copy of sections 46b-24 to 46b-27, inclusive, and 46b-29 to 46b-33, inclusive, to any person making application for a license.
(1967, P.A. 313, S. 10; P.A. 78-230, S. 13, 54.)
History: P.A. 78-230 made minor changes in wording but no substantive changes; Sec. 46-5j transferred to Sec. 46b-33 in 1979 and internal section references revised as necessary to reflect transfer of those sections.

Sec. 46b-34. (Formerly Sec. 46-7). Marriage certificate.

Each person who joins any person in marriage shall certify upon the license certificate the fact, time and place of the marriage, and return it to the registrar of the town where it was issued, before or during the first week of the month following the marriage. Any person who fails to do so shall be fined not more than ten dollars.
(1949 Rev., S. 7304; P.A. 78-230, S. 15, 54.)
History: P.A. 78-230 restated provisions but made no substantive changes; Sec. 46-7 transferred to Sec. 46b-34 in 1979.
Annotations to former section 46-7: A certificate of marriage is an original document and need not be authenticated as a copy. 52 C. 526; 57 C. 537; 61 C. 507. When proof depends on validity of form of certificate, same rule prevails in civil and criminal proceedings. 61 C. 509. Use of abbreviation not fatal to validity of certificate. Id., 507. Signature on marriage certificate not tantamount to solemnization. 163 C. 588.

Sec. 46b-35. (Formerly Sec. 46-8). Certificates prima facie evidence.

The certificates required by sections 46b-24 to 46b-27, inclusive, and 46b-29 to 46b-34, inclusive, shall be prima facie evidence of the facts stated in them.
(1949 Rev., S. 7305; 1967, P.A. 313, S. 12; P.A. 78-230, S. 16, 54.)
History: 1967 act updated internal section references; P.A. 78-280 made minor change in wording; Sec. 46-8 transferred to Sec. 46b-35 in 1979 and internal references revised as necessary to reflect transfer of those sections.
Annotation to former section 46-5: Marriage certificates are treated as original documents and need not be authenticated as copies. 152 C. 575.

Sec. 46b-36. (Formerly Sec. 46-9). Wife and husband property rights not affected by marriage.

Neither husband nor wife shall acquire by the marriage any right to or interest in any property held by the other before or acquired after such marriage, except as to the share of the survivor in the property as provided by sections 45a-436 and 45a-437. The separate earnings of the wife shall be her sole property. She shall have power to make contracts with her husband or with third persons, to convey to her husband or to third persons her real and personal estate and to receive conveyances of real and personal estate from her husband or from third persons as if unmarried. She may bring suit in her own name upon contracts or for torts and she may be sued for a breach of contract or for a tort; and her property, except such as is exempt by law, may be taken on attachment and execution, but shall not be taken for the debts of her husband, except as provided in section 46b-37. The husband shall not be liable for her debts contracted before marriage, nor upon her contracts made after marriage, except as provided in said section.
(1949 Rev., S. 7307.)
History: Sec. 46-9 transferred to Sec. 46b-36 in 1979 and reference to Sec. 46-10 changed to Sec. 46b-37 to reflect that section's transfer; in 1991 reference to Sec. 45-273a changed to Sec. 45a-436 to reflect recodification of title 45 as title 45a; in 1993 the reference to Sec. 45a-437 was added editorially since the provisions of that section had originally been included as Subsec. (b) of former Sec. 45-273a until separated by public act 90-146 which enabled the recodification of title 45 and the renumbering of Sec. 45-273a as Secs. 45a-436 and 45a-437, but due to an oversight reference to the latter section was omitted.
See Sec. 52-572d re abrogation of interspousal immunity in motor vehicle negligence actions accruing out of state.
Annotations to former section 46-9: Prior to enacting of this section, wife could not bind herself as surety for husband. 56 C. 151; 68 C. 538. Not construed as depriving her of the right in equity to contract with her husband in regard to her property. 56 C. 186. Such married woman, during her lifetime, may dispose of all her property as she pleases. 71 C. 237. Deed to husband and wife makes them joint tenants without survivorship. 83 C. 581. Rights in building erected on land owned by husband and wife jointly. 82 C. 426; 86 C. 200. Where husband and wife make note jointly, payment of interest by either is binding on other. 81 C. 143. Wife, occupying with husband, cannot hold adversely to him. 76 C. 223. Present status of married woman. 79 C. 24; 84 C. 21; 88 C. 42; 93 C. 358. Married woman may sue husband. 79 C. 24; 88 C. 42; 103 C. 583; 124 C. 543; 126 C. 147; 132 C. 79. She may sue for personal injury to herself; 84 C. 9; or alienation of husband's affections. 76 C. 135; 78 C. 296. Where wife advances money to her husband, there is a presumption of a gift. 88 C. 114. Estoppel of wife from letting legal title to her property remain in husband. 87 C. 99. Legal and equitable title to mortgage are not merged where one makes it and the other acquires it by assignment. 76 C. 223. Husband's right to foreclosure against wife. See Sec. 7325, 7326, 1949 Rev. Id. Wife in whose name husband causes deed of land purchased by him to be taken is bare trustee for him. 91 C. 656. Marriage presumed to be after April 20, 1877, unless proved to be earlier. 93 C. 358. Fraudulent representations of husband as to title of property held jointly with wife do not bind her if made without her knowledge or assent. 94 C. 227. Cited. 108 C. 730; 137 C. 452. Right given married woman to sue husband denied unemancipated child in suit against parent. 109 C. 86. Does not indicate a legislative intent to permit recovery for loss of consortium in any action brought by either a husband or a wife against a third party whose negligence caused disabling injuries to the other spouse. 144 C. 155. Wife can recover from husband because of delict of son who was his agent but is himself immune to suit. 145 C. 663. Right of wife to sue husband is a substantive right. 145 C. 733. Cited. 147 C. 649; 159 C. 486; 165 C. 742, 748; 170 C. 258, 269. Cited. 4 CS 145. Public policy of this state not opposed to right of wife to sue husband in tort for cause of action arising in Pennsylvania before parties were married. 18 CS 297. A wife domiciled in Conn., and living with her husband so domiciled, may not maintain a tort action against the latter in this state for injuries sustained in Massachusetts. 20 CS 403. Public policy forbids maintenance of negligence action by unemancipated minor child against his parents. 24 CS 382. Cited. 30 CS 593. Wife may sue for husband's medical expenses for which she is legally liable. 32 CS 156. Spouses property rights not affected by marriage. 33 CS 44, 46. Annotations to present section: Cited. 178 C. 308, 314. Cited. 183 C. 35, 38, 40. Neither marriage nor an action for dissolution serves, in and of itself, to transfer an interest in property from one spouse to another. 184 C. 530, 534. Cited. 200 C. 290, 308. Cited. 206 C. 31, 34. Cited. 17 CA 431, 434, 435.

Sec. 46b-36a. Short title: Connecticut Premarital Agreement Act.

Sections 46b-36a to 46b-36j, inclusive, may be cited as the Connecticut Premarital Agreement Act.
(P.A. 95-170, S. 9, 11.)
History: P.A. 95-170 effective October 1, 1995, and applicable to any premarital agreement executed on or after that date.

Sec. 46b-36b. Definitions.

As used in sections 46b-36a to 46b-36j, inclusive: (1) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage. (2) "Property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, tangible or intangible, including income and debt.
(P.A. 95-170, S. 1, 11.)
History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date.

Sec. 46b-36c. Form of premarital agreement.

A premarital agreement shall be in writing and signed by both parties. It shall be enforceable without consideration.
(P.A. 95-170, S. 2, 11.)
History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date.

Sec. 46b-36d. Content of premarital agreement.

(a) Parties to a premarital agreement may contract with respect to: (1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; (2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property; (3) The disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event; (4) The modification or elimination of spousal support; (5) The making of a will, trust or other arrangement to carry out the provisions of the agreement; (6) The ownership rights in and disposition of the death benefit from a life insurance policy; (7) The right of either party as a participant or participant's spouse under a retirement plan; (8) The choice of law governing the construction of the agreement; and (9) Any other matter, including their personal rights and obligations. (b) No provision made under subdivisions (1) to (9), inclusive, of subsection (a) of this section may be in violation of public policy or of a statute imposing a criminal penalty. (c) The right of a child to support may not be adversely affected by a premarital agreement. Any provision relating to the care, custody and visitation or other provisions affecting a child shall be subject to judicial review and modification.
(P.A. 95-170, S. 3, 11.)
History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date.

Sec. 46b-36e. Effect of marriage on premarital agreement.

A premarital agreement becomes effective upon marriage unless otherwise provided in the agreement.
(P.A. 95-170, S. 4, 11.)
History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date.

Sec. 46b-36f. Amendment or revocation of premarital agreement after marriage.

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed by the parties. The amended agreement or the revocation shall be enforceable without consideration.
(P.A. 95-170, S. 5, 11.)
History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date.

Sec. 46b-36g. Enforcement of premarital agreement.

(a) A premarital agreement or amendment shall not be enforceable if the party against whom enforcement is sought proves that: (1) Such party did not execute the agreement voluntarily; or (2) The agreement was unconscionable when it was executed or when enforcement is sought; or (3) Before execution of the agreement, such party was not provided a fair and reasonable disclosure of the amount, character and value of property, financial obligations and income of the other party; or (4) Such party was not afforded a reasonable opportunity to consult with independent counsel. (b) If a provision of a premarital agreement modifies or eliminates spousal support and such modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid such eligibility. (c) An issue of unconscionability of a premarital agreement shall be decided by the court as a matter of law.
(P.A. 95-170, S. 6, 11.)
History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date.

Sec. 46b-36h. Enforcement of premarital agreement when marriage void.

If the marriage is held void or voidable, an agreement that would otherwise have been a premarital agreement shall be enforceable only to the extent necessary to avoid an inequitable result.
(P.A. 95-170, S. 7, 11.)
History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date.

Sec. 46b-36i. Statute of limitations re claims under premarital agreement.

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement, except that equitable defenses limiting the time for enforcement, including laches and estoppel, shall be available to either party.
(P.A. 95-170, S. 8, 11.)
History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date.

Sec. 46b-36j. Premarital agreements made prior to October 1, 1995, not affected.

Nothing in sections 46b-36a to 46b-36j, inclusive, shall be deemed to affect the validity of any premarital agreement made prior to October 1, 1995.
(P.A. 95-170, S. 10, 11.)
History: P.A. 95-170 effective October 1, 1995, and applicable to premarital agreements executed on or after that date.

Sec. 46b-37. (Formerly Sec. 46-10). Joint duty of spouses to support family.

Liability for purchases and certain expenses. Abandonment. (a) Any purchase made by either a husband or wife in his or her own name shall be presumed, in the absence of notice to the contrary, to be made by him or her as an individual and he or she shall be liable for the purchase. (b) Notwithstanding the provisions of subsection (a) of this section, it shall be the joint duty of each spouse to support his or her family, and both shall be liable for: (1) The reasonable and necessary services of a physician or dentist; (2) hospital expenses rendered the husband or wife or minor child while residing in the family of its parents; (3) the rental of any dwelling unit actually occupied by the husband and wife as a residence and reasonably necessary to them for that purpose; and (4) any article purchased by either which has in fact gone to the support of the family, or for the joint benefit of both. (c) Notwithstanding the provisions of subsection (a) of this section, a spouse who abandons his or her spouse without cause shall be liable for the reasonable support of such other spouse while abandoned. (d) No action may be maintained against either spouse under the provisions of this section, either during or after any period of separation from the other spouse, for any liability incurred by the other spouse during the separation, if, during the separation the spouse who is liable for support of the other spouse has provided the other spouse with reasonable support. (e) Abandonment without cause by a spouse shall be a defense to any liability pursuant to the provisions of subdivisions (1) to (4), inclusive, of subsection (b) of this section for expenses incurred by and for the benefit of such spouse. Nothing in this subsection shall affect the duty of a parent to support his or her minor child.
(1949 Rev., S. 7308; 1957, P.A. 191; P.A. 77-288, S. 1; P.A. 78-230, S. 17, 54; P.A. 88-364, S. 58, 123; P.A. 92-140.)
History: P.A. 77-288 rephrased section, referring to spouse where previously either husband or wife was specified, added exception re liability for expenses of last illness of deceased spouse and deleted provision which required that husband's property be first applied to support family and entitled wife to indemnity from husband's property for any of her property which was taken or money she was compelled to pay for satisfaction of claims; P.A. 78-230 divided section into Subsecs., rearranging and restating provisions, and deleted provision re liability for expenses of last illness; Sec. 46-10 transferred to Sec. 46b-37 in 1979; P.A. 88-364 changed the first word of Subsec. (a) from "all" to "any"; P.A. 92-140 deleted former Subdivs. (5) and (6) of Subsec. (b), inserted new Subsec. (c) re liability of spouse who abandons spouse without cause, relettering former Subsec. (c) as (d), and added Subsec. (e) re abandonment by spouse as defense to expenses.
See Sec. 45a-393 re payment of funeral and last illness expenses of married person.
Annotations to former section 46-10: Not necessary to first obtain judgment against husband, and have execution returned unsatisfied. 52 C. 406. Plaintiff may sue on implied promise created by statute. Id. Liability of husband for goods purchased for family not limited to those necessary or reasonable. 77 C. 390; 93 C. 453; id., 515. Father not obliged to support child unlawfully detained by mother. 68 C. 256. Husband is liable for wife's reasonable apparel even though he has not abandoned her. 93 C. 515. That goods were purchased by wife in foreign country is immaterial. Id., 516. "While abandoned by her husband" qualifies next preceding clause only. 93 C. 515; 94 C. 267. If goods in fact went to support of family, husband's prior notice to seller not to extend credit to wife is no defense. Id., 267. Whether a plastic surgery operation to improve husband's facial appearance is a "reasonable and necessary" expense depends on all circumstances. 100 C. 168. Common law liability to provide necessaries to wife exists independently of this statute; scope thereof. 102 C. 705. Necessary allegations in action on statute. Id., 706. Cited. 108 C. 730. Wife is not jointly responsible for every business obligation husband undertakes. 111 C. 306; 115 C. 295; 131 C. 156; 134 C. 332; 142 C. 375; id., 553; 143 C. 443; 144 C. 21. There must be a direct relationship between article purchased and the family benefit. 121 C. 663; 124 C. 249. Under former statute it was immaterial that husband supported wife. 112 C. 64. "Family" includes wife. Id. 131 C. 156. In tort action husband entitled to medical expenses for wife's injuries, both past and future. 122 C. 338. However, in suit by wife against husband, she may recover such expenses if creditors look to her for payment. 126 C. 146. Statute does not make wife guarantor but may make her liable on an implied promise. 124 C. 251. Husband has primary obligation to support and may be liable to wife for past support. Id. Her claim is legal rather than equitable and six-year limitation applies. Id. Her claim not defeated by reason of having private means. 132 C. 80. Payment by husband did not toll statute of limitations as to wife 125 C. 202. Three bases of recovery when creditor sues husband for goods furnished wife. 132 C. 77. If wife lives apart without justification, husband's obligation to support is suspended. 136 C. 685. Husband and wife cannot make contract with each other concerning maintenance or custody of child which court is compelled to enforce. 137 C. 74. Undertaker's services are not included in those purchases to which the statute applies. Id., 450. Does not modify common law determining conditions excusing husband from obligation to support wife or child. 138 C. 6. Plaintiff not entitled to recover where her estate had not been depleted in any way and she had not expended money of her own for support. 138 C. 701. The husband must provide for his wife and child within the reasonable limits of his ability. 142 C. 553. Wife's doctors' bills cannot be recovered from husband as damages in tort action. 145 C. 663. Cited. 155 C. 545. In action by wife for indemnification of money paid out by her for support of herself and children, it is immaterial whether second ground for divorce was found where it was proved the defendant had committed adultery and wife was fully justified in living apart from and divorcing him for that reason. 156 C. 628. Cited. 162 C. 546. Section does not exempt wife from any legal obligation towards family. Husband has primary duty to support family, but wife is also liable for family expenses. 170 C. 258, 269, 270. Cited. 175 C. 527, 534. Circumstances under which indemnity is available to wife under this section. 3 CS 211. Cited. 4 CS 144; 14 CS 128; 17 CS 189. There is no statute of limitations affecting this claim. 5 CS 459. Recovery by wife for expenditures for support of the family allowed only for payments actually made. 7 CS 153; 17 CS 208. Wife's right to indemnity is not defeated because she has private means. 13 CS 474; 17 CS 189; 20 CS 9. Liability of husband and wife for medical and hospital expenses rendered a minor child living with them does not exclude a minor married child. 16 CS 84. Conditions under which wife living apart entitled to sums expended and to be expended by her for reasonable necessities for support of family. Id., 235. Where wife left husband without just cause and where her return to him was not in good faith, he was justified in living apart and equitable support was denied wife. 23 CS 221. In absence of divorce husband has primary obligation of paying for support, medical care and burial of wife, and person advancing money for those purposes can recover from husband. Such person has legally protected interest adversely affected by purported divorce decree and may therefore attack decree. 23 CS 306. Judgment against wife leaves unaffected right to indemnification from husband. 30 CS 593. Wife may sue for husband's medical expenses for which she is liable. 32 CS 156. Liability for certain expenses. 33 CS 44, 46. Annotations to present section: Cited. 200 C. 290, 307, 308. Abandonment is a defense to liability. 206 C. 3133, 38, 39. Cited. 234 C. 194, 201. Cited. 235 C. 82, 88, 89. Cited. 21 CA 200, 207, 209. Cited. 26 CA 737, 738, 744, 746, 748. Subsec. (a): Cited. 206 C. 31, 34. Subsec. (b): Cited. 186 C. 167, 175. Subdiv. (6) cited. 206 C. 31, 34. Cited. Id., 31, 34, 35, 37, 38. Subdiv. (2) cited. Id., 31, 34, 36, 39. Cited. 234 C. 194, 209. Subdiv. (4) cited. 3 CA 392, 393, 395. Cited. 21 CA 200, 209. Cited. 26 CA 737, 742, 744747. Cited. 44 CS 169, 182. Subsec. (c): Cited. 206 C. 31, 34, 35. Cited. 21 CA 200, 209. Cited. 26 CA 737, 746.

Sec. 46b-38. Relief from physical abuse by spouse.

Application. Court orders. Duration. Copy. Other remedies. Section 46b-38 is repealed.
(P.A. 77-336, S. 1; P.A. 78-230, S. 51, 54; P.A. 81-272, S. 1; 81-472, S. 149, 159; P.A. 83-319; P.A. 86-337, S. 12.)
Cited. 185 C. 275, 287.

Sec. 46b-38a. Family violence prevention and response: Definitions.

For the purposes of sections 46b-38a to 46b-38f, inclusive: (1) "Family violence" means an incident resulting in physical harm, bodily injury or assault, or an act of threatened violence that constitutes fear of imminent physical harm, bodily injury or assault between family or household members. Verbal abuse or argument shall not constitute family violence unless there is present danger and the likelihood that physical violence will occur. (2) "Family or household member" means (A) spouses, former spouses; (B) parents and their children; (C) persons eighteen years of age or older related by blood or marriage; (D) persons sixteen years of age or older other than those persons in subparagraph (C) presently residing together or who have resided together; and (E) persons who have a child in common regardless of whether they are or have been married or have lived together at any time. (3) "Family violence crime" means a crime as defined in section 53a-24 which, in addition to its other elements, contains as an element thereof an act of family violence to a family member and shall not include acts by parents or guardians disciplining minor children unless such acts constitute abuse. (4) "Institutions and services" means peace officers, service providers, mandated reporters of abuse, agencies and departments that provide services to victims and families and services designed to assist victims and families.
(P.A. 86-337, S. 1; P.A. 87-567, S. 1, 7; P.A. 88-364, S. 59, 123.)
History: P.A. 87-567 amended definition of (1) "family violence" by adding provision re verbal abuse or argument; (2) "family or household member" by adding "and their children", changing "sixteen" to "eighteen" and adding persons sixteen or older other than persons in Subpara. (C); and (3) "family violence crime" by deleting former provisions and adding "in addition to its other elements, contains as an element thereof an act of family violence to a family member and shall not include acts by parents or guardians disciplining minor children unless such acts constitute abuse"; P.A. 88-364 amended Subpara. (D) of Subdiv. (2) to remove a redundant reference to persons who have resided together in the recent past.
Cited. 219 C. 752, 757.

Sec. 46b-38b. Investigation of family violence crime by peace officer.

Arrest, when. Assistance to victim. Guidelines. Education and training program. (a) Whenever a peace officer determines upon speedy information that a family violence crime, as defined in subdivision (3) of section 46b-38a, has been committed within his jurisdiction, he shall arrest the person or persons suspected of its commission and charge such person or persons with the appropriate crime. The decision to arrest and charge shall not (1) be dependent on the specific consent of the victim, (2) consider the relationship of the parties or (3) be based solely on a request by the victim. (b) No peace officer investigating an incident of family violence shall threaten, suggest or otherwise indicate the arrest of all parties for the purpose of discouraging requests for law enforcement intervention by any party. Where complaints are received from two or more opposing parties, the officer shall evaluate each complaint separately to determine whether he should seek a warrant for an arrest. (c) No peace officer shall be held liable in any civil action regarding personal injury or injury to property brought by any party to a family violence incident for an arrest based on probable cause. (d) It shall be the responsibility of the peace officer at the scene of a family violence incident to provide immediate assistance to the victim. Such assistance shall include but not be limited to: (1) Assisting the victim to obtain medical treatment if such is required; (2) notifying the victim of the right to file an affidavit or warrant for arrest; and (3) informing the victim of services available and referring the victim to the Commission on Victim Services. In cases where the officer has determined that no cause exists for an arrest, assistance shall include: (A) Assistance included in subdivisions (1) to (3), inclusive, of this subsection; and (B) remaining at the scene for a reasonable time until in the reasonable judgment of the officer the likelihood of further imminent violence has been eliminated. (e) On or before October 1, 1986, each law enforcement agency shall develop, in conjunction with the Division of Criminal Justice, and implement specific operational guidelines for arrest policies in family violence incidents. Such guidelines shall include but not be limited to: (1) Procedures for the conduct of a criminal investigation; (2) procedures for arrest and for victim assistance by peace officers; (3) education as to what constitutes speedy information in a family violence incident; (4) procedures with respect to the provision of services to victims; and (5) such other criteria or guidelines as may be applicable to carry out the purposes of sections 46b-1, 46b-15, 46b-38a to 46b-38f, inclusive, and 54-1g. Such procedures shall be duly promulgated by said law enforcement agency. (f) The Police Officer Standards and Training Council, in conjunction with the Division of Criminal Justice, shall establish an education and training program for law enforcement officers, supervisors and state's attorneys on the handling of family violence incidents. Such training shall: (1) Stress the enforcement of criminal law in family violence cases and the use of community resources and include training for peace officers at both recruit and in-service levels; (2) include: (A) The nature, extent and causes of family violence; (B) legal rights of and remedies available to victims of family violence and persons accused of family violence; (C) services and facilities available to victims and batterers; (D) legal duties imposed on police officers to make arrests and to offer protection and assistance; (E) techniques for handling incidents of family violence that minimize the likelihood of injury to the officer and promote safety of the victim.
(P.A. 86-337, S. 2; P.A. 87-554; 87-567, S. 2, 7; 87-589, S. 13, 87; P.A. 95-108, S. 15; P.A. 96-246, S. 32.)
History: P.A. 87-554 substituted commission on victim services for criminal injuries compensation board; P.A. 87-567 added "as defined in subdivision (3) of section 46b-38a" after "family violence crime" and deleted former provision of Subsec. (e) re release of person arrested in family violence case; P.A. 87-589 made technical change in Subsec. (d); P.A. 95-108 amended Subsec. (f) to rename Municipal Police Training Council as Police Officer Standards and Training Council; P.A. 96-246 amended Subsec. (e) by deleting references to Subsec. (e) of Sec. 17a-101 and Sec. 17a-107.
Cited. 43 CS 441, 442, 444, 449, 450, 452, 453. Cited. 44 CS 121, 123. Subsec. (a): Cited. 43 CS 441, 443. Subsec. (d): Cited. 23 CA 657, 660. Subsec. (e): Cited. 43 CS 441, 442, 451.

Sec. 46b-38c. Family violence response and intervention units.

Local units. Duties and functions. Pretrial family violence education program. (a) There shall be family violence response and intervention units in the Connecticut judicial system to respond to cases involving family violence. The units shall be coordinated and governed by formal agreement between the Chief State's Attorney and the Judicial Department. (b) The Family Relations Division of the Superior Court, in accordance with the agreement between the Chief State's Attorney and the Judicial Department, shall establish within each geographical area of the Superior Court a local family violence intervention unit to implement sections 46b-1, 46b-15, 46b-38a to 46b-38f, inclusive, and 54-1g. The Family Relations Division shall oversee direct operations of the local units. (c) Each such local family violence intervention unit shall: (1) Accept referrals of family violence cases from a judge or prosecutor, (2) prepare written or oral reports on each case for the court by the next court date to be presented at any time during the court session on that date, (3) provide or arrange for services to victims and offenders, (4) administer contracts to carry out said services, and (5) establish centralized reporting procedures. All information provided to a family relations officer in a local family violence intervention unit shall be for the sole purpose of preparation of the report for each case and recommendation of services and shall otherwise be confidential and retained in the files of such unit, and not be subject to subpoena or other court process for use in any other proceeding or for any other purpose. (d) In all cases of family violence, a written or oral report and recommendation of the local intervention unit shall be available to a judge at the first court date appearance to be presented at any time during the court session on that date. A judge of the Superior Court may consider and impose the following conditions to protect the parties, including but not limited to: (1) Issuance of a protective order pursuant to subsection (e); such order shall be an order of the court, and the clerk of the court shall cause (A) a certified copy of such order to be sent to the victim, and (B) a certified copy of such order to be sent within forty-eight hours of its issuance to the appropriate law enforcement agency; (2) prohibition against subjecting the victim to further violence; (3) referral to a family violence education program for batterers; and (4) immediate referral for more extensive case assessment. (e) A protective order issued under this section may include provisions necessary to protect the victim from threats, harassment, injury or intimidation by the defendant, including but not limited to, an order enjoining the defendant from (1) imposing any restraint upon the person or liberty of the victim; (2) threatening, harassing, assaulting, molesting or sexually assaulting the victim; or (3) entering the family dwelling or the dwelling of the victim. Such order shall be made a condition of the bail or release of the defendant and shall contain the following language: "In accordance with section 53a-110b, any violation of this order constitutes criminal violation of a protective order. Additionally, in accordance with section 53a-107, entering or remaining in a building or any other premises in violation of this order constitutes criminal trespass in the first degree. These are criminal offenses each punishable by a term of imprisonment of not more than one year, a fine of not more than two thousand dollars, or both. Violation of this order also violates a condition of your bail or release, and may result in raising the amount of bail or revoking release." The Department of Public Safety, in cooperation with the Office of the Chief Court Administrator, shall establish a twenty-four-hour registry of protective orders on the Connecticut on-line law enforcement communications teleprocessing system. (f) In cases referred to the local family violence intervention unit, it shall be the function of the unit to (1) identify victim service needs and, by contract with victim service providers, make available appropriate services and (2) identify appropriate offender services and where possible, by contract, provide treatment programs for offenders. (g) There shall be a pretrial family violence education program for persons who are charged with family violence crimes. The court may, in its discretion, invoke such program on motion of the defendant when it finds: (1) That the defendant has not previously been convicted of a family violence crime which occurred on or after October 1, 1986; (2) the defendant has not had a previous case assigned to the family violence education program; (3) the defendant has not previously invoked or accepted accelerated rehabilitation under section 54-56e for a family violence crime which occurred on or after October 1, 1986; and (4) that the defendant is not charged with a class A, class B or class C felony, or an unclassified felony carrying a term of imprisonment of more than ten years, or unless good cause is shown, a class D felony or an unclassified offense carrying a term of imprisonment of more than five years. Participation by any person in the accelerated pretrial rehabilitation program under section 54-56e prior to October 1, 1986, shall not prohibit eligibility of such person for the pretrial family violence education program under this section. The court may require that the defendant answer such questions under oath, in open court or before any person designated by the clerk and duly authorized to administer oaths, under the penalties of perjury as will assist the court in making these findings. The court, on such motion, may refer the defendant to the family violence intervention unit, and may continue his case pending the submission of the report of the unit to the court. The court shall also give notice to the victim or victims that the defendant has requested assignment to the family violence education program, and, where possible, give the victim or victims opportunity to be heard. Any defendant who accepts placement in the family violence education program shall agree to the tolling of any statute of limitations with respect to the crime or crimes with which he is charged, and to a waiver of his right to a speedy trial. Any such defendant shall appear in court and shall be released to the custody of the family violence intervention unit for such period, not exceeding two years, and under such conditions as the court shall order. If the defendant refuses to accept, or, having accepted, violates such conditions, his case shall be brought to trial. If the defendant satisfactorily completes the family violence education program and complies with the conditions imposed for the period set by the court, he may apply for dismissal of the charges against him and the court, on finding satisfactory compliance, shall dismiss such charges. Upon dismissal all records of such charges shall be erased pursuant to section 54-142a. (h) A fee of two hundred dollars shall be paid to the court by any person who enters the family violence education program, except that no person shall be excluded from such program for inability to pay the fee, provided (1) the person files with the court an affidavit of indigency or inability to pay and (2) the court enters a finding thereof. All such fees shall be credited to the General Fund. (i) The Judicial Department shall establish an ongoing training program for judges, Family Division personnel, bail commissioners and clerks to inform them about the policies and procedures of sections 46b-1, 46b-15, 46b-38a to 46b-38f, inclusive, and 54-1g, including but not limited to, the function of the family violence intervention units and the use of restraining and protective orders.
(P.A. 86-337, S. 3; P.A. 87-567, S. 3, 7; P.A. 89-219, S. 1, 10; P.A. 91-6, S. 2, 3; 91-24, S. 3; 91-381, S. 4; P.A. 93-280, S. 2; 93-343; P.A. 96-180, S. 125, 166; 96-246, S. 33, 34.)
History: P.A. 87-567 amended Subsec. (c) by adding "to be presented at any time during the court session on that date" and provision re confidentiality of information provided to family relations officer; amended Subsec. (d) by adding "to be presented at any time during the court session on that date"; and amended Subsec. (g) by changing "two hundred" to "fifty"; P.A. 89-219 amended Subsec. (g) by increasing the fee from fifty to one hundred dollars; P.A. 91-6 amended Subsec. (c) by deleting Subdiv. (5) re provision of monitoring systems for all restraining and protective orders; P.A. 91-24 amended Subsec. (f) to authorize the court to require the defendant to answer questions under oath "before any person designated by the clerk and duly authorized to administer oaths"; P.A. 91-381 amended Subsec. (d) by adding "pursuant to subsection (e)" after "protective order" and inserted new Subsec. (e) re provisions of protective order, including specific language required to be contained in such order and requiring that order be made a condition of bail or release of defendant, relettering remaining Subsecs. as necessary; P.A. 93-280 amended Subsec. (h) by increasing the fee for person entering family violence education program from one hundred to two hundred dollars; P.A. 93-343 amended Subsec. (e) by adding provision re establishment of twenty-four-hour registry of protective orders on the Connecticut on-line law enforcement communications teleprocessing system; P.A. 96-180 made technical change in Subsec. (e) by changing fine from one to two thousand dollars in accordance with P.A. 92-256, effective June 3, 1996; P.A. 96-246 amended Subsecs. (b) and (i) by deleting references to Subsec. (e) of Sec. 17a-101 and Sec. 17a-107.
Cited. 219 C. 752, 757.

Sec. 46b-38d. Family violence offense report by peace officer.

Compilation of statistics by Commissioner of Public Safety. Report to Governor and General Assembly. (a) A peace officer who responds to a family violence incident shall complete a family violence offense report, whether or not an arrest occurs. (b) Each police department, including resident troopers and constables, shall report all family violence incidents where an arrest occurs to the Commissioner of Public Safety, who shall compile statistics of family violence crimes and cause them to be published annually in the Connecticut Uniform Crime Reports. An offense shall be counted for each incident reported to the police. A zero shall be reported if no incidents have occurred during the reporting periods. (c) For the purpose of establishing accurate data on the extent and severity of family violence in the state and on the degree of compliance with the requirements of sections 46b-38a to 46b-38f, inclusive, the Commissioner of Public Safety shall prescribe a form for making family violence offense reports. The form shall include, but is not limited to, the following: (1) Name of the parties; (2) relationship of the parties; (3) sex of the parties; (4) date of birth of the parties; (5) time and date of the incident; (6) whether children were involved or whether the alleged act of family violence was committed in the presence of children; (7) type and extent of the alleged abuse; (8) existence of substance abuse; (9) number and types of weapons involved; (10) existence of any prior court orders; (11) any other data that may be necessary for a complete analysis of all circumstances leading to the arrest. (d) A copy of the family violence offense report shall be forwarded to the state's attorney for the appropriate judicial district in cases where an arrest has been made. (e) The Department of Public Safety shall tabulate and compile data from the family violence offense reports and report such compilation annually for the five years following October 1, 1986, to the Governor and the General Assembly. (f) Any person required to report under the provisions of this section who fails to make such report shall be fined not more than five hundred dollars.
(P.A. 86-337, S. 4.)

Sec. 46b-38e. Medical data collection reports.

Form. Compilation of data by Department of Public Safety. Report to Governor and General Assembly. Section 46b-38e is repealed.
(P.A. 86-337, S. 5; P.A. 91-381, S. 6.)

Sec. 46b-38f. Statistical summary of family violence cases maintained by Family Division.

Annual report to Governor and General Assembly. (a) The Family Division shall maintain a statistical summary of all family violence cases referred to the family violence intervention units. Such summary shall include, but not be limited to, the number of family violence cases referred, the nature of the cases and the charges and dispositions. (b) The statistical summary reports prepared by the Family Division shall be submitted to the Department of Public Safety on a monthly basis. The Department of Public Safety shall compile and report annually for a period of five years to the Governor and the General Assembly the tabulated data of family violence crime reports.
(P.A. 86-337, S. 8.)

Sec. 46b-38g. Programs for children impacted by domestic violence.

The Chief Court Administrator shall, within available appropriations, establish programs for children impacted by domestic violence.
(P.A. 93-280, S. 1.)

CHAPTER 815j*

DISSOLUTION OF MARRIAGE, LEGAL SEPARATION AND ANNULMENT

____________ *Statement of the Law Revision Commission: Public Act 78-230 and the recodification of the statutes in this chapter are intended to constitute merely a technical revision and are not intended to effect any substantive change in the law. See chapter 815o re Uniform Child Custody Jurisdiction Act. Annotations formerly to chapters 810 and 811: Person not a party to divorce proceedings may not collaterally attack divorce decree unless he had legally protected interest adversely affected by decree. 23 CS 275. In absence of divorce, husband has primary obligation of paying for support, medical care and burial of wife, and person advancing money for those purposes can recover from husband. Such person has legally protected interest adversely affected by purported divorce decree and may attack its validity. 23 CS 306. Annotations to chapter 811: Cited. 168 C. 579. The superior court, having obtained jurisdiction over the custody of minor children in a dissolution of marriage action, retains jurisdiction over their custody even though one parent subsequently dies. 31 CS 188. State's public policy re permissible grounds for divorce in recognizing foreign decrees evaluated as of date of Connecticut hearing, hence irretrievable breakdown allowable. 31 CS 344. Cited. 32 CS 92. Cited. 33 CS 44, 46. Annotations to present chapter: Cited. 185 C. 156, 157. Cited. 188 C. 385, 400. Cited. 5 CA 95, 99. Cited. 20 CA 500, 510. Secs. 46b-4046b-87 cited. 22 CA 337, 339. Cited. 26 CA 737, 745.

PART I

GENERAL PROVISIONS

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

(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.
(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.)
History: P.A. 74-169 rephrased Subsec. (c) and applied provisions to decrees of legal separation; P.A. 78-230 restated provisions, adding Subdiv. indicators in Subsec. (c) and creating Subsecs. (d) and (e) from provisions formerly in Subsec. (c); Sec. 46-32 transferred to Sec. 46b-40 in 1979; P.A. 91-19 added Subsec. (f) defining "adultery".
See Sec. 46b-48 re dissolution of marriage or annulment upon conviction of crime against chastity.
Annotations to former section 46-13: Petitioner's presence dispensed with in certain cases. K. 270. "Fraudulent contract" includes those cases only which render marriage void ab initio. 1 D. 114. Decree may be reversed on error. Id. The fact that a petition was to be made by procurement of respondent would be good ground for dismissing it. 4 D. 351. Sufficient if nonresident has actual notice and appears by attorney. 5 D. 358. Corporal imbecility in former statute means a permanent and incurable impotency to consummate the marriage, and such impotency must be shown by proper averment. 8 C. 167. Fraudulent representations must be set forth. Id., 167. Divorce terminates husband's curtesy rights. 8 C. 541; 10 C. 230. Adultery condoned by cohabitation after knowledge. 9 C. 235. Knowledge that offending party had been convicted of adultery sufficient. Id., 235. An act of general assembly dissolving marriage procured by fraud renders it void only in futuro. Id., 328. Language calculated to wound the feelings insufficient; the cruelty required must be intolerable in fact. 17 C. 193, 194; 97 C. 694; 99 C. 430; 100 C. 3; 102 C. 755. Unreasonable exercise by husband of his marital right is not the cruelty contemplated unless he knew it was injurious and dangerous to wife. 17 C. 195; 61 C. 234. Husband not liable for wife's legal expenses in procuring divorce. 18 C. 421. Effect of, on responsibility for support of children. 22 C. 417. Proof of adultery inadmissible unless distinctly charged. 41 C. 40. Petition alleging adultery should be defined as to times, places and persons. Id., 40. A general finding of court that "respondent had not been guilty of intolerable cruelty" negatives specific allegation of cruelty. 43 C. 274. Desertion consists in a cessation of cohabitation, with a determination on part of offender not to renew it. 43 C. 318. Separation from necessity, such as inability by husband to support wife, does not constitute desertion. Id., 318, 319. Divorce granted for misconduct of wife as a matter of law does not revoke a legacy to her. 48 C. 504. Habitual intemperance a question of fact left to determination of trial court. 68 C. 192. When act of adultery was brought about by the connivance of petitioner, divorce will not be granted. Id., 195. Humiliating wife by obscene profane language and appearing before her intoxicated, knowing her dangerous condition of health, and communicating to her infectious disease constitutes intolerable cruelty. 70 C. 427. Furnishing support to a wife under order of court, though having deserted her, does not necessarily prevent court from finding husband guilty of desertion with total neglect of duty. 72 C. 571. Attitude of state as to divorce. 68 C. 186; 72 C. 151; id., 569; 78 C. 242. Nature of legislative divorce. 69 C. 585. No one has vested right to divorce; cause must exist at time of trial; evidence of actions since bringing of action admissible. 73 C. 54. Discretion of court 78 C. 262. Desertion. 72 C. 569; 84 C. 591; 90 C. 660; 91 C. 617; 97 C. 490; 126 C. 178; 131 C. 356; id., 437. Fraudulent contract. 78 C. 242; 90 C. 399; 110 C. 443; 114 C. 7; 115 C. 303. Who may attack decree for fraud. 69 C. 652; 73 C. 493. Prior divorce a defense. 88 C. 689. Not so, foreign divorce a mensa et thoro. 91 C. 617. Rabbinical divorce as abandonment. 90 C. 213. What constitutes intolerable cruelty. 95 C. 61; 107 C. 489; 110 C. 695; 126 C. 178. Proof of adultery should be clear. 96 C. 275. Four elements necessary to constitute desertion. 97 C. 490. Subsequent misconduct justifying divorce destroys effect of condonation and revives earlier, condoned offense. 100 C. 523. Unfounded accusations of adultery held to constitute intolerable cruelty under circumstances. 101 C. 84. Jurisdiction of court to order allowance to defend. 103 C. 197; 104 C. 415. Jurisdiction of superior court in general. 97 C. 443. State of domicile may grant divorce for any cause allowed by its laws, even though it was not a ground for divorce in place where committed. 108 C. 302. Law of forum governs throughout. Id. Condonation; removal of bar by subsequent conduct. Id., 303. Fraud by nondisclosure of facts. 110 C. 446. Misrepresentations as to age, name and nationality insufficient to dissolve consummated marriage. 114 C. 12. Misrepresentations as to continence in past condoned. Id., 11. Laches as ground for denial of divorce based on fraudulent contract. 115 C. 303. Concealment of epilepsy as fraudulent contract: Id. Divorce and annulment distinguished. 119 C. 197. Refusal of martial relations is not in itself desertion. 126 C. 178. Assault with intent to commit rape is an "infamous crime." 128 C. 128. In desertion an innocent plaintiff need not attempt reconciliation. 131 C. 356; id., 437. Cited. 133 C. 457. Fact that parties lived in same house pending decision is not conclusive on issue of intolerable cruelty. 134 C. 658. Cited. 136 C. 192; 143 C. 727. Where court did not find as a fact that separation was without plaintiff's consent, a conclusion of wilful desertion could not be sustained. 137 C. 165. Interest which state has in outcome justified court in denying decree despite unequivocal testimony on vital element in desertion case. 138 C. 490. Rule of superior court which permits amendment to complaint stating a ground for divorce alleged to have arisen since commencement of action does not affect substantive rights and is purely procedural. 139 C. 163. Intolerable cruelty must be shown subjectively as well as objectively. 144 C. 568. If ground for divorce is clearly established, plaintiff is not precluded from judgment by reason that evidence lacked corroboration of other witnesses. 151 C. 180. Cited. 152 C. 156 (Fn 2). Adultery will be presumed upon proof that spouse has gone through a formally valid marriage ceremony with another and that spouse is living with that other. 153 C. 301. Cited. 154 C. 703. These grounds for divorce not necessary for granting divorce upon basis of continued legal separation under section 46-30. 157 C. 85. Institution of confinement must be in this state. 4 CS 243. Voluntary furnishing of support prevents proof of "total neglect of duty." Id., 499; 11 CS 14. Cited. 5 CS 34; 17 CS 233. Refusal of sexual intercourse as desertion discussed. 7 CS 197. Attempt to commit rape only attempt to violate conjugal duty and therefore not grounds for divorce. 9 CS 122. Silence as consent to separation. Id., 231. Ingredients of desertion. 10 CS 71. "Duty" in wilful desertion means the duty to cohabit and includes no others. 14 CS 129. Plaintiff cannot amend a complaint for intolerable cruelty to include desertion unless three years have elapsed prior to the commencement of the original suit. Id., 442. Confinement in an institution must be actual. The fact that one who escapes is still subject to confinement is not enough. 16 CS 130. Proving that habitual intemperance existed until the separation of the parties comes directly within the provisions of section 1-1 as to pending actions. Id., 446. Desertion provision of three years discussed. 17 CS 161. To justify divorce on ground of mental illness, court must find that illness is incurable. Id., 410. Three years of desertion must elapse before suit is brought not before trial. Id., 483. Adultery by plaintiff after desertion by defendant is a recriminatory bar to divorce. 18 CS 312. False accusations of adultery or unchastity held to constitute intolerable cruelty. 20 CS 435. Evidence of conviction of a crime of injury or risk of injury to children held not to support a divorce decree, for the crime is not of such a nature that the record of conviction necessarily conveys the essentials that it is infamous, that involves a violation of conjugal duty, and that it is punishable by imprisonment in the State Prison. 21 CS 198. Condonation should be specially pleaded as a defense. 21 CS 228. An offense which has been condoned may be revived not only by a repetition of the same offense but also by the subsequent commission of other marital offenses constituting a ground of divorce. Id. Conditions necessary to sustain a decree of divorce for desertion. 21 CS 301. In action on ground of intolerable cruelty, mere wrangling over money matters held not intolerable cruelty and that plaintiff desired freedom from marriage is not enough. 22 CS 96. Nagging not intolerable cruelty. Id., 146. Claim of husband that conduct was not adulterous because the woman was not married held not relevant in divorce action although criminal statute (section 53-218) specifies married woman. 22 CS 147. If there is necessary domicile and requirements of our statutes as to notice to nonresident defendant are complied with, court has jurisdiction to grant divorce. 23 CS 161. Discussion of what constitutes wilful desertion; desertion may be actual or constructive. Husband may choose and fix domicile if, in doing so, he acts reasonably, and wife's unjustifiable refusal to accompany or follow him to new domicile constitutes desertion which is constructive. Id. Where parties gave no proof of Nevada divorce decree, nor of ground upon which it was granted, court refused to make Nevada judgment its own judgment by stipulation of parties. Also refused to award alimony to wife where Nevada divorce was obtained because of her misconduct. 23 CS 368. Cited. 25 CS 239. Special defense to complaint alleging intolerable cruelty that defendant is under conservatorship is insufficient and plaintiff's demurrer thereto is sustained. 27 CS 459. In action on ground of intolerable cruelty proof was lacking that conduct of defendant was intended by him to be cruel and that plaintiff had become tired of defendant as husband was no grounds for divorce. 28 CS 24. Continued relations of plaintiff with another man for whom she bought a trailer was sufficient provocation to constitute defense to her action for divorce on grounds of intolerable cruelty, her conduct having provoked husband to strong language complained of. 28 CS 336. Cited. 4 Conn. Cir. Ct. 647. Annotations to former section 46-28: "Alimony" discussed. 77 C. 31. New York marriage void for lack of consent. 119 C. 197. Consent and intent essential to afford mutuality of a valid contract existed. 136 C. 196. Where both parties to an action for annulment of a void marriage are nonresidents and the defendant is not served with process within this state, the fact that the marriage was performed within this state does not empower the court to obtain jurisdiction over the defendant by constructive service and render a judgment annulling the marriage. 142 C. 175. Superior court has jurisdiction over subject matter of annulment where plaintiff is domiciled in Connecticut whether ground relied on would make marriage voidable. 152 C. 155. Power and jurisdiction of court over marriage is purely statutory and must be strictly construed. 1 CS 76. Court does not have power to order alimony pendente lite in annulment proceeding. 5 CS 224. In declaratory judgment with respect to marital status where one has gone through form of second marriage, second woman not entitled to alimony pendente lite, but is entitled to allowance to defend. 9 CS 1. Legislature intended laws of state where marriage was performed relating to voidability of marriage apply. Id., 100. Deception as to osteomyelitis not reason to annul marriage. 11 CS 361. An action for declaratory judgment declaring a Connecticut marriage void may be maintained in the superior court, notwithstanding that all the parties are nonresidents, where service was made in accordance with Connecticut statutes. 12 CS 276. Cited. 14 CS 317. Couple married in New York entitled to annulment where one was physically incapable of entering into marriage even though action in Connecticut brought more than five years after marriage and would be cut off by New York statute of limitations. 15 CS 77. Where agreement between parties that defendant would seek annulment six weeks after marriage annulment not warranted. Cases reviewed. 16 CS 101. Request of husband to join Roman Catholic church after marriage not basis for rendering marriage voidable. Id., 419. Does not empower courts of this state to apply the law of the state in which the marriage took place as to the legitimacy of the children of such marriage. 18 CS 474. Fraudulent premarital representation by wife that she is willing to bear children held not sufficient cause to declare marriage void. 23 CS 201. In action for annulment on grounds of invalidity of defendant's Mexican divorce from first wife, held plaintiff could not make collateral attack on validity of divorce because she had no legally protected interest which was adversely affected by the decree. 23 CS 275. Where defendant had no intention, at the time of the ceremony, to consummate marriage, decree of annulment was granted. 25 CS 239. Annulment is decree based on theory that marriage is void ab initio. Id. Action brought under this section seeks relief which is equitable in nature. 26 CS 260. Marriage entered into by plaintiff with defendant in New York while plaintiff was already married is bigamous and void under New York law. Hence action for annulment allowed although lawful husband of plaintiff had since died. 27 CS 342. Court has same power to award alimony in annulment cases as in divorce. 29 CS 44. Annotations to former section 46-32: Subsec. (b): Cited. 183 C. 433, 437. Subsec. (c): 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, 126. Annotations to present section: Constitutional even without judicial guidelines to limit discretionary fact-finding of trial courts as to irretrievable breakdown (Subsec. (c)(1)). 178 C. 254256. Cited. 184 C. 307, 308. Cited. 190 C. 269, 278; Id., 657, 660. Cited. 194 C. 312, 313, 315, 325, 326. Cited. 224 C. 749, 751. Cited. 13 CA 282, 284. Cited. 25 CA 210, 211, 213, 214. Subsec. (a): Subdiv. (1) cited. 35 CA 581, 587. Subsec. (b): Cited. 15 CA 96, 97. Subsec. (c): Subdiv. (1) cited. 179 C. 568, 572. Irretrievable breakdown not unconstitutionally vague within strictures of due process. 181 C. 225227. Subdiv. (1) cited. 183 C. 512. Cited. 184 C. 558, 567. Subdiv. (3) cited. 185 C. 156, 157. Cited. 190 C. 657, 659. Subdiv. (1) cited. 4 CA 611, 613. Subdiv. (9) cited. 13 CA 632, 636.

Sec. 46b-41. (Formerly Sec. 46-36a). Complaint includes cross-complaints or cross actions.

Whenever the word "complaint" is used in this chapter or section 46b-1 or 51-348a, it shall include cross-complaints or cross actions where appropriate.
(P.A. 74-169, S. 15, 18.)
History: Sec. 46-36a transferred to Sec. 46b-41 in 1979 and internal section references revised as necessary to reflect transfer of those sections.

Sec. 46b-42. (Formerly Sec. 46-33). Jurisdiction.

The superior court shall have exclusive jurisdiction of all complaints seeking a decree of annulment, dissolution of a marriage or legal separation.
(P.A. 73-373, S. 2.)
History: Sec. 46-33 transferred to Sec. 46b-42 in 1979.
Annotations to former section 46-33: Cited. 34 CS 251, 255. Cited. Id., 628, 630. Annotations to present section: Cited. 11 CA 150. Cited. 13 CA 282, 284.

Sec. 46b-43. (Formerly Sec. 46-34). Capacity of minor to prosecute or defend.

Any married minor may, in his own name, prosecute or defend to final judgment an action for annulment or dissolution of a marriage or for legal separation and may participate in all judicial proceedings with respect thereto.
(1971, P.A. 8; P.A. 73-373, S. 41; P.A. 78-230, S. 19, 54.)
History: P.A. 73-373 substituted "annulment or dissolution of marriage" for "divorce" and authorized married minor to participate in all judicial proceedings relating to annulment, dissolution or legal separation; P.A. 78-230 made technical change; Sec. 46-34 transferred to Sec. 46b-43 in 1979.

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

(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 by 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.
(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.)
History: P.A. 74-169 substituted "either party" for "plaintiff" and added feminine personal pronouns where occurring; P.A. 78-230 reordered and restated provisions and divided section into Subsecs.; Sec. 46-35 transferred to Sec. 46b-44 in 1979 and internal section references revised as necessary to reflect sections' transfer; May Sp. Sess. P.A. 92-11 made a technical change in Subsec. (c).
Annotations to former sections 46-15 and 46-35: Construction of this section with regard to residence. 17 C. 286; 103 C. 193; 105 C. 504; 108 C. 300. Waiver of jurisdictional fact does not necessarily imply collusion. 35 C. 56. Spending winters out of the state not inconsistent with continuous residence in this state. 70 C. 426. As to residence necessary to give jurisdiction to foreign court so that its decree will be recognized here. 88 C. 689. Effect of divorce decreed against a nonresident. 201 U.S. 562. Residence requires more than technical domicile. 103 C. 193; 130 C. 656. Power of court to grant allowance to defend when it has no jurisdiction to grant divorce under this section. 103 C. 197; 104 C. 415. Facts held insufficient. 105 C. 504. When a wife may establish a separate domicile; frequent temporary visits out of state held not to affect acquisition of separate domicile. 108 C. 296. Question of continuous residence is one of fact. 132 C. 4. The expression "removal into this state" assumes plaintiff is here when action brought. Id., 5. Provision de persons in armed forces construed. Id., 185. Cited. 138 C. 8. Where act of abandonment took place while plaintiff was domiciled in Massachusetts, plaintiff's cause of divorce did not arise after she removed to this state. 139 C. 149. Pertains to divorce only and does not apply to annulment actions. 142 C. 173. Referee's finding upon reasonable evidence that plaintiff was domiciled in Connecticut at time of marriage, coupled with uncontested finding that plaintiff reacquired domicile here prior to bringing of action, satisfies jurisdictional requirements of statute. 154 C. 389. Jurisdiction for legal separation and divorce, under former Secs. 46-15 and 46-29, interrelationship of sections. 166 C. 476. Under this 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, 435. Cited. Id., 433, 435437, 439. Cited. 4 CA 581, 583. What constitutes domicile. 7 CS 351. Cause of action held to arise after removal to this state where wife moved into state at husband's request thus condoning former acts and giving rise to new cause of action. 12 CS 216. Meaning of "at the time of the marriage." Id., 418. For the misconduct to occur within the state, it is probable that the defendant be present. 13 CS 44. What constitutes intent to permanently remain. 14 CS 85. What constitutes "removal into this state." 15 CS 1. Presence in this state while in the armed forces does not constitute residence. Id., 253. Cited. 16 CS 443. A course of conduct begun elsewhere and merely continued after removal into the state does not meet the requirements of the statute. 17 CS 335. Plaintiff's parents were domiciled in New York and after reaching his majority he spent his vacations in Connecticut while working in several other states, held this did not give plaintiff domicile in this state at the time of his marriage. 21 CS 359. Annotations to present section: Cited. 208 C. 329, 331. Cited. 226 C. 1, 5. Cited. 3 CA 679, 683. Cited. 4 CA 581, 583. Cited. 10 CA 566, 568. Cited. 13 CA 632, 635. Cited. 27 CA 142, 145. Cited. 41 CA 382, 383, 387, 388. Cited. 41 CS 258, 259, 265, 266. Subsec. (a): Cited. 10 CA 566, 568. Cited. 41 CS 258, 267. Subsec. (c): Subdiv. (1) cited. 10 CA 566, 568, 569. Subdiv. (2) cited. Id., 566568. Subdiv. (3) cited. Id. Cited. 22 CA 410, 415. Subdiv. (1) cited. Id. Subdiv. (2) cited. Id., 410, 416. Cited. 33 CA 214, 218. Subdiv. (1) cited. 41 CS 258, 265.

Sec. 46b-45. (Formerly Sec. 46-36). Service and filing of complaint.

(a) A proceeding for annulment, dissolution of marriage or legal separation shall be commenced by the service and filing of a complaint as in all other civil actions in the Superior Court for the judicial district in which one of the parties resides. The complaint may also be made by the Attorney General in a proceeding for annulment of a void marriage. The complaint shall be served on the other party. (b) If any party is an inmate of a mental institution in this state, a copy of the complaint shall be served on the Commissioner of Administrative Services personally or by registered or certified mail. If any party is confined in an institution in any other state, a copy shall be so served on the superintendent of the institution in which the party is confined.
(P.A. 73-373, S. 4; P.A. 74-169, S. 3, 18; P.A. 77-614, S. 70, 610; P.A. 78-230, S. 21, 54; 78-280, S. 2, 127.)
History: P.A. 74-169 clarified provisions, substituting "service and filing of a complaint as in all other civil actions" for "making a complaint"; P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services; P.A. 78-230 divided section into Subsecs. and restated provisions; P.A. 78-280 deleted reference to counties, a change effected as well in P.A. 78-230; Sec. 46-36 transferred to Sec. 46b-45 in 1979.
See Sec. 46b-10 re reconciliation attempts ordered by court in action for dissolution of marriage, legal separation or annulment.
Annotations to former sections 46-14 and 46-36: Proceedings are civil throughout, though crime must be proved if plaintiff is to succeed. 30 C. 107. Petition for divorce is purely statutory. 35 C. 54. Filing supplemental bill not to be sanctioned, but if respondent is present and makes no objection, he waives any error. Id., 54. Judgment for alimony as a judgment debt. 80 C. 609; 218 U.S. 1. Conveyance by husband to prevent attachment as fraudulent. 68 C. 580; 78 C. 414. Remarriage does not affect the obligation of husband to support former wife. 116 C. 636. Since this section does not provide any special mode of service of process, section 52-57 governing service of process in civil actions is applicable. The same is true for legal separation. In all ordinary situations, service on a person domiciled in, but absent from, the state by leaving a copy of the process at his usual place of abode in the state is reasonably calculated to give notice and therefore meets the requirements of due process of law for an in personam judgment. 150 C. 15. A motion to dismiss or erase reaches only defects appearing on the face of the record. Since nothing about the Nevada proceeding was apparent on the face of the record, the claimed fact that the plaintiff obtained a divorce under counterclaim in those proceedings did not furnish a ground for erasing the present action. Id. Cited. 173 C. 161, 162. Cited. 16 CS 443. The marriage of a minor resulting in his emancipation does not permit him to sue in his own name in a divorce proceeding. 21 CS 376. Right of wife to an allowance to defend a divorce action discussed. 21 CS 497. Defendant's claim for support may properly be joined with her claim for divorce in cross complaint to plaintiff's action for divorce. 23 CS 352. Where parties gave no proof of Nevada divorce decree, nor of ground on which it was granted, court refused to make Nevada judgment its own by stipulation of parties. Also refused to award alimony to wife where Nevada divorce was obtained because of her misconduct. 23 CS 368. Divorce will not be granted where both parties are equally in the wrong, nor have we adopted a policy of comparative guilt. 23 CS 495. The mode of procedure in obtaining a legal separation and a divorce is identical. 26 CS 284, 289. Cited. 31 CS 188. Annotations to present section: Cited. 181 C. 225, 226. Cited. 185 C. 249, 252; Id., 491, 493. Cited. 208 C. 329, 331, 336, 337. Cited. 224 C. 749, 750. Cited. 35 CA 449, 451.

Sec. 46b-45a. Allegation of pregnancy in pleadings.

Disagreement as to paternity. Hearing. (a) If, during the pendency of a dissolution or annulment of marriage, the wife is pregnant, she may so allege in the pleadings. The parties may in their pleadings allege and answer that the child born of the pregnancy will or will not be issue of the marriage. (b) If the parties to a dissolution or annulment of marriage disagree as to whether or not the husband is the father of the child born of the pregnancy, the court shall hold a hearing within a reasonable period after the birth of the child to determine paternity.
(P.A. 84-386.)
Cited. 234 C. 51, 64.

Sec. 46b-46. (Formerly Sec. 46-39). Notice to nonresident party.

Jurisdiction over nonresident for alimony and support. (a) On a complaint for dissolution, annulment, legal separation or custody, if the defendant resides out of or is absent from the state or the whereabouts of the defendant is unknown to the plaintiff, any judge or clerk of the Supreme Court or of the Superior Court may make such order of notice as he deems reasonable. After notice has been given and proved to the court, the court may hear the complaint if it finds that the defendant has actually received notice that the complaint is pending. If it does not appear that the defendant has had such notice, the court may hear the case, or, if it sees cause, order such further notice to be given as it deems reasonable and continue the complaint until the order is complied with. Nothing in this section shall be construed to affect the jurisdictional requirements of chapter 815o in a complaint for custody. (b) The court may exercise personal jurisdiction over the nonresident party as to all matters concerning temporary or permanent alimony or support of children, only if: (1) The nonresident party has received actual notice under subsection (a) of this section; and (2) the party requesting alimony or support of children meets the residency requirement of section 46b-44.
(1949 Rev., S. 7330; P.A. 73-373, S. 9; P.A. 75-276; P.A. 78-230, S. 24, 54; P.A. 91-391, S. 3; P.A. 95-310, S. 1, 9.)
History: P.A. 73-373 substituted complaints "for dissolution or annulment of marriage or for legal separation" for complaints "for divorce"; P.A. 75-276 added Subsec. (b) re court's jurisdiction over nonresident party in matters concerning alimony or support; P.A. 78-230 rephrased provisions and substituted "defendant" for "adverse party"; Sec. 46-39 transferred to Sec. 46b-46 in 1979 and reference to Sec. 46-35 renumbered to reflect its transfer; P.A. 91-391 amended Subsec. (a) by adding "or custody" after "legal separation" and adding "Nothing in this section shall be construed to affect the jurisdictional requirements of chapter 815o in a complaint for custody"; (Note: In 1995 the words "to all", which were omitted inadvertently during the preparation of the 1979 revision, were reinstated editorially by the Revisors in Subsec. (b) after the words "party as"); P.A. 95-310 amended Subsec. (b) by deleting Subdiv. (3) requiring both parties' domicile in state immediately prior to or at time of separation, effective January 1, 1996.
Annotations to former section 46-17: Not indispensable that service of notice should be certified by oath of party serving. 23 C. 243. Notice contemplated is one which will be most likely to reach defendant. 133 C. 458. Pertains to divorce only and does not apply to annulment actions 142 C. 173. Cited. 147 C. 238. This statute authorizes but does not require an order of notice in a divorce action when the defendant resides out of or is absent from the state. Resort to the statute is unnecessary if the service utilized itself satisfies due process 150 C. 15. Cited. 199 C. 287, 288, 290292. Cited. 226 C. 14, 79. Where there was no service on the defendant in the manner directed, the result is not a mere defect or irregularity but a complete failure to effect any service whatever. 4 CS 140. Cited. 14 CS 204. Where defendant had once lived in Stamford but left there before the divorce action was commenced, notice of the action in a Stamford newspaper is not sufficient notice. Id., 321. Subsec. (a): Cited. 226 C. 1, 58. Annotations to present section: Cited. 199 C. 287, 289. Cited. 208 C. 329, 331. Cited. 222 C. 906. Order of notice requirement is permissive, not mandatory. 226 C. 14, 79. Cited. 27 CA 142, 146, 147. Cited. 41 CA 382, 386. Cited. 41 CS 429, 431433. Subsec. (a): Cited. 178 C. 308, 309. Cited. 199 C. 287, 288, 290292. Cited. 226 C. 1, 58. Cited. 27 CA 142, 144. Cited. 41 CA 382, 383, 386, 387. Subsec. (b): Statute permits court to modify a dissolution judgment to require nonresident defendant to pay child support if latter had actual notice of modification proceedings. Reference to Subsec. (a) of statute discussed. 199 C. 287, 290294. Subdiv. (2) cited. 226 C. 1, 5. Subdiv. (3) cited. Id. Cited. Id., 1, 5, 6. Cited. 3 CA 679, 683. Cited. 27 CA 142147. Cited. 41 CA 382388.

Sec. 46b-47. (Formerly Sec. 46-40). Complaint for dissolution of marriage on ground of confinement for mental illness; procedure.

(a) A copy of the writ and complaint in an action or cross action for dissolution of marriage or legal separation on the ground of confinement for mental illness shall be served on the adverse party, on the conservator, if any, and on the Commissioner of Administrative Services at Hartford. Service on the conservator, if resident outside the state, and on the commissioner, may be made by registered or certified mail. If the adverse party is confined in any other state, a copy shall be served on the superintendent of the institution in which the adverse party is confined. (b) If the conservator does not appear in court, or if the adverse party has no conservator, the court shall appoint a guardian ad litem for the adverse party. (c) On motion of either party, the court shall appoint two or more psychiatrists who are diplomates of the American Board of Psychiatry and Neurology and who are not on the staff of any state hospital for mental illness, who shall investigate the mental status of such person. Within a reasonable time thereafter, the psychiatrists shall report to the court the facts found by them together with their opinion as to the probability of further indefinite prolonged hospitalization for the mental illness. The testimony of no psychiatrists other than those appointed by the court shall be received upon the trial of such action. (d) The fees and expenses of the psychiatrists and of the guardian ad litem shall be fixed by the court and shall be paid by the plaintiff.
(1949 Rev., S. 7331; 1951, S. 3003d; 1957, P.A. 502, S. 2; P.A. 73-373, S. 11; P.A. 74-169, S. 7, 18; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 78-230, S. 25, 54.)
History: P.A. 73-373 substituted actions for "dissolution of a marriage" for "divorce" actions; P.A. 74-169 applied provisions to legal separations and to cross actions and substituted "adverse party" for "defendant"; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 substituted commissioner of human resources for commissioner of social services, effective January 1, 1979; P.A. 78-230 divided section into Subsecs., restated provisions and substituted commissioner of administrative services for commissioner of social services, negating name change called for by P.A. 77-614; Sec. 46-40 transferred to Sec. 46b-47 in 1979.
Annotation to former section 46-19: Cited. 4 CS 249. When defendant confined outside state, both superintendent and commissioner of welfare must be served. 17 CS 410.

Sec. 46b-48. (Formerly Sec. 46-37). Dissolution of marriage or annulment upon conviction of crime against chastity; procedure.

When any married person has been convicted in any court of an offense against chastity which would be ground for dissolution or annulment of the marriage, any person aggrieved may petition the Superior Court within four months of the conviction, and upon notice to the person convicted, the court may grant a dissolution or annulment of the marriage or such other relief as the court determines. No provision of this section shall be construed to affect the right of any aggrieved person to apply to the civil side of the court for similar relief.
(1949 Rev., S. 7329; 1971, P.A. 870, S. 126; P.A. 73-373, S. 10; P.A. 78-230, S. 22, 54.)
History: 1971 act applied provisions to convictions in any court rather than specifically in superior court and required that petition be made to superior court rather than to the court "before which such conviction was had", imposing four-month deadline where previously petition was required "at the same term", effective September 1, 1971, except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 73-373 replaced "divorce" with "dissolution of marriage"; P.A. 78-230 restated provisions; Sec. 46-37 transferred to Sec. 46b-48 in 1979.
See Sec. 46b-10 re reconciliation attempts ordered by court in action for dissolution of marriage, legal separation or annulment.

Sec. 46b-49. (Formerly Sec. 46-45). Private hearing.

When it considers it necessary in the interests of justice and the persons involved, the court shall, upon the motion of either party or of counsel for any minor children, direct the hearing of any matter under this chapter and sections 17b-743, 17b-744, 45a-257, 46b-1, 46b-6, 46b-204, 47-14g, 51-348a and 52-362 to be private. The court may exclude all persons except the officers of the court, a court reporter, the parties, their witnesses and their counsel.
(P.A. 73-373, S. 13; P.A. 78-230, S. 30, 54.)
History: P.A. 78-230 restated provisions and deleted reference to Sec. 46-5h; Sec. 46-45 transferred to Sec. 46b-49 in 1979 and internal section references revised as necessary to reflect transfer of those sections.
See Sec. 46b-11 re closed hearings and records in family relations matters.
Cited. 2 CA 132, 136, 139. Cited. 36 CS 352, 356.

Sec. 46b-50. (Formerly Sec. 46-46). Number of witnesses in uncontested action.

In any action under this chapter, where the complaint for dissolution of marriage or separation is uncontested, the judge in his sole discretion shall decide the number of witnesses required, if any, in addition to the plaintiff or defendant on a cross complaint, except as provided in subsection (a) of section 46b-51.
(1972, P.A. 164, S. 3; P.A. 73-373, S. 40, 44; P.A. 74-338, 12, 93, 94; P.A. 78-230, S. 31, 54.)
History: P.A. 73-373 replaced reference to divorce with reference to dissolution of marriage and added exception re Sec. 46-48(a); P.A. 74-338 made technical corrections; P.A. 78-230 rephrased section but made no substantive change; Sec. 46-46 transferred to Sec. 46b-50 in 1979 and reference to Sec. 46-48 revised to reflect its transfer.

Sec. 46b-51. (Formerly Sec. 46-48). Stipulation of parties and finding of irretrievable breakdown.

(a) In any action for dissolution of marriage or legal separation the court shall make a finding that a marriage breakdown has occurred where (1) the parties, and not their attorneys, execute a written stipulation that their marriage has broken down irretrievably, or (2) both parties are physically present in court and stipulate that their marriage has broken down irretrievably and have submitted an agreement concerning the custody, care, education, visitation, maintenance or support of their children, if any, and concerning alimony and the disposition of property. The testimony of either party in support of that conclusion shall be sufficient. (b) In any case in which the court finds, after hearing, that a cause enumerated in subsection (c) of section 46b-40 exists, the court shall enter a decree dissolving the marriage or granting a legal separation. In entering the decree, the court may either set forth the cause of action on which the decree is based or dissolve the marriage or grant a legal separation on the basis of irretrievable breakdown. In no case shall the decree granted be in favor of either party.
(P.A. 73-373, S. 8; P.A. 74-169, S. 6, 18; 74-338, S. 92, 94; P.A. 78-230, S. 33, 54.)
History: P.A. 74-169 clarified Subsec. (a) by specifying execution of written stipulation or personal stipulation "where both parties are physically present in court" that marriage is irretrievably broken and referred to legal separation in Subsec. (b) deleting detailed description of court's finding that marriage is irretrievably broken or that parties have lived apart for eighteen months and there is no reasonable prospect that they will be reconciled; P.A. 74-338 made technical change in Subsec. (a); P.A. 78-230 restated provisions and deleted Subsec. (c) which had stated that defenses of recrimination and condonation to action for dissolution of marriage were abolished; Sec. 46-48 transferred to Sec. 46b-51 in 1979 and reference to Sec. 46-32 revised to reflect its transfer.
Annotations to former section 46-48: Cited. 174 C. 602, 603. Cited. 177 C. 173, 184. Annotations to present section: Cited. 190 C. 657, 659, 660. Cited. 40 CA 570, 571. Subsec. (a): Cited. 186 C. 311, 327. Cited. 190 C. 657, 659, 660. Subsec. (b): Cited. 185 C. 156, 157. Cited. 190 C. 657, 659. Cited. 38 CS 37, 39.

Sec. 46b-52. Recrimination and condonation abolished.

The defenses of recrimination and condonation to any action for dissolution of marriage or legal separation are abolished.
(P.A. 78-230, S. 2, 54.)
Cited. 185 C. 156, 157. Cited. 4 CA 575, 577.

Sec. 46b-53. (Formerly Sec. 46-41). Conciliation procedures; privileged communications.

(a) On or after the return day of a complaint seeking the dissolution of a marriage or a legal separation and prior to the expiration of the ninety-day period specified in section 46b-67 either spouse or the counsel for any minor children of the marriage may submit a request for conciliation to the clerk of the court. The clerk shall forthwith enter an order that the parties meet with a conciliator mutually acceptable to them or, if the parties cannot agree as to a conciliator, with a conciliator named by the court. The conciliator shall, in any case, be a clergyman, a physician, a domestic relations officer or a person experienced in marriage counseling. (b) Within such ninety-day period or within thirty days of the request, whichever is later, there shall be two mandatory consultations with the conciliator by each party to explore the possibility of reconciliation or of resolving the emotional problems which might lead to continuing conflicts following the dissolution of the marriage. Failure of the plaintiff or defendant to attend these consultations except for good cause shall preclude further action on the complaint until the expiration of six months from the date of the return day; provided the court may order the termination of such stay, upon the motion of either party and for good cause shown. Further consultations may be held with the consent of both parties. (c) All communications during these consultations shall be absolutely privileged, except that the conciliator shall report to the court whether or not the parties attended the consultations. (d) The reasonable fees of the conciliator shall be paid by one or both of the parties as the court directs. No fee shall be charged by a domestic relations officer for such services. If the parties are unable to pay the fees which may be charged by the conciliator, only a domestic relations officer may be named as the conciliator.
(P.A. 73-373, S. 6; P.A. 74-169, S. 5, 18; P.A. 75-530, S. 11, 35; P.A. 78-230, S. 26, 54.)
History: P.A. 74-169 specified that each party must consult at least twice with conciliator; P.A. 75-530 referred to return day of complaint rather than its date of filing, authorized domestic relations officers to serve as conciliators, added proviso re termination of stay in proceedings and added exception re conciliators' fees; P.A. 78-230 divided section into Subsecs. and rephrased provisions; Sec. 46-41 transferred to Sec. 46b-53 in 1979 and reference to Sec. 46-44 revised to reflect its transfer.
See Sec. 46b-10 re reconciliation attempts ordered by court in action for dissolution of marriage, legal separation or annulment.
Cited. 23 CA 330, 337. Subsec. (a): Cited. 5 CA 649, 658. Subsec. (c): Cited. 23 CA 330, 338.

Sec. 46b-53a. Mediation program for persons filing for dissolution of marriage.

Privileged communications. (a) A program of mediation services for persons filing for dissolution of marriage may be established in such judicial districts of the Superior Court as the Chief Court Administrator may designate. Mediation services shall address property, financial, child custody and visitation issues. (b) All oral or written communications made by either party to the mediator or made between the parties in the presence of the mediator, while participating in the mediation program conducted pursuant to subsection (a) of this section, are privileged and inadmissible as evidence in any court proceedings unless the parties otherwise agree.
(P.A. 87-316, S. 8; 87-589, S. 36, 87; P.A. 93-92.)
History: P.A. 87-589 made technical change; P.A. 93-92 added Subsec. (b) re privileged communications made by parties to mediator or in presence of mediator.

Sec. 46b-54. (Formerly Sec. 46-43). Counsel for minor children.

Duties. (a) The court may appoint counsel for any minor child or children of either or both parties at any time after the return day of a complaint under section 46b-45, if the court deems it to be in the best interests of the child or children. The court may appoint counsel on its own motion, or at the request of either of the parties or of the legal guardian of any child or at the request of any child who is of sufficient age and capable of making an intelligent request. (b) Counsel for the child or children may also be appointed on the motion of the court or on the request of any person enumerated in subsection (a) of this section in any case before the court when the court finds that the custody, care, education, visitation or support of a minor child is in actual controversy, provided the court may make any order regarding a matter in controversy prior to the appointment of counsel where it finds immediate action necessary in the best interests of any child. (c) Counsel for the child or children shall be heard on all matters pertaining to the interests of any child, including the custody, care, support, education and visitation of the child, so long as the court deems such representation to be in the best interests of the child.
(P.A. 73-373, S. 16; P.A. 74-169, S. 9, 18; P.A. 75-530, S. 13, 35; P.A. 78-230, S. 28, 54.)
History: P.A. 74-169 rephrased provision re appointment of counsel for children, deleting requirement that counsel be appointed "in any case where an agreement has been submitted with respect to such child or children as provided in subsection (a) of section 46-42"; P.A. 75-530 referred to return day of complaint rather than its date of filing and added general reference to hearing of counsel on all matters pertaining to "interests" of child or children; P.A. 78-230 divided section into Subsecs. and restated provisions; Sec. 46-43 transferred to Sec. 46b-54 in 1979 and reference to Sec. 46-36 revised to reflect its transfer.
Annotations to former section 46-43: Cited. 174 C. 244, 251. Cited. 7 CA 720, 725. Counsel for minor child appointed where motion brought to change order for the child's custody. It's in child's best interest to appoint independent counsel where motion made to change custody order. 31 CS 340. Cited. 33 CS 100. Annotations to present section: Appointment of counsel for minor child is in discretion of court and court did not abuse discretion in failing to appoint counsel. 180 C. 533, 540. Cited. 181 C. 622, 637. Cited. 186 C. 311, 324, 325. Cited. 196 C. 260, 266. Cited. 198 C. 138, 146. Cited. 207 C. 725, 740. Cited. 231 C. 928. Under certain limited circumstances minor children may appeal from trial court judgment concerning support obligations of the parents; judgment of appellate court reversed, 235 C. 8284, 87, 91, 94, 99, 104. Cited. 8 CA 5052. Cited. 11 CA 189, 193. Cited. 18 CA 622, 627, 628. Cited. 23 CA 509, 515. Cited. 35 CA 421, 425. Cited. Id., 449. Cited. 37 CA 194, 196, 199. Cited. 40 CA 675, 687, 690, 691. Cited. 35 CS 237, 238. Subsec. (a): Cited. 224 C. 776, 790. Cited. 235 C. 82, 88, 99. Cited. 35 CA 449, 451. Cited. 37 CA 194, 198, 199. Cited. 40 CA 675, 687. Subsec. (b): Cited. 23 CA 509, 515. Cited. 32 CA 152, 156. Subsec. (c): Cited. 224 C. 776, 791. Cited. 235 C. 82, 88, 100. Cited. 18 CA 622, 628. Cited. 35 CA 449, 451. Cited. 37 CA 194, 198, 199. Cited. 39 CA 162, 163, 173, 174. Cited. 40 CA 675, 690, 691.

Sec. 46b-55. (Formerly Sec. 46-63). Attorney General as party.

Paternity establishment. (a) The Attorney General shall be and remain a party to any action for dissolution of marriage, legal separation or annulment, and to any proceedings after judgment in such action, if any party to the action, or any child of any party, is receiving or has received aid or care from the state. The Attorney General may also be a party to such action for the purpose of establishing, enforcing or modifying an order for support or alimony if any party to the action is receiving support enforcement services pursuant to Title IV-D of the Social Security Act. (b) If any child born during a marriage, which is terminated by a divorce decree or decree of dissolution of marriage, is found not to be issue of such marriage, the child or his representative may bring an action in the Superior Court to establish the paternity of the child within one year after the date of the judgment of divorce or decree of dissolution of the marriage of his natural mother, notwithstanding the provisions of section 46b-160.
(1971, P.A. 712, S. 14; P.A. 73-373, S. 42; P.A. 74-183, S. 271, 291; P.A. 76-436, S. 234, 681; P.A. 78-230, S. 47, 54; P.A. 86-359, S. 32, 44.)
History: P.A. 73-373 substituted "dissolution of marriage" for "divorce" in Subsec. (a), deleted former Subsecs. (b) and (c) re appointment of attorney to protect child's interests and re action to establish paternity of child who is determined not to be issue of the marriage in question and relettered former Subsec. (d) accordingly, adding references to decrees of dissolution of marriage; P.A. 74-183 replaced circuit court with court of common pleas in Subsec. (b), effective December 31, 1974; P.A. 76-436 replaced court of common pleas with superior court in Subsec. (b), effective July 1, 1978; P.A. 78-230 rephrased provisions but made no substantive change; Sec. 46-63 transferred to Sec. 46b-55 in 1979 and reference to Sec. 52-435a revised to reflect that section's transfer; P.A. 86-359 amended Subsec. (a) to permit attorney general to be party to action for purpose of establishing, enforcing or modifying order of support or alimony if any party to action is receiving support enforcement services.
See chapter 815y re paternity matters.
Annotations to former section 46-63: Cited. 31 CS 188. Cited. 34 CS 187, 190. Cited. Id., 628, 630. Annotations to present section: Cited. 180 C. 114, 115. Cited. 185 C. 180, 181. Cited. 11 CA 43, 46. Cited. 37 CA 856, 857. Cited. 40 CS 6, 8, 13. Subsec. (a): Cited. 188 C. 98, 104; Id., 354, 357. Cited. 200 C. 656, 662. Cited. 219 C. 703, 704. Cited. 236 C. 719, 720. Cited. 15 CA 745. Cited. 37 CA 856, 857. Subsec. (b): Cited. 234 C. 51, 64. Cited. 235 C. 82, 88. Cited. 34 CA 129, 136; judgment reversed, see 234 C. 51 et seq.

Sec. 46b-56. (Formerly Sec. 46-42). Superior Court orders re custody and care of minor children in actions for dissolution of marriage, legal separation and annulment.

Access to records of minor children by noncustodial parent. Parenting education program. (a) In any controversy before the Superior Court as to the custody or care of minor children, and at any time after the return day of any complaint under section 46b-45, the court may at any time make or modify any proper order regarding the education and support of the children and of care, custody and visitation if it has jurisdiction under the provisions of chapter 815o. Subject to the provisions of section 46b-56a, the court may assign the custody of any child to the parents jointly, to either parent or to a third party, according to its best judgment upon the facts of the case and subject to such conditions and limitations as it deems equitable. The court may also make any order granting the right of visitation of any child to a third party, including but not limited to, grandparents. (b) In making or modifying any order with respect to custody or visitation, the court shall (1) be guided by the best interests of the child, giving consideration to the wishes of the child if the child is of sufficient age and capable of forming an intelligent preference, provided in making the initial order the court may take into consideration the causes for dissolution of the marriage or legal separation if such causes are relevant in a determination of the best interests of the child and (2) consider whether the party satisfactorily completed participation in a parenting education program established pursuant to section 46b-69b. (c) In determining whether a child is in need of support and, if in need, the respective abilities of the parents to provide support, the court shall take into consideration all the factors enumerated in section 46b-84. (d) When the court is not sitting, any judge of the court may make any order in the cause which the court might make under subsection (a) of this section, including orders of injunction, prior to any action in the cause by the court. (e) A parent not granted custody of a minor child shall not be denied the right of access to the academic, medical, hospital or other health records of such minor child unless otherwise ordered by the court for good cause shown.
(P.A. 73-373, S. 15; P.A. 74-169, S. 8, 18; P.A. 75-530, S. 12, 35; P.A. 77-488, S. 2; P.A. 78-230, S. 27, 54; 78-318, S. 28; P.A. 80-29; P.A. 81-402, S. 1; P.A. 84-42; P.A. 93-319, S. 3, 4.)
History: P.A. 74-169 made minor changes in wording; P.A. 75-530 replaced reference to filing date of complaint with reference to return day of complaint; P.A. 77-488 added provision authorizing court to make orders re visitation rights for third parties such as grandparents; P.A. 78-230 divided section into Subsecs. and restated provisions; P.A. 78-318 qualified court's power to make orders re care, custody and visitation by adding "if it has jurisdiction under the provisions of Ch. 815o"; Sec. 46-42 transferred to Sec. 46b-56 in 1979 and references to other sections within section revised as necessary to reflect their transfer; P.A. 80-29 authorized assignment of joint custody in Subsec. (a); P.A. 81-402 amended Subsec. (a) to provide that the court is subject to the provisions of Sec. 46b-56a in assigning custody and changed the order of possible custody assignments so that "to the parents jointly" is listed first, and amended Subsec. (b) to provide that the court may consider the causes for the dissolution or legal separation if the causes are relevant in a determination of the best interests of the child; P.A. 84-42 added Subsec. (e) re access of noncustodial parent to academic, medical, hospital or other health records of minor children; P.A. 93-319 added a provision in Subsec. (b) requiring the court to consider whether a party has completed a parenting education program when making or modifying a custody or visitation order, effective January 1, 1994, and applicable to actions pending on, or filed on or after, that date.
Annotations to former section 46-23: Settlement of child not affected by award of custody. 2 C. 20. Defendant not bound to defray expenses of divorce suit containing prayer for custody of children. 18 C. 424. Court has continuing jurisdiction over custody, whether child in this state or elsewhere. 131 C. 690. Refers to children of the marriage. 134 C. 316. Cited. 140 C. 254; 142 C. 558. Where controversy is between mother and grandparents, the former has prior right to custody. 146 C. 104. Gives court power to open a judgment after the expiration of the term in which it was rendered. 165 C. 95. Cited. 165 C. 735. Cited. 168 C. 144. Court is without jurisdiction to make custodial or support orders for minor children after denying a decree of divorce. 1 CS 149. Where no order for custody of the child was made part of the divorce judgment, there can be no order to "annul or vary" as the statute provides. 3 CS 352. Cited. 11 CS 248; 16 CS 70; id., 87. Statute relates only to matter of custody of minor children. 11 CS 398. If no order for the support of minor children is made a part of the divorce judgment, the court may not pass such an order thereafter. 13 CS 119. Court cannot award custody of husband's illegitimate child to wife. 14 CS 391. Orders of the superior court with respect to custody and support are incidental to its exclusive jurisdiction of divorce. 19 CS 372. Cited. 27 CS 296. Cited. 30 CS 49. Appointment of independent counsel is in best interest of a child where motion made to change order for its custody. 31 CS 340. Circuit court has no jurisdiction of action to recover payments made for support of minor son to former wife in compliance with superior court decree of divorce since such support matters are within continuing exclusive jurisdiction of superior court. 3 Conn. Cir. Ct. 318. Annotations to former section 46-24: Court will not take daughter from custody of mother, when child is well cared for, and not liable to be by father. 2 R. 461. Power of court to modify order, even where children have been removed to foreign jurisdiction. 83 C. 479. Jurisdiction of superior court limited to habeas corpus and orders incidental to divorce decree; distinction between custody of person and custody of estate. 97 C. 442. To recognize foreign judgment determining custody accords with or public policy. 131 C. 388. Applies only to children of the marriage. Superior court will not interfere with petition for adoption pending before probate court. 134 C. 312. Cited. 140 C. 254; 142 C. 558. Grants wide discretion and any condition imposed can be assailed only on abuse of that discretion. 141 C. 235. Plaintiff sought to modify decree granting custody of children to former husband on the ground that former husband not legally married to his present wife who previously had obtained an Alabama divorce; held that plaintiff had no standing to question validity of the Alabama divorce unless it was to prove lack of moral character in present wife because divorce was obtained through fraud or perjury. 148 C. 1. Decree of Florida court re custody of child is entitled to full faith and credit in this state, and since the Florida court could modify the decree upon proof that circumstances had materially changed, the courts of this state can so act on similar proof. 148 C. 255. Cited. 1 CS 150; 11 CS 398; 20 CS 278. This statute did not give the superior court any original independent jurisdiction to entertain matters involving custody of minor children apart from that which it already had incident to divorce and in habeas corpus proceedings. 10 CS 275. Court may award custody of child to defendant who had not asked for it in the pleadings. 11 CS 246. Aliter. Id., 252. Court cannot award for support to wife for husband's illegitimate child. 14 CS 391. Superior court has the power to enter an order for support conditioned upon the granting to the defendant of the rights of visitation to which he may be entitled. 18 CS 20. Orders of superior court with respect to custody and support are incidental to the jurisdiction over divorce. 19 CS 372. Court refused to entertain habeas corpus proceedings for custody of child (1) because plaintiff had not exhausted remedies in a juvenile court decision on this issue and (2) because proceedings affecting the custody of the child were then pending in probate court. 21 CS 73. Fact that superior court originally awarded custody of a child in a divorce action does not mean that it retains exclusive jurisdiction over custody of the child. Id. Connecticut court may grant custody of children to a wife whose husband obtained a valid divorce out of state if the court which granted such divorce could make such an order regarding custody after the time of the divorce. 21 CS 378. Cited. 28 CS 129. Circuit court has no jurisdiction of action to recover payments made for support of minor son to former wife in compliance with superior court decree of divorce since such support matters are within continuing exclusive jurisdiction of superior court. 3 Conn. Cir. Ct. 318. Annotations to former section 46-42: Cited. 171 C. 433, 436, 439. Cited. 172 C. 341, 342. Decision of trial court with respect to custody and care of minor children must stand unless court has abused its discretion. 173 C. 161, 162. Discussion of ante nuptial agreements relating to property rights upon dissolution of the marriage. 181 C. 482, 485. Annotations to present section: Cited. 177 C. 47, 50. Court has no authority to issue an order of support against a husband as neither the biological or adoptive parent of the child. 180 C. 114, 117. Court did not exceed its authority by setting aside certain personal property for the use of the minor children. Id., 528, 532. Cited. 181 C. 622, 628. Cited. 182 C. 545, 549, 553. Restrictions on visitation rights discussed. 184 C. 36, 41, 47. Cited. 185 C. 275, 291, 293. Until entry of final decree the court has discretion to modify custody without first finding material change of circumstances since previous award. 186 C. 118, 121, 122. Cited. Id., 709, 717. Cited. 190 C. 345, 347. Statute read together with Sec. 46b-61 and Sec. 46b-93 provide that it is permissible under certain circumstances to award child support even though child is not within this jurisdiction. 191 C. 92, 102. Cited. 196 C. 10, 13, 15, 16. Cited. Id., 260, 263, 266. Cited. 201 C. 50, 65. Cited. 212 C. 441, 445. Temporary custody order is final judgment for purposes of appellate review. Appellate court's dismissal of appeal reversed. 224 C. 749, 750, 755758. Sec. 46b-56 et seq. cited. 236 C. 582, 593. Cited. 2 CA 472, 477. Cited. 4 CA 94, 96. Cited. 8 CA 50, 56. Cited. 13 CA 300, 303. Cited. 14 CA 296, 303. Cited. 18 CA 622, 628. Cited. 19 CA 146, 153. Cited. 22 CA 802, 803. Cited. 25 CA 693, 699. Cited. 35 CA 421, 425. Cited. 37 CA 397, 401, 404. Cited. 41 CA 716, 718. Cited. 35 CS 237, 238. Cited. 41 CS 258, 265. Cited. Id., 429, 433. Subsec. (a): Cited. 183 C. 353, 355. Cited. 185 C. 249, 251. Cited. 186 C. 118, 121. Cited. 196 C. 260, 262. Cited. 201 C. 50, 65. Cited. Id., 229, 236. Cited. 207 C. 217, 221. Joint custody discussed. 5 CA 649, 654, 655. Cited. 7 CA 745, 748. Cited. 14 CA 296, 303. Cited. 25 CA 693, 699. Cited. 35 CA 421, 429. Cited. 41 CA 861, 864. Subsec. (b): Court not obligated to interview each child before decision on custody. 178 C. 254, 257. Cited 179 C. 287. Court did not abuse its discretion by awarding custody to mother in accordance with thirteen-year-old child's wish despite mother's failure to appear at the hearing. 180 C. 132, 136. While the rights, wishes and desires of the parents must be considered it is nevertheless the ultimate welfare of the child which must control the decision of the court. Id., 533, 541. Statute which vests discretion in trial court to determine the best interest of a child in awarding custody without objective guidelines is not unconstitutionally vague. Id., 705, 709. Neither applicable statutes nor case law recognize any presumption in custody matters. 181 C. 622, 626, 633. Cited. 183 C. 353, 355. Cited 185 C. 275, 279. Cited. 186 C. 118, 121; Id., 709, 717. Cited. 201 C. 50, 65. Cited. Id., 229, 236, 241. Cited. 207 C. 48, 52, 54. Cited. Id., 217, 221, 226. Cited. 212 C. 63, 7780. Cited. 224 C. 776, 785, 788, 789. Cited. 235 C. 82, 88. The court must resolve the issue of custody in the best interests of the child whatever agreements have been made between the parents. 1 CA 356, 360. Cited. 5 CA 649, 654, 661. Cited. 14 CA 296, 301. Cited. 23 CA 509, 514. Cited. 24 CA 426, 428. Cited. Id., 804, 805. Cited. 38 CA 263, 269. Cited. 38 CS 37, 40. Subsec. (c): Cited. 186 C. 191, 195. Subsec. (e): Cited. 201 C. 229, 236.

Sec. 46b-56a. Joint custody.

Definition. Presumption. Conciliation. (a) For the purposes of this section, "joint custody" means an order awarding legal custody of the minor child to both parents, providing for joint decision-making by the parents and providing that physical custody shall be shared by the parents in such a way as to assure the child of continuing contact with both parents. The court may award joint legal custody without awarding joint physical custody where the parents have agreed to merely joint legal custody. (b) There shall be a presumption, affecting the burden of proof, that joint custody is in the best interests of a minor child where the parents have agreed to an award of joint custody or so agree in open court at a hearing for the purpose of determining the custody of the minor child or children of the marriage. If the court declines to enter an order awarding joint custody pursuant to this subsection, the court shall state in its decision the reasons for denial of an award of joint custody. (c) If only one parent seeks an order of joint custody upon a motion duly made, the court may order both parties to submit to conciliation at their own expense with the costs of such conciliation to be borne by the parties as the court directs according to each party's ability to pay.
(P.A. 81-402, S. 2.)
Sec. 46b-56 et seq. cited. 236 C. 582, 593. Joint custody discussed. 5 CA 649, 654656, 658, 659. Cited. 25 CA 366, 369. Subsec. (a): Cited. 207 C. 217, 218, 222, 223. Joint custody discussed. 5 CA 649, 654, 656. Cited. 25 CA 366, 367. Subsec. (b): Cited. 195 C. 202, 209. Cited. 207 C. 217, 223. Joint custody discussed. 5 CA 649, 654, 657, 658. Cited. 25 CA 366, 368. Subsec. (c): Joint custody discussed. 5 CA 649, 652, 654, 657. Cited. 25 CA 366, 368.

Sec. 46b-56b. Presumption re best interest of child to be in custody of parent.

In any dispute as to the custody of a minor child involving a parent and a nonparent, there shall be a presumption that it is in the best interest of the child to be in the custody of the parent, which presumption may be rebutted by showing that it would be detrimental to the child to permit the parent to have custody.
(P.A. 85-244, S. 2, 3; P.A. 86-224; 86-403, S. 81, 132.)
History: P.A. 86-224 added provision re grounds for rebuttal of presumption; P.A. 86-403 made technical changes.
Sec. 46b-56 et seq. cited. 236 C. 582, 593. Cited. 237 C. 233, 236. Cited. 6 CA 707, 711. Cited. 24 CA 402, 405. Cited. Id., 426429. Cited. 40 CA 675, 676, 681, 682, 684686. Cited. 44 CS 169, 183.

Sec. 46b-57. (Formerly Sec. 46-47). Third party intervention re custody of minor children.

Preference of child. In any controversy before the Superior Court as to the custody of minor children, and on any complaint under this chapter or section 46b-1 or 51-348a, if there is any minor child of either or both parties, the court if it has jurisdiction under the provisions of chapter 815o, may allow any interested third party or parties to intervene upon motion. The court may award full or partial custody, care, education and visitation rights of such child to any such third party upon such conditions and limitations as it deems equitable. Before allowing any intervention, the court may appoint counsel for the child or children pursuant to the provisions of section 46b-54. In making any order under this section the court shall be guided by the best interests of the child, giving consideration to the wishes of the child if he is of sufficient age and capable of forming an intelligent preference.
(P.A. 73-373, S. 17; P.A. 74-169, S. 10, 18; P.A. 78-230, S. 32, 54; 78-318, S. 29.)
History: P.A. 74-169 made minor changes in wording and made appointment of counsel for child or children optional rather than mandatory, substituting "may" for "shall"; P.A. 78-230 restated provisions; P.A. 78-318 qualified court's power to allow third party intervention and to award custody, etc. to third party by adding "if it has jurisdiction under the provisions of chapter 815o"; Sec. 46-47 transferred to Sec. 46b-57 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer.
Annotations to former section 46-47: Cited. 174 C. 244, 251. Cited. 7 CA 720, 725. Cited. 33 CS 100. Annotations to present section: Motion to intervene under statute was barred by absence of controversy; timeliness and "interested third parties" discussed. 185 C. 502, 504, 505, 507, 508. Cited. 193 C. 393, 404. Former intervention not a requirement to a valid order of custody. 196 C. 10, 1316. Cited. 235 C. 82, 88. Sec. 46b-56 et seq. cited. 236 C. 582, 593. Cited. 2 CA 132, 137; judgment reversed, see 234 C. 51 et seq. Cited. 11 CA 43, 46. Cited. 34 CA 129, 137. Cited. 35 CA 421, 425. Cited. 40 CA 675, 679, 686. Cited. 35 CS 237, 238.

Sec. 46b-58. (Formerly Sec. 46-58). Custody, maintenance and education of adopted children.

The authority of the Superior Court to make and enforce orders and decrees as to the custody, maintenance and education of minor children in any controversy before the court between husband and wife brought under the provisions of this chapter is extended to children adopted by both parties and to any natural child of one of the parties who has been adopted by the other.
(1963, P.A. 414; P.A. 73-373, S. 31; P.A. 78-230, S. 43, 54.)
History: P.A. 73-373 made no substantive change; P.A. 78-230 made minor changes in wording and deleted reference to Sec. 46-5h; Sec. 46-58 transferred to Sec. 46b-58 in 1979.
Annotations to former section 46-26a: Unless child is deemed by law to be a child of the marriage of the plaintiff and the defendant, superior court has not jurisdiction over the child. 165 C. 665, 669. Annotations to present section: Court has no authority to issue an order of support against a husband who was neither the biological or adoptive parent of the child. 180 C. 114, 117. Sec. 46b-56 et seq. cited. 236 C. 582, 593.

Sec. 46b-59. Court may grant right of visitation to any person.

The Superior Court may grant the right of visitation with respect to any minor child or children to any person, upon an application of such person. Such order shall be according to the court's best judgment upon the facts of the case and subject to such conditions and limitations as it deems equitable, provided the grant of such visitation rights shall not be contingent upon any order of financial support by the court. In making, modifying or terminating such an order, the court shall be guided by the best interest of the child, giving consideration to the wishes of such child if he is of sufficient age and capable of forming an intelligent opinion. Visitation rights granted in accordance with this section shall not be deemed to have created parental rights in the person or persons to whom such visitation rights are granted. The grant of such visitation rights shall not prevent any court of competent jurisdiction from thereafter acting upon the custody of such child, the parental rights with respect to such child or the adoption of such child and any such court may include in its decree an order terminating such visitation rights.
(P.A. 78-69; P.A. 79-8; P.A. 83-95.)
History: P.A. 79-8 added proviso specifying that grant of visitation rights is not contingent upon order for financial support; P.A. 83-95 deleted provisions re visitation rights of grandparents and permitted court to grant right of visitation to any person.
See chapter 815j, part III re support of child and spouse and transfer of property. See chapter 815o re uniform child custody jurisdiction act.
Cited. 208 C. 404, 408, 410. Cited. 209 C. 407, 413, 414. Constitutional validity of section not ripe for adjudication without fact-specific balancing of interests. 214 C. 232, 233, 235, 236, 240. Cited. 217 C. 459, 475. Cited. 234 C. 51, 59. Sec. 46b-56 et seq. cited. 236 C. 582, 593. Cited. 34 CA 129, 137; judgment reversed, see 234 C. 51 et seq. Cited. 11 CA 43, 46. An encompassing, not limiting, statute. 17 CA 427429.

Sec. 46b-59a. Mediation of disputes re enforcement of visitation rights.

The Office of the Chief Court Administrator may establish programs of mediation for the timely resolution of disputes involving the enforcement of visitation rights.
(P.A. 86-359, S. 42, 44; 86-403, S. 117, 132.)
History: P.A. 86-359, S. 42 effective July 1, 1987; P.A. 86-403 substituted "may" for "shall", making establishment of programs discretionary rather than mandatory.
Sec. 46b-56 et seq. cited. 236 C. 582, 593.

Sec. 46b-60. (Formerly Sec. 46-55). Orders re children and alimony in annulment cases.

In connection with any petition for annulment under this chapter, the Superior Court may make such order regarding any child of the marriage and concerning alimony as it might make in an action for dissolution of marriage. The issue of any void or voidable marriage shall be deemed legitimate. Any child born before, on or after October 1, 1976, whose birth occurred prior to the marriage of his parents shall be deemed a child of the marriage.
(P.A. 73-373, S. 24; P.A. 76-265; P.A. 78-230, S. 40, 54.)
History: P.A. 76-265 specified applicability re children born before, on or after October 1, 1976; P.A. 78-230 changed wording slightly; Sec. 46-55 transferred to Sec. 46b-60 in 1979.
See Sec. 17b-743 re direction that payments under support order be made to commissioner of administrative services or local welfare department. See chapter 815o re uniform child custody jurisdiction act.
Annotations to former section 46-28: "Alimony" discussed. 77 C. 31. New York marriage void for lack of consent. 119 C. 197. Consent and intent essential to afford mutuality of a valid contract existed. 136 C. 196. Where both parties to an action for annulment of a void marriage are nonresidents and the defendant is not served with process within this state, the fact that the marriage was performed within this state does not empower the court to obtain jurisdiction over the defendant by constructive service and render a judgment annulling the marriage. 142 C. 175. Superior court has jurisdiction over subject matter of annulment where plaintiff is domiciled in Connecticut whether ground relied on would make marriage voidable. 152 C. 155. Power and jurisdiction of court over marriage is purely statutory and must be strictly construed. 1 CS 76. Court does not have power to order alimony pendente lite in annulment proceeding. 5 CS 224. In declaratory judgment with respect to marital status where one has gone through form of second marriage, second woman not entitled to alimony pendente lite, but is entitled to allowance to defend. 9 CS 1. Legislature intended laws of state where marriage was performed relating to voidability of marriage apply. Id., 100. Deception as to osteomyelitis not reason to annul marriage. 11 CS 361. An action for declaratory judgment declaring a Conn. marriage void may be maintained in the superior court, notwithstanding that all the parties are nonresidents, where service was made in accordance with Conn. statutes. 12 CS 276. Cited. 14 CS 317. Couple married in N.Y. entitled to annulment where one was physically incapable of entering into marriage even though action in Conn. brought more than five years after marriage and would be cut off by N.Y. statute of limitations. 15 CS 77. Where agreement between parties that defendant would seek annulment six weeks after marriage annulment not warranted. Cases reviewed. 16 CS 101. Request of husband to join Roman Catholic church after marriage not basis for rendering marriage voidable. Id., 419. Does not empower courts of this state to apply the law of the state in which the marriage took place as to the legitimacy of the children of such marriage. 18 CS 474. Fraudulent premarital representation by wife that she is willing to bear children held not sufficient cause to declare marriage void. 23 CS 201. In action for annulment on grounds of invalidity of defendant's Mexican divorce from first wife, held plaintiff could not make collateral attack on validity of divorce because she had no legally protected interest which was adversely affected by the decree. 23 CS 275. Where defendant had no intention, at the time of the ceremony, to consummate marriage, decree of annulment was granted. 25 CS 239. Annulment is decree based on theory that marriage is void ab initio. Id. Action brought under this section seeks relief which is equitable in nature. 26 CS 260. Marriage entered into by plaintiff with defendant in New York while plaintiff was already married is bigamous and void under New York law. Hence action for annulment allowed although lawful husband of plaintiff had since died. 27 CS 342. Court has same power to award alimony in annulment cases as in divorce. 29 CS 44. Annotations to present section: Cited. 207 C. 48, 58. Sec. 46b-56 et seq. cited. 236 C. 582, 593. Cited. 41 CA 861, 864, 865.

Sec. 46b-61. (Formerly Sec. 46-62). Orders re children where parents live separately.

In all cases in which the parents of a minor child live separately, the superior court for the judicial district where the parties or one of them resides may, on the complaint of either party and after notice given to the other, make any order as to the custody, care, education, visitation and support of any minor child of the parties, subject to the provisions of sections 46b-54, 46b-56, 46b-57 and 46b-66.
(P.A. 73-373, S. 19; P.A. 74-169, S. 12, 18; P.A. 78-230, S. 46, 54; 78-280, S. 2, 127.)
History: P.A. 74-169 changed wording slightly; P.A. 78-230 deleted reference to "minor children" and to counties; P.A. 78-280 reiterated omission of reference to counties; Sec. 46-62 transferred to Sec. 46b-61 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer.
Annotations to former section 46-62: Cited. 174 C. 427, 433, 434. Annotations to present section: Subject matter jurisdiction discussed. 184 C. 558, 562, 563. Statute, read together with Secs. 46b-56 and 46b-93, provides that it is permissible under certain circumstances to award child support even though child is not within jurisdiction. 191 C. 92, 102. Cited. 199 C. 287, 293. Cited. 207 C. 48, 58. Sec. 46b-56 et seq. cited. 236 C. 582, 593. Cited. 3 CA 541, 543. Cited. 8 CA 5054. Cited. 11 CA 150, 151. Cited. 31 CA 114, 118, 119. Cited. 35 CA 421, 425. Cited. 41 CA 861, 864, 865. Superior court has jurisdiction in custody issues arising from controversies over illegitimate child. 35 CS 237240. Cited. 41 CS 429, 433.

Sec. 46b-62. (Formerly Sec. 46-59). Orders for payment of attorney's fees in certain actions.

In any proceeding seeking relief under the provisions of this chapter and sections 17b-743, 17b-744, 45a-257, 46b-1, 46b-6, 46b-204, 47-14g, 51-348a and 52-362, the court may order either spouse or, if such proceeding concerns the custody, care, education, visitation or support of a minor child, either parent to pay the reasonable attorney's fees of the other in accordance with their respective financial abilities and the criteria set forth in section 46b-82. If, in any proceeding under this chapter and said sections, the court appoints an attorney for a minor child, the court may order the father, mother or an intervening party, individually or in any combination, to pay the reasonable fees of the attorney or may order the payment of the attorney's fees in whole or in part from the estate of the child. If the child is receiving or has received state aid or care, the reasonable compensation of the attorney shall be established by, and paid from funds appropriated to, the Judicial Department.
(P.A. 73-373, S. 27; P.A. 78-230, S. 44, 54; P.A. 86-264, S. 16; P.A. 88-41.)
History: P.A. 78-230 rephrased provisions and deleted reference to Sec. 46-5h; Sec. 46-59 transferred to Sec. 46b-62 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer; P.A. 86-264 eliminated maximum compensation of one hundred dollars for attorney if child is or has received state aid or care and added provision that such compensation be established by, and paid from funds appropriated to, the judicial department; P.A. 88-41 authorized the court to order either parent to pay the reasonable attorney's fees of the other if the proceeding concerns the custody, care, education, visitation or support of a minor child and to order an intervening party individually or in any combination with the father and mother to pay the reasonable fees of an attorney appointed by the court for a minor child.
Annotations to former section 46-59: Cited. 171 C. 218. Cited. 172 C. 202, 206. Cited. Id., 316. Cited. 174 C. 602604. Cited. 183 C. 433, 443. Annotations to present section: Trial court erred in awarding attorney's fees since evidence warranted no award of alimony and that same evidence must be considered for the award of attorney's fees. 180 C. 376, 380. Where, because of other orders, both parties are able financially to pay their own counsel fees trial court erred in ordering payment of counsel fees. 181 C. 492, 501. Cited. Id., 622, 637. Cited. 183 C. 35, 40. Cited. 184 C. 36, 48. A definitive award of counsel fees should not ordinarily be made until after a trial where evidence relating to the criteria set forth in Sec. 46b-82 has been presented. Id., 513, 517, 518. Cited. 185 C. 42, 44; Id., 156, 158, 159, 162; Id., 275, 293. Cited. 186 C. 311, 328. Cited. 188 C. 232, 236. Cited. 189 C. 129, 142. Cited. 190 C. 26, 2933; Id., 36, 38. In awarding counsel fees the focus of the inquiry is not on the payor-spouse but rather on the total financial resources of the parties in light of the statutory criteria. Id., 173, 177. Cited. Id., 269, 280; Id., 491, 495. Cited. 191 C. 46, 58; Id., 81, 87. Cited. 193 C. 261, 268. Cited. 194 C. 25, 33, 34. Cited. Id., 312, 326. Cited. 207 C. 48, 56, 58. Cited. 210 C. 462, 477. Cited. 211 C. 485, 488, 489. Cited. Id., 648, 652. Cited. 218 C. 801, 819. Cited. 222 C. 32, 43, 44. Cited. 225 C. 185, 200, 201. Cited. 1 CA 158, 160; Id., 400, 408; Id., 686, 689. Cited. 2 CA 141, 151; Id., 425, 428; Id., 472, 483. Cited. 3 CA 25, 28. Cited. 4 CA 504, 510; Id., 645, 650. Cited. 5 CA 95, 99, 100. Cited. 6 CA 632, 636, 637. Cited. 7 CA 41, 44. "Must be construed to permit the award of attorney's fees in child support actions filed on behalf of illegitimate children." 8 CA 5053, 55. Cited. 9 CA 486, 489. Cited. 10 CA 22, 31. Cited. Id., 466, 473. Cited. Id., 570, 574. Language of this section and Sec. 46b-82 does not provide for consideration of status of legal services rendered, whether private or nonprofit, in awarding attorney's fees. 11 CA 150, 151, 155. Cited. Id., 268, 288. Cited. Id., 610, 619. Cited. 12 CA 626, 632. Cited. 13 CA 300, 305. Cited. Id., 512, 516. Cited. 14 CA 541, 547. Cited. 16 CA 193, 205. Cited. Id., 412, 418, 419. Cited. 18 CA 622, 630. Cited. 19 CA 146, 158. Cited. 21 CA 200, 204. Cited. 22 CA 136138, 140142. Cited. Id., 392, 396. Cited. 23 CA 98, 106. Cited. 24 CA 343, 345, 346. Cited. 25 CA 41, 49, 50. Cited. 26 CA 527, 532. Cited. 28 CA 854, 860; judgment reversed, see 228 C. 85 et seq. Cited. 30 CA 292, 293. Cited. Id., 443, 445, 448, 451, 452. Cited. 31 CA 561, 567. Cited. Id., 582, 583. Cited. Id., 761, 769. Cited. 32 CA 537, 538, 543, 544. Cited. Id., 733, 744. Cited. 34 CA 462, 471, 472; judgment reversed, see 232 C. 750 et seq. Cited. 35 CA 246, 248, 252. Cited. 36 CA 305, 310, 311. Cited. Id., 322, 327. Cited. 39 CA 162, 174. Cited. 41 CA 716, 718. Cited. Id., 861, 863865.

Sec. 46b-63. (Formerly Sec. 46-60). Restoration of birth name or former name of spouse.

(a) At the time of entering a decree dissolving a marriage, the court, upon request of either spouse, shall restore the birth name or former name of such spouse. (b) At any time after entering a decree dissolving a marriage, the court, upon motion of either spouse, shall modify such judgment and restore the birth name or former name of such spouse.
(P.A. 73-373, S. 14; P.A. 78-101; P.A. 80-48; P.A. 88-364, S. 90, 123.)
History: P.A. 78-101 rephrased provisions, requiring restoration of wife's birth or former name upon her request where previously restoration of name was dependent upon court's discretion; Sec. 46-60 transferred to Sec. 46b-63 in 1979; P.A. 80-48 added Subsec. (b); P.A. 88-364 substituted "either spouse" or "such spouse" for "the wife".
See Sec. 45a-99 re concurrent jurisdiction of probate court in matters concerning change of name. See Secs. 45a-736, 45a-737 re change of name of adopted persons. See Sec. 46b-1(6) re jurisdiction of superior court concerning complaints for change of name. See Sec. 46b-81 re assignment of property and transfer of title at time of decree annulling or dissolving a marriage or for legal separation. See Sec. 52-11 re jurisdiction of superior court concerning complaints for change of names.
Annotation to former section 46-21: See annotations to Sec. 46-51. Annotation to present section: Cited. 17 CA 627, 629, 630, 632.

Sec. 46b-64. (Formerly Sec. 46-64c). Orders of court prior to return day of complaint.

Any provision in this chapter that the court may make any order after the return day of a complaint shall not preclude the court from making such order prior to the return day, upon the filing of a motion and the issuance of an order to show cause, if the court deems it necessary or appropriate.
(P.A. 75-530, S. 15, 35; P.A. 78-230, S. 50, 54.)
History: P.A. 78-230 deleted "any" preceding "such order"; Sec. 46-64c transferred to Sec. 46b-64 in 1979.

Sec. 46b-65. (Formerly Sec. 46-61). Filing of declaration of resumption of marital relations; dissolution of marriage after legal separation decree when no declaration filed.

(a) If the parties to a decree of legal separation at any time resume marital relations and file their written declaration of resumption, signed, acknowledged and witnessed, with the clerk of the superior court for the judicial district in which the separation was decreed, the declaration shall be entered upon the docket, under the entries relating to the complaint, and the decree shall be vacated and the complaint shall be deemed dismissed. (b) If no declaration has been filed under subsection (a) of this section, then at any time after the entry of a decree of legal separation, either party may petition the superior court for the judicial district in which the decree was entered for a decree dissolving the marriage and the court shall enter the decree in the presence of the party seeking the dissolution.
(P.A. 73-373, S. 12; P.A. 78-230, S. 45, 54; 78-280, S. 2, 127.)
History: P.A. 78-230 restated provisions and deleted reference to counties; P.A. 78-280 reiterated omission of reference to counties; Sec. 46-61 transferred to Sec. 46b-65 in 1979.
Cited. 194 C. 312, 315, 318321, 325. Cited. 25 CA 210, 212, 213, 215. Subsec. (a): Cited. 194 C. 312, 315, 316, 319321, 323, 326. Cited. 25 CA 210, 212. Subsec. (b): Effect of resumption of marital relations on applicability of statute discussed. 194 C. 312314, 316321, 323, 326. Cited. 25 CA 210, 211, 213215.

Sec. 46b-66. (Formerly Sec. 46-49). Review of agreements; incorporation into decree.

In any case under this chapter where the parties have submitted to the court an agreement concerning the custody, care, education, visitation, maintenance or support of any of their children or concerning alimony or the disposition of property, the court shall inquire into the financial resources and actual needs of the spouses and their respective fitness to have physical custody of or rights of visitation with any minor child, in order to determine whether the agreement of the spouses is fair and equitable under all the circumstances. If the court finds the agreement fair and equitable, it shall become part of the court file, and if the agreement is in writing, it shall be incorporated by reference into the order or decree of the court. If the court finds the agreement is not fair and equitable, it shall make such orders as to finances and custody as the circumstances require. If the agreement is in writing and provides for the care, education, maintenance or support of a child beyond the age of eighteen, it may also be incorporated or otherwise made a part of any such order and shall be enforceable to the same extent as any other provision of such order or decree, notwithstanding the provisions of section 1-1d.
(1972, P.A. 164, S. 1; P.A. 73-373, S. 18; P.A. 74-169, S. 11, 18; P.A. 77-488, S. 1; P.A. 78-230, S. 34, 54.)
History: P.A. 73-373 deleted provision which allowed court to continue, modify, set aside, etc. final orders re custody, visitation, etc. "upon a showing of a material change in the circumstances of either party or of their children"; P.A. 74-169 amended section to remove requirement that agreements be written but to specify that, if written, they are to be incorporated by reference in court orders or decrees; P.A. 77-488 added provision re written agreements providing for care, education, etc. of a child beyond the age of eighteen; P.A. 78-230 restated provisions; Sec. 46-49 transferred to Sec. 46b-66 in 1979.
Annotations to former section 46-49: Parties to divorce proceeding may submit to court an agreement concerning education of any of their children and such agreement may be incorporated by reference in order or decree of court. 33 CS 213, 215. Annotations to present section: Cited. 177 C. 47, 49. Failure of referee to conduct a searching inquiry into acceptability of a divorce settlement does not subject judgment to collateral attack as miscarriage of justice. Id., 173, 183. Operates prospectively, cannot be applied retroactively. Id., 327, 330334. Cited. 183 C. 35, 37, 38. Cited. 184 C. 558, 561, 568. Cited. 185 C. 156, 160; Id., 573, 575. Cited. 186 C. 773, 776, 777. Because agreement was concealed from the trial court and was thus contrary to public policy it was void and unenforceable. 187 C. 315 et seq. Because, as a result of the agreement, both parties filed misleading and inaccurate financial affidavits, and because trial court should have ordered a new hearing on the financial and property division issues, a new trial was ordered on those issues. Id. Cited. 188 C. 98, 102. Cited. 190 C. 674, 676. Cited. 194 C. 312, 323. Cited. 195 C. 491, 492. Cited. 196 C. 260, 261. Cited. 200 C. 202, 204, 207. Cited. 201 C. 50, 53, 55, 65. Cited. 214 C. 99, 113, 114. Cited. 217 C. 394, 399, 400. Cited. 220 C. 212, 223. Cited. 228 C. 85, 88. Cited. 231 C. 168, 176. Cited. 235 C. 45, 55, 56. Cited. 237 C. 481, 483, 484. Cited. 1 CA 578, 581, 582. Fraudulent nondisclosure discussed. 2 CA 179, 187. Cited. Id., 239, 243, 244. Cited. 3 CA 423, 425, 426. Cited. 6 CA 271, 273, 274. Cited. 11 CA 268, 287. Cited. 13 CA 355, 365. Cited. 19 CA 146, 151, 153156. Cited. Id., 161, 164. Cited. 24 CA 343, 345. Cited. 25 CA 210, 215. Cited. 28 CA 208, 215. Cited. 29 CA 369, 374. Cited. 34 CA 462, 469; judgment reversed, see 232 C. 750 et seq. Cited. Id., 785, 786; judgment reversed, see 235 C. 45 et seq. Cited. 35 CA 421, 425. Cited. 35 CS 237, 238.

Sec. 46b-66a. Order of court re conveyance of title to real property.

Effect of decree. (a) At the time of entering a decree annulling or dissolving a marriage or for legal separation pursuant to a complaint under section 46b-45, the Superior Court may order the husband or wife to convey title to real property to the other party or to a third person. (b) When any party is found to have violated an order of the court entered under subsection (a) of this section, the court may, by decree, pass title to the real property to either party or to a third person, without any act by either party, when in the judgment of the court it is the proper action to take. (c) When the decree is recorded on the land records in the town where the real property is situated, it shall effect the transfer of the title of such property as if it were a deed of the party or parties.
(P.A. 86-126.)
Cited. 36 CA 305, 308. Subsec. (a): Cited. 36 CA 305, 308.

Sec. 46b-67. (Formerly Sec. 46-44). Waiting period.

Effect of decree. (a) Following the expiration of ninety days after the day on which a complaint for dissolution or legal separation is made returnable, or after the expiration of six months, where proceedings have been stayed under section 46b-53, the court may proceed on the complaint, or whenever dissolution is claimed under cross complaint, amended complaint or amended cross complaint, the case may be heard and a decree granted thereon after the expiration of the ninety days and twenty days after the cross complaint, amended complaint or amended cross complaint has been filed with the court, provided the requirement of the twenty-day delay shall not apply (1) whenever opposing counsel, having appeared, consents to the cross complaint, amended complaint or amended cross complaint, or (2) where the defendant has not appeared and the amendment does not set forth either a cause of action or a claim for relief not in the original complaint. Nothing in this section shall prevent any interlocutory proceedings within the ninety-day period. (b) A decree of annulment or dissolution shall give the parties the status of unmarried persons and they may marry again. A decree of legal separation shall have the effect of a decree dissolving the marriage except that neither party shall be free to marry. Neither the ninety-day period specified in this section nor the six-month period referred to in section 46b-53 shall apply in actions for annulment and the court may proceed on any cause of action for annulment in the manner generally applicable in civil actions.
(P.A. 73-373, S. 7; P.A. 78-230, S. 29, 54; 78-331, S. 50, 58.)
History: P.A. 78-230 restated provisions, specifying that they are to be effective from October 1, 1978, to December 31, 1978; P.A. 78-331 deleted provision limiting period of applicability; Sec. 46-44 transferred to Sec. 46b-67 in 1979 and references to Sec. 46-41 revised to reflect that section's transfer.
Annotations to former section 46-16: Cited. 139 C. 168. Cited. 2 CS 142. Annotations to present section: Statute to be considered on question of alimony is Sec. 46b-82, not this statute. 189 C. 685688.

Sec. 46b-68. (Formerly Sec. 46-64). Reports to Department of Public Health re dissolutions of marriage and annulments.

(a) The clerks of the Superior Court shall, on or before the fifteenth day of each month, file a report with the Department of Public Health of each dissolution of marriage granted and each marriage annulled in the month preceding in their respective courts. These reports shall be on forms supplied by the Department of Public Health and shall state the names of the parties to the marriage, the date of granting of the dissolution or annulment and such additional information as the department may require. The Department of Public Health shall give due consideration to national uniformity in vital statistics in prescribing the form and content of the report. (b) Before a final decree of dissolution or annulment of marriage is entered, the parties concerned or their attorneys shall supply the clerk of the Superior Court with such information as is necessary to complete the report.
(P.A. 73-373, S. 28; P.A. 77-614, S. 323, 610; P.A. 78-230, S. 48, 54; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A. 78-230 made minor changes in wording; Sec. 46-64 transferred to Sec. 46b-68 in 1979; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
Cited. 4 CA 447, 449.

Sec. 46b-69. (Formerly Sec. 46-64b). Statutes applicable to matrimonial actions.

The provisions of this chapter and sections 17b-743, 17b-744, 45a-257, 46b-1, 46b-6, 46b-204, 47-14g, 51-348a and 52-362 shall apply to all actions for dissolution of marriage, annulment and legal separation filed after May 13, 1974, to all actions for annulment, legal separation or dissolution of marriage commenced prior to said date and to appeals from, and motions for modification of, any alimony, support or custody order entered pursuant to a decree of dissolution of a marriage, divorce, legal separation or annulment rendered prior to said date. The provisions of this chapter and sections 17b-743, 17b-744, 45a-257, 46b-1, 46b-6, 46b-204, 47-14g, 51-348a and 52-362 in effect on October 1, 1973, shall continue to apply to any action for dissolution of marriage, annulment or legal separation in which a decree of the Superior Court has been rendered after October 1, 1973, in which an appeal is pending or in which the date of taking an appeal has not expired on May 13, 1974, except an appeal from any order of alimony or custody. Sections 46-13 to 46-30, inclusive, of the general statutes of Connecticut, revision of 1958, revised to 1972, shall continue to apply to any action for divorce, dissolution of a marriage, annulment or legal separation in which a decree has been rendered and in which an appeal is pending or in which the time for taking an appeal had not expired on October 1, 1973, except an appeal from any order of alimony, support or custody.
(P.A. 74-169, S. 16, 18; P.A. 78-230, S. 49, 54.)
History: P.A. 78-230 deleted references to Sec. 46-5h; Sec. 46-64b transferred to Sec. 46b-69 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer.
Annotations to former section 46-64b: Cited. 171 C. 23, 28. Under this section the Dissolution of Marriage Act is made applicable to all actions for dissolution of marriage commenced prior to the date of said act and to motions for modification of any alimony awards. 32 CS 92. Annotations to present section: Cited. 188 C. 385, 400, 401.

Sec. 46b-69a. Wage executions and earning assignments.

Executions and earning assignments in accordance with section 52-362 shall be available in all actions for dissolution of marriage, annulment and legal separation.
(P.A. 83-400, S. 2.)

Sec. 46b-69b. Parenting education programs.

Required. (a) The Family Division of the Judicial Department shall establish a parenting education program for parties involved in any action before the Superior Court under section 46b-1, except actions brought under section 46b-15 and chapter 815t. For purposes of this section, a "parenting education program" means a course designed by the Judicial Department to educate persons on the impact on children of the restructuring of families. The course shall include, but not be limited to, information on the developmental stages of children, adjustment of children to parental separation, dispute resolution and conflict management, guidelines for visitation, stress reduction in children and cooperative parenting. (b) The court shall order any party to an action specified in subsection (a) of this section to participate in such program whenever a minor child is involved in such action unless (1) the parties agree, subject to the approval of the court, not to participate in such program, (2) the court, on motion, determines that participation is not deemed necessary or (3) the parties select and participate in a comparable parenting education program. No party shall be required to participate in such program more than once. A party shall be deemed to have satisfactorily completed such program upon certification by the service provider of the program. (c) The Family Division shall, by contract with service providers, make available the parenting education program and shall certify to the court the results of each party's participation in the program. (d) Any person who is ordered to participate in a parenting education program shall pay directly to the service provider a participation fee, except that no person may be excluded from such program for inability to pay such fee. Any contract entered into between the Family Division and the service provider pursuant to subsection (c) of this section shall include a fee schedule and provisions requiring service providers to allow persons who are indigent or unable to pay to participate in such program and shall provide that all costs of such program shall be covered by the revenue generated from participants' fees. The total cost for such program shall not exceed two hundred dollars per person. Such amount shall be indexed annually to reflect the rate of inflation. The program shall not exceed a total of ten hours. (e) Any service provider under contract with the Family Division pursuant to this section shall provide safety and security for participants in the program, including victims of family violence.
(P.A. 93-319, S. 1, 4; May 25 Sp. Sess. P.A. 94-1, S. 99, 130.)
History: P.A. 93-319 effective January 1, 1994, and applicable to actions pending on, or filed on or after, that date; May 25 Sp. Sess. P.A. 94-1 amended Subsec. (a) by making technical change, effective July 1, 1994.

Sec. 46b-69c. Advisory committee.

Recommendations to Judicial Department concerning parenting education programs. (a) There is established an advisory committee to (1) make recommendations to the Judicial Department on the development of, and annually thereafter on modifications to, the curriculum for the parenting education program established pursuant to subsection (a) of section 46b-69b and (2) advise on other matters involving the service providers, including the qualifications and selection of such providers. (b) The advisory committee shall consist of not more than ten members to be appointed by the Chief Justice of the Supreme Court and shall include members who represent the commission on children, the family law section of the Connecticut Bar Association, educators specializing in children studies, agencies representing victims of family violence, service providers and the Judicial Department. The members shall serve for terms of two years and may be reappointed for succeeding terms. The members shall elect a chairperson from among their number and shall receive no compensation for their services. (c) The Family Division of the Judicial Department shall provide staff services to the advisory committee.
(P.A. 93-319, S. 2, 4.)
History: P.A. 93-319 effective July 1, 1993.

PART II*

ENFORCEMENT OF FOREIGN MATRIMONIAL JUDGMENTS

____________ *Enforcement of child support arrearage judgment, res judicata and special appearance to contest jurisdiction discussed. 191 C. 92, 93, 96, 100, 101. Cited. 203 C. 380, 383. Cited. 1 CA 578, 580, 582. Secs. 46b-7046b-75 cited. 30 CA 821, 822. Sec. 46b-70 et seq. cited. 33 CA 417, 418. Sec. 46b-70 et seq. cited. 41 CS 429, 431.

Sec. 46b-70. Foreign matrimonial judgment defined.

As used in sections 46b-70 to 46b-75, inclusive, "foreign matrimonial judgment" means any judgment, decree or order of a court of any state in the United States in an action for divorce, legal separation, annulment or dissolution of marriage, for the custody, care, education, visitation, maintenance or support of children or for alimony, support or the disposition of property of the parties to an existing or terminated marriage, in which both parties have entered an appearance.
(P.A. 77-428, S. 1.)
Cited. 191 C. 92, 93, 96, 100, 101. Cited. 1 CA 578, 579. Cited. 3 CA 679, 681. Cited. 6 CA 541543, 545. Cited. 30 CA 821823, 825, 826. Cited. 33 CA 417421. Cited. 39 CS 66, 74. Cited. 41 CS 429, 434.

Sec. 46b-71. Filing of foreign matrimonial judgment; enforcement in this state.

(a) Any party to an action in which a foreign matrimonial judgment has been rendered, shall file, with a certified copy of the foreign matrimonial judgment, in the court in this state in which enforcement of such judgment is sought, a certification that such judgment is final, has not been modified, altered, amended, set aside or vacated and that the enforcement of such judgment has not been stayed or suspended, and such certificate shall set forth the full name and last-known address of the other party to such judgment and the name and address of the court in the foreign state which rendered such judgment. (b) Such foreign matrimonial judgment shall become a judgment of the court of this state where it is filed and shall be enforced and otherwise treated in the same manner as a judgment of a court in this state; provided such foreign matrimonial judgment does not contravene the public policy of the state of Connecticut. A foreign matrimonial judgment so filed shall have the same effect and may be enforced or satisfied in the same manner as any like judgment of a court of this state and is subject to the same procedures for modifying, altering, amending, vacating, setting aside, staying or suspending said judgment as a judgment of a court of this state; provided, in modifying, altering, amending, setting aside, vacating, staying or suspending any such foreign matrimonial judgment in this state the substantive law of the foreign jurisdiction shall be controlling.
(P.A. 77-428, S. 2; P.A. 89-3.)
History: P.A. 89-3 amended Subsec. (a) to require the certificate to set forth the name and address of the court in the foreign state which rendered the judgment.
Cited. 189 C. 129, 132. Cited. 191 C. 92, 93, 96, 100, 101. Cited. 1 CA 578, 579, 583. Cited. 6 CA 541543, 545, 546. Cited. 17 CA 544, 552, 554. Cited. 33 CA 417, 418. Cited. 35 CA 246248. Construction of this section that would confer the same personal jurisdiction of decree-rendering state upon Connecticut courts would violate fundamental due process and the minimum contacts standards. 41 CS 429431, 433435, 437. Subsec. (a): Cited. 30 CA 821, 822. Subsec. (b): Cited. 189 C. 129, 134. Cited. 191 C. 92, 93. Cited. 1 CA 578, 582. Cited. 17 CA 544, 552. Cited. 30 CA 821, 825. Cited. 33 CA 417, 420, 421. Cited. 35 CA 246, 248.

Sec. 46b-72. Notification of filing.

Within five days after the filing of such judgment and certificate, the party filing such judgment shall notify the other party of the filing of such foreign matrimonial judgment by registered mail at his last-known address or by personal service. Execution shall not issue on any such foreign matrimonial judgment for a period of twenty days from the filing thereof and no steps shall be taken to enforce such judgment until proof of service has been filed with the court.
(P.A. 77-428, S. 3.)
Cited. 191 C. 92, 93, 96, 100, 107. Cited. 6 CA 541, 542.

Sec. 46b-73. Stay of enforcement; modifications; hearing.

(a) If either party files an affidavit with the court that an appeal from the foreign matrimonial judgment is pending in the foreign state, or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign matrimonial judgment until the appeal is concluded, the time for appeal expires or the stay of execution expires or is vacated. (b) If a party files an affidavit with the court that such foreign matrimonial judgment has been modified, altered or amended, the court shall enforce such foreign matrimonial judgment as modified, altered or amended. (c) Upon motion made to the court of this state in which the foreign matrimonial judgment has been filed, either party shall be entitled to a hearing on any disputed issue of fact or law concerning the enforceability of said judgment in this state, including any challenge to the jurisdiction of the court which rendered such foreign matrimonial judgment.
(P.A. 77-428, S. 4.)
Cited. 191 C. 92, 93, 96, 100, 101. Cited. 6 CA 541, 542.

Sec. 46b-74. Right to action on judgment unimpaired.

The right of a party to a foreign matrimonial judgment to proceed by an action on the judgment instead of proceeding under sections 46b-70 to 46b-75, inclusive, remains unimpaired.
(P.A. 77-428, S. 5.)
Cited. 191 C. 92, 93, 96, 100, 101. Cited. 6 CA 541, 542.

Sec. 46b-75. Uniformity of interpretation.

Sections 46b-70 to 46b-75, inclusive, shall be so construed as to effectuate their general purpose to make uniform the laws of those states which enact them.
(P.A. 77-428, S. 6.)
Cited. 191 C. 92, 93, 96, 100, 101. Cited. 6 CA 541, 542.

PART III*

SUPPORT OF CHILD AND SPOUSE. TRANSFER OF PROPERTY


____________ *Cited. 20 CA 500, 510. Cited. 26 CA 737, 745.

Sec. 46b-80. (Formerly Sec. 46-38). Prejudgment remedies available; lis pendens; notice; effect.

(a) The following procedures shall be available to secure the financial interests of either spouse in connection with any complaint under section 46b-45, 46b-56 or 46b-61: (1) Any remedy afforded by chapter 903a concerning prejudgment remedies, whether or not a money demand is made in such complaint; and (2) at any time after the service of such a complaint, if either party claims an interest in real property in which the other party has an interest, either spouse may cause a notice of lis pendens to be recorded in the office of the town clerk of each town in which is located real property in which the other spouse has an interest. The notice shall contain the names of the spouses, the nature of the complaint, the court having jurisdiction, the date of the complaint and a description of the real property. Such notice shall, from the time of the recording only, be notice to any person thereafter acquiring any interest in such property of the pendency of the complaint. Each person whose conveyance or encumbrance is subsequently executed or subsequently recorded or whose interest is thereafter obtained by descent, or otherwise, shall be deemed to be a subsequent purchaser or encumbrancer, and shall be bound by all proceedings taken after the recording of such notice, to the same extent as if he were made a party to the complaint. A notice of lis pendens recorded in accordance with this section may be discharged by the court upon substitution of a bond with surety in an amount established by the court if the court finds that the claim of the spouse against property subject to the notice of lis pendens can be satisfied by money damages. (b) All notices of lis pendens recorded pursuant to the provisions of subsection (a) shall be subject to the provisions of subsection (c) of section 52-325 and sections 52-325a to 52-325c, inclusive.
(P.A. 73-373, S. 5; P.A. 74-169, S. 4, 18; P.A. 77-392; P.A. 78-230, S. 23, 54; P.A. 81-8, S. 5, 9.)
History: P.A. 74-169 rephrased provisions, replacing former detailed provisions in Subdiv. (1) re procedure for attachment of other party's estate by court order with reference to "any remedy ... concerning prejudgment remedies" and specifically applying Subdiv. (2) to claims of interest in real property; P.A. 77-392 specified that Subdiv. (1) remedies apply "whether or not a money demand is made ..." and added proviso in Subdiv. (2) re discharge of notice of lis pendens upon substitution of bond with surety; P.A. 78-230 made minor changes in wording; Sec. 46-38 transferred to Sec. 46b-80 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer; P.A. 81-8 added Subsec. (b) providing that notices of lis pendens shall be subject to the provisions of Subsec. (c) of Sec. 52-325 and Secs. 52-325a to 52-325c, inclusive.
Cited. 217 C. 24, 39.

Sec. 46b-81. (Formerly Sec. 46-51). Assignment of property and transfer of title.

(a) At the time of entering a decree annulling or dissolving a marriage or for legal separation pursuant to a complaint under section 46b-45, the Superior Court may assign to either the husband or wife all or any part of the estate of the other. The court may pass title to real property to either party or to a third person or may order the sale of such real property, without any act by either the husband or the wife, when in the judgment of the court it is the proper mode to carry the decree into effect. (b) A conveyance made pursuant to the decree shall vest title in the purchaser, and shall bind all persons entitled to life estates and remainder interests in the same manner as a sale ordered by the court pursuant to the provisions of section 52-500. When the decree is recorded on the land records in the town where the real property is situated, it shall effect the transfer of the title of such real property as if it were a deed of the party or parties. (c) In fixing the nature and value of the property, if any, to be assigned, the court, after hearing the witnesses, if any, of each party, except as provided in subsection (a) of section 46b-51, shall consider the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income. The court shall also consider the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates.
(P.A. 73-373, S. 20; P.A. 75-331; P.A. 78-230, S. 36, 54.)
History: P.A. 75-331 authorized court to pass title to real property to either party or a third person or to order sale of property and added provisions relating to transfer or sale of property; P.A. 78-230 divided section into Subsecs. and changed wording slightly; Sec. 46-51 transferred to Sec. 46b-81 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer.
See Sec. 17b-743 re direction of payments under support order to commissioner of administrative services or local welfare department.
Annotations to former sections 46-21 and 46-51: Court may order payment of alimony by nonresident if he appears by attorney; and alimony may be in money if division of estate impracticable. 5 D. 353; 58 C. 328. Alimony defined; assigned not as a debt but as wife's part of husband's estate; payment enforced by process for contempt. 21 C. 195. Court has no power to assign alimony to a woman divorced for misconduct. 43 C. 424. Court inclines to opinion that an agreement concerning alimony made to facilitate divorce would be void. 46 C. 20; 56 C. 206. On ground of public policy law refuses to enforce a contract, barring alimony or dower, made during coverture. 56 C. 207. Nature of alimony. 77 C. 34; 83 C. 634. Amount rests in court's discretion. 85 C. 478. Contract as to, made before divorce, upheld. 87 C. 377; 123 C. 568. Nature of alimony; not a debt which can be factorized; 93 C. 298; as to creditor's bill to reach it. 93 C. 301. Defendant cannot excuse nonpayment by reason of his own voluntary action. 93 C. 297. Effect of attachment in divorce action where alimony is awarded in periodic payments. 94 C. 284; 96 C. 568. Evidence held insufficient to justify court in altering decree for alimony on ground of husband's fraud as to value of his property. 91 C. 219. Purpose of reception of evidence as to title to realty. 98 C. 179. Effect of recommendations of committee: Considerations determining amount of alimony. 99 C. 19, 20. By remarriage wife abandons alimony from former husband. 112 C. 256; 127 C. 515. Statute does not require alimony in all cases. 123 C. 568. Effect of default. Id. Alimony based on agreement is subject to modification. 125 C. 343; 127 C. 510. Death or change in needs of child may be cause for alteration. 125 C. 342. Remedy for enforcement of settlement contracts providing for alimony. 127 C. 514. Usually misconduct by wife after decree does not deprive her of alimony. 131 C. 596. Supplemental judgment does not blot out original provision for alimony. Id., 593. Statute gives court a wide discretion. 134 C. 312. Statute is permissive, not mandatory, and award rests in sound discretion of trial court and will not be interfered with unless it has been abused. 135 C. 163. Order for support of wife pendente lite is a final judgment from which an appeal lies. Id., 333. Court has wide discretion. Id., 408. Standard of living to be provided by alimony pendente lite is that which husband can afford, rather than that to which wife has been accustomed. Id. Cited. 140 C. 254. Decree that husband must make periodic payments of alimony to ex-wife "from his income ... during her life" construed to mean that such payments should continue only during life of husband and there was no valid claim against his estate for alimony accruing after his death. 147 C. 435. An order directing the payment of support and counsel fees is a judgment in personam and constructive service of process on a nonresident defendant is not sufficient to furnish a basis for a judgment in personam even though the defendant had actual notice of the pending action. 147 C. 561. Court's failure to direct notice to defendant of alimony pendente lite order not fatal where legal separation contested. 151 C. 292. Purpose of alimony pendente lite discussed. Id. Statute authorizing award of alimony is very broad and gives court wide discretion. Statute does not recognize absolute right to alimony. 159 C. 477, 483, 486. Court has broad discretion in awarding alimony. 163 C. 345. Section 46-21 is very broad and gives the court wide discretion. 165 C. 777, 784. Imposition of a duty of support pendente lite only on a husband not unconstitutional as a form of sex discrimination. 165 C. 190. Based on common-law principle of husband's duty to support wife and on the legislature's concept of family relationships. 165 C. 190. Cited. 166 C. 380. Cited. 168 C. 579. Cited. 168 C. 579. Cited. 168 C. 619. Cited. 171 C. 23, 28. Cited. Id., 278, 279. Cited. 172 C. 269. Cited. Id., 316. Cited. Id., 361, 362. Cited. 173 C. 397, 399. Court has authority to assign husband's interest in marital home to wife despite wife's failure to specifically claim such interest. 174 C. 1, 3. Cited. Id., 361, 363, 364. Cited. Id., 602604. Cited. 176 C. 222, 224. Cited. 178 C. 212, 214; 179 C. 213, 214. Discussion of ante nuptial agreements relating to property rights upon dissolution of the marriage. 181 C. 482, 485. Cited. 183 C. 433, 442. Cited. 5 CS 224; 11 CS 392; 13 CS 399; 16 CS 87. An allowance for support and counsel fees may not be made to a husband defendant in an action for divorce. 6 CS 467. Judgment, that the defendant turn over to the plaintiff, by way of "alimony," certain household goods, was not subject to modification as it was not an order to pay alimony "from income." 11 CS 205. The passage of terms of court presents no obstacle in altering the order for the payment of alimony. 12 CS 242. Where no order of alimony was made, there was no order to be set aside or altered. 13 CS 146. Cited. 21 CS 228. Connecticut court may grant alimony to wife whose husband obtained a valid divorce out of state if the court which granted such divorce decree could so modify the decree. 21 CS 378. Wife's right to alimony after award may be abandoned and by her laches she may be barred from equitable aid of court to secure payment of arrears through power of court to punish for contempt. 22 CS 50. Cited. Id., 148. Where separation agreement not merged in a Nevada decree, superior court will not enforce Nevada decree as to alimony. 22 CS 349. Our courts have been held to have no power to assign property of husband to woman divorced for her misconduct. 23 CS 368. Cited. 26 CS 46; 28 CS 129. Alimony award after judgment invalid. 29 CS 507. Alimony for women only. 30 CS 111. Social custom of woman to change name upon marriage, recognized. 30 CS 385. Assignment of property. 33 CS 44, 46. Wife could not recover attorneys' fees in action brought upon contract between wife and husband. 6 Conn. Cir. Ct. 118, 129. Annotations to present section: Cited. 177 C. 465, 470; 178 C. 308, 315; id., 377, 379; 179 C. 174, 178, 179, 181, 183; id., 568, 571, 573; id., 622625. Since the "estate" of the parties comprehends the aggregate of the property and liabilities of the parties, trial court did not abuse its discretion in assigning to defendant sole responsibility for the parties' joint liabilities. 180 C. 184, 191, 192. The fault of a party in causing a marital dissolution is material to the issue of an assignment of property. Id., 212214, 218. Portion of dissolution judgment which gave wife option to purchase husband's interest in jointly owned home was an assignment of property and not subject to modification. Id., 285, 289. Court is not required to give equal weight to each of the specified items it considers when assigning property. Id., 528530. Court improperly delegated its judicial power by directing the family relations division to divide parties' personal property in the event of their inability to do so. Id., 532. Assignment of property in a marital dissolution rests in the sound discretion of the court. Id., 533, 544. Cited. Id., 705, 710. Cited. 181 C. 492, 497; Id., 622, 637. Cited. 183 C. 35, 39. Trial court's transfer of out-of-state realty discussed. Id., 490, 492. Cited. Id., 512, 513. Cited. 184 C. 406, 407. Cited. 185 C. 141, 142; Id., 156, 158; Id., 275, 279; Id., 491493. Cited. 186 C. 167, 178; Id., 191, 196; Id., 211, 215; Id., 709, 714716. Cited. 187 C. 7072; Id., 249, 251. Cited. 188 C. 232, 234; Id., 385, 399, 401, 402; Id., 736, 737, 740, 741. Cited. 190 C. 173, 176; Id., 491, 493, 494; Id., 657, 660; Id., 813, 821. Cited. 191 C. 468, 476, 477. Cited. 197 C. 1, 5. "...award to defendant of a share of plaintiff's expectancy cannot be sustained as a permissible transfer of property" under statute; judgment of appellate court reversed. 204 C. 224, 228230, 232, 235. Cited. 207 C. 217, 226, 228, 230, 232. Cited. 211 C. 485, 497, 499. Cited. 213 C. 686, 689. Cited. 214 C. 713, 717. Cited. 218 C. 801, 806, 812, 819 Cited. 220 C. 372, 376, 378, 380. Cited. 221 C. 698, 702, 709, 711. Cited. 222 C. 3234, 43, 47. Cited. 224 C. 776, 794. Cited. 226 C. 219, 221. Order to pay mortgage instalments and taxes was intended by trial court to constitute a division of property. Judgment of appellate court in Passamano v. Passamano, 28 CA 854, reversed. 228 C. 85, 88, 91, 9395. Judgment of appellate court in Krafick v. Krafick, 34 CA 930, reversed and case remanded to trial court to assign appropriate valuation to pension benefits and reconsider its financial orders. 234 C. 783785, 789, 792795, 797, 798, 801, 805, 806. Cited. 1 CA 158, 160; Id., 604607. Cited. 2 CA 179, 195; Id., 425, 428; Id., 635, 643. Cited. 3 CA 249. Cited. 4 CA 275, 286; Id., 575, 577; Id., 611, 613, 615; Id., 663665. Cited. 5 CA 198, 200. Cited. 6 CA 143, 146, 147; Id., 471; Id., 632636. Cited. 8 CA 356, 359. Cited 9 CA 240, 243. Cited. Id., 432, 433. Cited. 11 CA 195, 198. Cited. Id., 369, 374. Cited. Id., 610, 619. Cited. Id., 653, 657. Cited. 12 CA 525, 526. Cited. 13 CA 185, 189. Cited. Id., 270, 275. Cited. Id., 300, 306, 308, 312. Cited. Id., 651, 661. Cited. 14 CA 195, 197. Cited. Id., 296, 308. Cited. Id., 541, 547. Cited. 15 CA 292, 295. Cited. 16 CA 193, 199201. Cited. Id., 412, 416. Cited. Id., 680, 681, 683. Cited. 17 CA 480, 484. Cited. 18 CA 166, 168, 169, 171. Cited. Id., 333, 335. Cited. Id., 622, 633. Cited. 19 CA 65, 68. Cited. 20 CA 812. Cited. 22 CA 136, 139. Cited. Id., 248, 252. Cited. Id., 337, 339. Cited. Id., 392, 396. Cited. Id., 410, 414. Cited. Id., 806. Cited. 23 CA 330, 341. Cited. 24 CA 509, 510, 513. Cited. 25 CA 41, 47. Cited. Id., 595, 597. Cited. 26 CA 527, 530. Cited. 27 CA 364, 369. Cited. 28 CA 208, 216. Cited. Id., 854, 857; judgment reversed, see 228 C. 85 et seq. Cited. 30 CA 292, 293. Cited. Id., 443, 444, 448, 450. Cited. Id., 560, 565. Cited. 31 CA 736, 739, 742, 743. Cited. 32 CA 152, 161. Cited. Id., 465, 468, 471. Cited. Id., 537, 542. Cited. 33 CA 214, 222. Cited. Id., 536, 539, 540. Cited. 34 CA 328, 331, 332. Cited. Id., 641, 644. Cited. Id., 785, 787; judgment reversed, see 235 C. 45 et seq. Cited. 36 CA 305, 308. Cited. 37 CA 397, 401. Cited. 39 CA 57. Cited. 40 CA 178. Cited. Id., 533, 535. Cited. Id., 562566, 568, 569. Cited. Id., 697, 702704. Cited. 41 CA 716, 718. Cited. Id., 728, 736, 737. Cited. Id., 861, 864. Unliquidated personal injury action is subject to award under this section. 41 CS 115117, 122. Cited. 43 CS 400, 407. Subsec. (a): Cited. 181 C. 248, 250. Cited. 183 C. 35, 39. Cited. 185 C. 275, 284. Cited. 186 C. 167, 170; Id., 191, 195. Cited. 213 C. 686, 689. Cited. 216 C. 673, 676. Cited. 221 C. 698, 702. Cited. 228 C. 85, 89. Cited. 236 C. 582, 592. Cited. 2 CA 635, 639. Cited. 3 CA 25, 28; Id., 249. Cited. 5 CA 198, 201. Cited. 11 CA 369, 374. Cited. 14 CA 541. Cited. 17 CA 431, 433, 434. Cited. 18 CA 589, 591. Cited. 25 CA 41, 46. Cited. 27 CA 364, 365, 368. Cited. 28 CA 854, 858; judgment reversed, see 228 C. 85 et seq. Cited. 30 CA 560, 570. Cited. 32 CA 465, 468, 469. Cited. 36 CA 305, 308. Cited. 39 CA 162, 163, 170. Cited. 40 CA 533, 535. Cited. Id., 562, 565. Cited. Id., 697, 702. Subsec. (b): Cited. 185 C. 180, 185. Subsec. (c): Cited. 183 C. 96, 100. Cited. 184 C. 36, 49; Id., 513, 517. Cited. 185 C. 275, 285. Cited. 186 C. 167, 171, 172, 179; Id., 311, 326; Id., 709, 714, 715; Id., 773, 777. Cited. 187 C. 70, 71; Id., 142144; Id., 144146. Cited. 188 C. 232, 234; Id., 385, 402; Id., 736, 740. Cited. 189 C. 570, 571. Cited. 190 C. 126, 127; Id., 657, 661663. Cited. 197 C. 1, 2, 5, 6. Cited. 206 C. 150, 155. Cited. 207 C. 217, 231, 232. Cited. 210 C. 170, 173. Cited. 211 C. 485, 497. Cited. 213 C. 686, 689. Cited. 220 C. 372, 378. Cited. 224 C. 776, 794796. Cited. 231 C. 168, 172. Cited. 236 C. 582, 593. Cited. 2 CA 416, 418; Id., 425, 426; Id., 635, 639, 641, 642. Cited. 3 CA 25, 28; Id., 249; Id., 704, 705. Cited. 4 CA 504, 507. Cited. 5 CA 185, 188; Id., 484, 487; Id., 681, 687. Cited. 7 CA 41, 43; Id., 119. Cited. 11 CA 369, 373. Cited. 13 CA 651, 657. Cited. 14 CA 541, 547. Cited. 12 CA 596, 599. "Contemplates nonmonetary as well as monetary contributions." 13 CA 300, 307, 308. Cited. 15 CA 292, 296. Cited. Id., 318, 321. Cited. 16 CA 680, 682. Cited. 17 CA 431433. Cited. Id., 480, 482. Cited. 18 CA 622, 633, 634. Cited. 20 CA 145, 147. Cited. 22 CA 310, 313, 314. Cited. 23 CA 111, 113. Cited. Id., 287, 303. Cited. 25 CA 41, 47. Cited. Id., 693, 701. Cited. 26 CA 386, 389. Cited. Id., 527, 530, 531. Cited. Id., 720, 728. Cited. 27 CA 364, 365, 368. Cited. 30 CA 443, 449. Cited. Id., 560, 566, 567, 570. Cited. 34 CA 328, 330, 336, 338, 341. Cited. 36 CA 305, 310. Cited. 39 CA 57. Cited. Id., 162, 164, 166. Cited. 40 CA 562, 563, 565. Cited. Id., 697, 700, 702. Cited. 41 CA 716, 720, 722. Cited. Id., 728, 735.

Sec. 46b-82. (Formerly Sec. 46-52). Alimony.

At the time of entering the decree, the Superior Court may order either of the parties to pay alimony to the other, in addition to or in lieu of an award pursuant to section 46b-81. The order may direct that security be given therefor on such terms as the court may deem desirable, including an order to either party to contract with a third party for periodic payments or payments contingent on a life to the other party. In determining whether alimony shall be awarded, and the duration and amount of the award, the court shall hear the witnesses, if any, of each party, except as provided in subsection (a) of section 46b-51, shall consider the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate and needs of each of the parties and the award, if any, which the court may make pursuant to section 46b-81, and, in the case of a parent to whom the custody of minor children has been awarded, the desirability of such parent's securing employment.
(P.A. 73-373, S. 21; P.A. 78-230, S. 37, 54; P.A. 83-527, S. 1.)
History: P.A. 78-230 restated provisions; Sec. 46-52 transferred to Sec. 46b-82 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer; P.A. 83-527 added provision that court may order either party to contract with a third party for periodic payments or payments contingent on a life to the other party.
See Sec. 17b-743 re direction that payments under support order be made to commissioner of administrative services or local welfare department. See Sec. 17b-744 re discontinuance of such support payments to commissioner of administrative services.
Annotations to former section 46-21 and 46-52: See annotations to section 46b-81. Cited. 171 C. 23, 28. Cited. Id., 219. Cited. Id., 278, 279. Established judicial standards of review of awards of alimony developed under section 46-21 apply to review of awards made under this section. Trial court is guided in exercise of discretion by listing in this section of factors to be considered in awarding alimony. Id., 313, 315. Cited. 172 C. 192, 195. Wife's earning potential is important factor to be considered in awarding alimony. Id., 202, 205, 206. Cited. Id., 269. Cited. Id., 316. Cited. Id., 361, 362. Cited. 173 C. 397, 399, 401. Cited. 174 C. 1, 3. Cited. Id., 279, 280. Cited Id., 602, 603. Cited. 176 C. 222, 224. Cited. 178 C. 377, 380. Discussion ante nuptial agreements relating to property rights upon dissolution of the marriage. 181 C. 482, 485. Cited. 183 C. 433, 441, 443. Alimony. 33 CS 44, 46, 48. Annotations to present section: Cited. 177 C. 465, 470; 178 C. 308, 315; 179 C. 174, 178, 179, 181; id., 568, 570, 573; id., 622625. Alimony award based on demonstrated earning capacity is appropriate especially where defendant has wilfully depleted his earnings. 180 C. 184, 189. The same criteria which determine initial alimony award are relevant to the question of modification. Id., 218, 222. Cited. Id., 376, 381. There is no absolute right to alimony. Id., 528, 529. Court is not required to give equal weight to each of the specified items it considers in determining an award. Id., 530. Cited. Id., 705, 710. Cited. 181 C. 145, 150; 182 C. 19, 22. Cited. 183 C. 35, 40; Id., 96, 100; Id., 253, 259, 261; Id., 512, 513. Cited. 184 C. 36, 49; Id., 406, 407; Id., 513, 519. Cited. 185 C. 7, 11; Id., 42, 45; Id., 141143; Id., 156, 158, 159, 161; Id., 275, 279, 280, 285; Id., 491493; Id., 573, 576. Cited. 186 C. 167, 170, 178, 179; Id., 191, 195; Id., 311, 326328; Id., 709, 713, 714; Id., 773, 777. Cited. 187 C. 249, 251. Cited. 188 C. 98, 100, 101, 104; Id., 232, 234; Id., 354, 361; Id., 385, 390, 397, 399, 401404; Id., 736, 737, 740, 741. Cited. 189 C. 129, 142. Award of alimony under the statute is not contingent upon a specific request. Id., 685, 688. Cited. 190 C. 26, 29, 3133; Id., 3638; Id., 126, 131; Id., 173, 177, 178; Id., 269, 280; Id., 491, 493495; Id., 657, 660. Cited. 191 C. 46, 59; Id., 81, 87. Cited. 193 C. 261, 269. Cited. 194 C. 25, 3134; Id., 312, 326. Cited. 197 C. 13, 5, 7. Contingent order could not be sustained as an award of alimony under this statute or as assignment of property under Sec. 46b-81. Judgment of appellate court reversed. 204 C. 224, 228, 233. Cited. 207 C. 217, 226, 229, 232. Cited. 210 C. 170, 174. Cited. 211 C. 485, 497. Cited. 213 C. 686, 687. Cited. 214 C. 713, 715, 717. Cited. 216 C. 673, 676. Cited. 218 C. 801, 819, 820. Cited. 220 C. 372, 376, 378, 380, 382. Cited. 221 C. 698, 702. Cited. 222 C. 3234, 43, 44, 47. Cited. 225 C. 185, 200. Cited. 228 C. 85, 89. Cited. 228 C. 729, 736, 738, 739, 743, 746. Cited. 231 C. 168, 172. Cited. 234 C. 783, 789, 798, 801, 805, 806. Judgment of appellate court in Tremaine v. Tremaine, 34 CA 785, reversed with respect to its affirming the decision of trial court that the trust constitutes an asset of defendant for purpose of determining alimony. 235 C. 45, 48, 50, 53. Doctrine of res judicata does not require all issues between spouses to be litigated in the dissolution proceeding. 236 C. 582, 592, 593. Cited. 1 CA 158, 160; Id., 172, 174; Id., 400, 406, 408; Id., 604, 605; Id., 686, 688, 689. Cited. 2 CA 14, 16, 17; Id., 141, 147, 151; Id., 179, 195; Id., 416, 418; Id., 425, 426, 428; Id., 472, 483. Criteria to be considered for alimony awards do not include impracticability of the collection of alimony. Id., 590, 594. Cited. 3 CA 25, 28; Id., 679, 682. Cited. 4 CA 489, 492; Id., 575, 577; Id., 611, 613, 615. Cited. 5 CA 67, 69; Id., 95, 99, 100; Id., 185, 188; Id., 484, 487. Cited. 6 CA 471, 472; Id., 632, 637. Cited. 7 CA 4144. Cited. 8 CA 50, 55, 56; Id., 76, 81. Cited. 9 CA 432, 433. Cited. Id., 486, 489. Cited. Id., 498, 502, 503. Cited. 10 CA 466, 473. Cited. Id., 570, 574. Language of this section and Sec. 46b-62 does not provide for consideration of status of legal services rendered, whether private or nonprofit, in awarding attorney's fees. 11 CA 150, 155. Cited. Id., 195, 198. Cited. Id., 268, 288. Cited Id., 463, 469. Cited. Id., 610, 619. Cited. Id., 653, 657. Cited 12 CA 525, 526. Cited. Id., 596, 599, 600. Cited. Id., 626, 632. Cited. 13 CA 129, 131. Cited. Id., 185, 189. Cited. Id., 270, 272. Cited. Id., 300, 305, 306, 312. Cited. Id., 512, 515, 516. Cited. Id., 651, 655, 661. Cited. 14 CA 541, 546, 547. Cited. 15 CA 292, 295. Cited. Id., 318, 320, 321. Cited. 16 CA 193, 197, 200, 204, 205. Cited. Id., 412, 418, 419. Cited. Id., 680, 682, 683. Cited. 17 CA 480, 482, 484. Cited. 18 CA 166, 168, 169. Cited. Id., 622, 630, 634, 637, 640. Cited. 19 CA 146, 158. Cited. 20 CA 500, 505, 507, 510512. Cited. Id., 551, 555, 556. Cited. Id., 609, 611613. Cited. 21 CA 200, 204. Cited. 22 CA 136, 140142. Cited. Id., 248, 252. Cited. Id., 337, 339. Cited. Id., 392, 396. Cited. 23 CA 98, 106. Cited. Id., 111, 113. Cited. Id., 330, 341. Cited. 24 CA 307, 313. Cited. Id., 343, 346. Cited. Id., 509, 513. Cited. 25 CA 41, 49, 50. Cited. Id., 555, 556. Cited. Id., 595, 597. Cited. 26 CA 386, 389, 394. Cited. Id., 527, 530, 531. Cited. Id., 720, 728. Cited. Id., 737, 746. Cited. 27 CA 364, 368. Cited. Id., 396, 399. Cited. 28 CA 208, 216218. Cited. Id., 483, 488. Cited. Id., 854, 857, 860; judgment reversed, see 228 C. 85 et seq. Cited. 30 CA 292, 293. Cited. Id., 443, 444, 448, 450, 451. Cited. Id., 560, 564, 565. Cited. 31 CA 561, 563. Cited. Id., 582, 583. Cited. Id., 736, 739. Cited. 32 CA 152, 164. Cited. Id., 537, 538, 542544, 546. Cited. Id., 733, 744. Cited. 33 CA 536, 538. Cited. 34 CA 328, 330333, 336, 338. Cited. Id., 462, 471473; judgment reversed, see 232 C. 750 et seq. Cited. Id., 641, 642, 649. Cited. Id., 785, 787, 789, 791; judgment reversed, see 235 C. 45 et seq. Cited. 35 CA 228, 233. Cited. Id., 246, 252, 253. Cited. 36 CA 305, 311, 312. Cited. 39 CA 162, 168. Cited. 40 CA 178, 179. Cited. 41 CA 716, 718. Cited. 41 CS 115.

Sec. 46b-83. (Formerly Sec. 46-50). Alimony, support and use of family home or other residential dwelling unit awarded pendente lite.

At any time after the return day of a complaint under section 46b-45, 46b-56 or 46b-61, and after hearing, alimony and support pendente lite may be awarded to either of the parties from the date of the filing of an application therefor with the Superior Court. Full credit shall be given for all sums paid to one party by the other from the date of the filing of such an application to the date of rendition of such order. In making an order for alimony pendente lite the court shall consider all factors enumerated in section 46b-82, except the grounds for the complaint or cross complaint, to be considered with respect to a permanent award of alimony. In making an order for support pendente lite the court shall consider all factors enumerated in section 46b-84. The court may also award exclusive use of the family home or any other dwelling unit which is available for use as a residence pendente lite to either of the parties as is just and equitable without regard to the respective interests of the parties in the property.
(P.A. 73-373, S. 22; P.A. 74-169, S. 13, 18; P.A. 75-530, S. 14, 35; P.A. 78-230, S. 35, 54; P.A. 93-7.)
History: P.A. 74-169 added references to Secs. 46-42 and 46-52; P.A. 75-530 referred to return day of complaint rather than to its filing date and required consideration of factors in Sec. 46-57 when making order for support pendente lite where previously factors in Sec. 46-52 were to be considered in making such an order; P.A. 78-230 made minor change in wording; Sec. 46-50 transferred to Sec. 46b-83 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer; P.A. 93-7 authorized the court to award exclusive use of "any other dwelling unit which is available for use as a residence" pendente lite and to make the award of the family home or such dwelling unit to either of the parties "as is just and equitable".
See Sec. 17b-743 re direction that payments under support order be made to commissioner of administrative services or local welfare department.
Annotations to former section 46-50: Cited. 171 C. 433, 436. Alimony. 33 CS 44, 46. Annotations to present section: Cited. 183 C. 230, 233. Cited. 194 C. 312, 326. Cited. 211 C. 801. Cited. 18 CA 622, 640. Cited. 24 CA 219, 221. Cited. 41 CA 861, 864. Cited. 41 CS 258, 265. Cited. 42 CS 562, 566.

Sec. 46b-84. (Formerly Sec. 46-57). Parents' obligation for maintenance of minor child.

Order for health insurance coverage. (a) Upon or subsequent to the annulment or dissolution of any marriage or the entry of a decree of legal separation or divorce, the parents of a minor child of the marriage, shall maintain the child according to their respective abilities, if the child is in need of maintenance. (b) If there is an unmarried child of the marriage who has attained the age of eighteen, is a full-time high school student and resides with a parent, the parents shall maintain the child according to their respective abilities if the child is in need of maintenance until such time as such child completes the twelfth grade or attains the age of nineteen, whichever first occurs. The provisions of this subsection shall apply only in cases where the decree of dissolution of marriage, legal separation or annulment is entered on or after July 1, 1994. (c) In determining whether a child is in need of maintenance and, if in need, the respective abilities of the parents to provide such maintenance and the amount thereof, the court shall consider the age, health, station, occupation, earning capacity, amount and sources of income, estate, vocational skills and employability of each of the parents, and the age, health, station, occupation, educational status and expectation, amount and sources of income, vocational skills, employability, estate and needs of the child. (d) At any time at which orders are entered in a proceeding for dissolution of marriage, annulment, legal separation, custody, or support, whether before, at the time of, or after entry of a decree or judgment, if health insurance coverage for a child is ordered by the court to be maintained, the court shall provide in the order that (1) the signature of the custodial parent or custodian of the insured dependent shall constitute a valid authorization to the insurer for purposes of processing an insurance reimbursement payment to the provider of the medical services, to the custodial parent or to the custodian, (2) neither parent shall prevent or interfere with the timely processing of any insurance reimbursement claim and (3) if the parent receiving an insurance reimbursement payment is not the parent or custodian who is paying the bill for the services of the medical provider, the parent receiving such insurance reimbursement payment shall promptly pay to the parent or custodian paying such bill any insurance reimbursement for such services. For purposes of subdivision (1), the custodial parent or custodian is responsible for providing the insurer with a certified copy of the order of dissolution or other order requiring maintenance of insurance for a child provided if such custodial parent or custodian fails to provide the insurer with a copy of such order, the Commissioner of Social Services may provide the insurer with a copy of such order. Such insurer may thereafter rely on such order and is not responsible for inquiring as to the legal sufficiency of the order. The custodial parent or custodian shall be responsible for providing the insurer with a certified copy of any order which materially alters the provision of the original order with respect to the maintenance of insurance for a child. If presented with an insurance reimbursement claim signed by the custodial parent or custodian, such insurer shall reimburse the provider of the medical services, if payment is to be made to such provider under the policy, or shall otherwise reimburse the custodial parent or custodian. (e) After the granting of a decree annulling or dissolving the marriage or ordering a legal separation, and upon complaint or motion with order and summons made to the Superior Court by either parent or by the Commissioner of Administrative Services in any case arising under subsection (a) or (b) of this section, the court shall inquire into the child's need of maintenance and the respective abilities of the parents to supply maintenance. The court shall make and enforce the decree for the maintenance of the child as it considers just, and may direct security to be given therefor, including an order to either party to contract with a third party for periodic payments or payments contingent on a life to the other party. The court may order either parent to name any child who is subject to the provisions of subsection (a) or (b) of this section as a beneficiary of any medical or dental insurance or benefit plan carried by such parent or available to such parent on a group basis through an employer or a union. (f) Whenever an obligor is before the court in proceedings to establish, modify or enforce a support order, and such order is not secured by a wage garnishment, the court may require the obligor to execute a bond or post other security sufficient to perform such order for support, provided the court finds that such a bond is available for purchase within the financial means of the obligor. Upon failure of such obligor to comply with such support order, the court may order the bond or the security forfeited and the proceeds thereof paid to the state in AFDC cases or to the obligee in non-AFDC cases.
(P.A. 73-373, S. 26; P.A. 74-169, S. 14, 18; P.A. 77-614, S. 70, 610; P.A. 78-230, S. 42, 54; P.A. 83-527, S. 2; P.A. 84-205, S. 1; 84-230; P.A. 87-207, S. 2; P.A. 89-195, S. 2; P.A. 91-4, S. 1, 2; P.A. 94-61, S. 1, 2; May Sp. Sess. P.A. 94-5, S. 9, 30; May 25 Sp. Sess. P.A. 94-1, S. 63, 130.)
History: P.A. 74-169 required parents to maintain child "subsequent to" as well as "upon" annulment or dissolution of marriage or separation decree and added reference to divorce; P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services; P.A. 78-230 divided section into Subsecs. and restated provisions in Subsecs. (a) and (c); Sec. 46-57 transferred to Sec. 46b-84 in 1979; P.A. 83-527 amended Subsec. (c) to provide that the court may order either party to contract with a third party for periodic payments or payments contingent on a life to the other party; P.A. 84-205 added the language concerning orders for medical or dental insurance in Subsec. (c); P.A. 84-230 inserted new Subsec. (c) re order for health insurance coverage for an insured dependent of the marriage, relettering former Subsec. (c) as (d); P.A. 87-207 amended Subsec. (c) to clarify that if the parent receiving an insurance reimbursement payment is not the parent who paid the bill, the former shall promptly pay the latter the amount of the reimbursement, and to require parents to notify insurers of any order altering responsibility for maintenance of insurance for the child; P.A. 89-195 added Subsec. (e) re authority of court to order bond or security for performance of support order and forfeiture of such bond or security and payment of proceeds; P.A. 91-4 amended Subsec. (c) by adding "or custodian" after "custodial parent"; P.A. 94-61 inserted new Subsec. (b) re support of unmarried child who has attained age of eighteen, is a full-time high school student and resides with a parent until such child completes the twelfth grade or attains age of nineteen, whichever first occurs, effective July 1, 1994; May Sp. Sess. P.A. 94-5 allowed the commissioner of social services to provide an insurer with a copy of the order of dissolution or other order requiring maintenance of insurance for a minor child if the custodial parent or custodian fails to provide the insurer with a copy, effective July 1, 1994; May 25 Sp. Sess. P.A. 94-1 made technical changes in Subsecs. (d) and (e), effective July 1, 1994.
See Sec. 17b-743 re direction that payments under support order be made to commissioner of administrative services or local welfare department. See Sec. 17b-744 re discontinuance of such support payments to commissioner of administrative services.
Annotations to former section 46-26: Transfer of guardianship does not release from liability of support. 3 D. 56. A wife who was granted a divorce and who was awarded custody of children cannot recover entire support of such children from husband. 22 C. 421; But see 43 C. 350, decided since change in statute. Not necessary for town to exhaust remedy provided by this section before proceeding to treat parent as pauper. 35 C. 542. When child is in custody of mother under order of court pending divorce, father's liability for support remains. 68 C. 262. Refers to children of the marriage. 134 C. 316. Court, with no basis for a finding as to ability of defendant to furnish support, could not determine the "respective abilities" of the parties. 136 C. 462. Cited. 138 C. 5. If parties have been divorced obligation of father to support child is only for such portion thereof as his ability bears to the combined ability of himself and child's mother. Id., 11. After divorce the obligation of support of a minor child or minor children of the marriage rests upon both parents according to their respective abilities. 144 C. 483. Order directing payment of support is in personam proceeding but if made against specific property of defendant within court's jurisdiction it is quasi in rem. 147 C. 238. Better practice to provide separate awards for alimony and for support of minor children. 147 C. 435. Cited. 153 C. 297. Court is to inquire into pecuniary abilities of parents and make such decree for maintenance of a child as it considers just. Obligation of defendant for support of minor child not terminated by Arkansas divorce of parties. 155 C. 544. It was error to permit divorced father under support order for his six children to reduce payments by one-sixth as each child reached age where decree nowhere provided for this. 156 C. 1. An order for support of minor children is not based solely on needs of children but takes into account what parent can afford to pay. Hence social security disability payments to divorcee for support of children did not excuse father from payments under court order of support. Id., 569. Cited. 3 CS 352; 14 CS 391; 16 CS 70. Quaere whether court in a divorce action has jurisdiction to require defendant to support adopted child. 6 CS 439. Power to amend orders for support; maintenance and education of children is complementary to that of awarding custody. 11 CS 398. Motion for support of child out of the territorial jurisdiction of the court is not an independent action but one incidental to the divorce action. 13 CS 4. "Then" means upon hearing of the complaint pending. "Thereafter made to the superior court" refers to a complaint brought as ancillary to an already decided matter and not brought to a "rule to show cause." Id., 123. In action for reimbursement for support of minor child, burden on plaintiff to show "respective abilities." 16 CS 120. Court may not award temporary maintenance pendente lite under this section. Id., 514. There is no statute of limitations on domestic judgments. The mother of a minor child is entitled to recover for support of the child from the estate of the divorced husband even though the child has died in the meantime. 17 CS 134. Cited. 26 CS 46. Additional award of $2,500 counsel fees made against defendant where payment of such fee out of award to minor child pursuant to this section would reduce award below amount necessary for maintenance of the child. 27 CS 295. Motion for temporary support and counsel fees denied as there is no statutory provision therefor. This section is in derogation of common law and must be strictly construed. 28 CS 128. Security request for wife's child support payments, denied. 29 CS 462. Support age to be twenty-one. 30 CS 49. Circuit court has no jurisdiction of action to recover payments made for support of minor son to former wife in compliance with superior court decree of divorce since such support matters are within continuing exclusive jurisdiction of superior court. 3 Conn. Cir. Ct. 318. Cited. 6 Conn. Cir. Ct. 697. Annotations to former section 46-57: Court's conclusion that wife's departure with children was unlawful without first procuring the permission of the court is incorrect. 165 C. 735. Cited. 168 C. 264, 265. Cited. 170 C. 258, 270. Cited. 171 C. 23, 29. Cited. 176 C. 222, 224. Annotations to present section: Cited. 177 C. 47, 50. Defendant was under no statutory obligation to provide support because he was not the child's biological or adoptive father and had not been adjudged the father in a paternity proceeding or filed a formal acknowledgment of paternity. 180 C. 114, 117. Court did not exceed its authority by setting aside certain personal property for the use of the minor children. Id., 528, 532. Cited. 181 C. 145, 147; id., 463466. Cited. 183 C. 230, 233, 234. Trial court abused its discretion in requiring the noncustodial parent to pay for private secondary schooling to which he, in good faith, objected, as being unnecessary and undesirable. Id., 253, 259261. Cited. Id., 512, 513. Cited. 184 C. 406, 407. Subject matter jurisdiction discussed. Id., 558, 563. Cited. 187 C. 380, 383, 384. Cited. 188 C. 354, 361. Support award may not be used to disguise alimony awards to custodial parent. 190 C. 345, 347, 349. Cited. 196 C. 260, 266. Cited. 197 C. 1, 3, 5. Cited. 199 C. 287, 293. Cited. 228 C. 85, 87. Cited. 235 C. 82, 88, 89. Cited. 236 C. 582, 593, 594. Cited. 1 CA 686, 688. Cited. 2 CA 348, 350. Cited. 3 CA 322, 327. Cited. 5 CA 85, 88. Cited. Id., 249, 251. Cited. 10 CA 466, 471. Cited. 15 CA 292, 295. Cited. 18 CA 336, 337, 341, 344. Cited. 19 CA 146, 157. Cited. 22 CA 392, 396. Cited. 25 CA 555, 556, 558, 562. Cited. Id., 595, 597. Cited. 26 CA 174, 177. Cited. Id., 737, 739, 744747. Cited. 27 CA 364, 365, 367. Cited. 39 CA 162, 170. Cited. 41 CA 716, 718. Cited. Id., 861, 864. Cited. 41 CS 429, 433. Cited. 42 CS 562, 566. Subsec. (a): Cited. 196 C. 260, 263. Cited. 197 C. 1, 2, 7. Cited. 236 C. 250, 265. Cited. 2 CA 270, 273. Cited. 26 CA 737, 745. Subsec. (a): Cited. 33 CA 633, 645. Subsec. (b): Award of child support based on defendant's demonstrated earning capacity is appropriate especially where defendant has wilfully depleted his earnings. 180 C. 184, 189. Cited. 183 C. 230, 233. Cited. 186 C. 191, 196; Id., 311, 326, 327. Cited. 197 C. 1, 2, 5, 7. Cited. 206 C. 150, 155. Cited. 207 C. 217, 229, 232. Cited. 218 C. 467, 471. Cited. 2 CA 270, 273. Cited. 5 CA 85, 89. Cited. 17 CA 670, 676. Cited. 26 CA 737, 745. Subsec. (c): Cited. 219 C. 703, 707. Cited. 20 CA 609, 610, 617, 618. Subsec. (d): Cited. 31 CA 214, 220.

Sec. 46b-85. (Formerly Sec. 46-53). Order for support of mentally ill spouse.

At the time of granting dissolution of a marriage to which one party is mentally ill or at any time thereafter, on application of either party or of the guardian or conservator of the mentally ill spouse, or of any person, town or other municipality charged with the support of the mentally ill spouse, or the Commissioner of Administrative Services if the state is charged, the court may make such order requiring support of the mentally ill spouse, or security for support, as may be proper. The court may set aside or alter any such order, at any time thereafter, on application of either party or of the guardian of the mentally ill spouse, or of any person, town or other municipality charged with support, or the Commissioner of Administrative Services if the state is charged. Any order providing for the support of the mentally ill party shall be enforceable in the same manner as orders relating to alimony.
(1949 Rev., S. 7332; 1953, 1955, S. 3004d; 1957, P.A. 502, S. 3; P.A. 73-373, S. 30; P.A. 77-614, S. 70, 610; P.A. 78-230, S. 38, 54.)
History: P.A. 73-373 referred to "dissolution of a marriage one party to which is mentally ill" rather than to divorce "granted on the ground of mental illness", substituted commissioner of finance and control for welfare commissioner and "mentally ill spouse" for "defendant" and deleted provision which prohibited orders for support to continue support of sane wife from estate of mentally ill husband after the wife remarries; P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services; P.A. 78-230 restated provisions but made no substantive changes; Sec. 46-53 transferred to Sec. 46b-85 in 1979.
See Sec. 17b-743 re direction that payments under support order be made to commissioner of administrative services or local welfare department.
Cited. 184 C. 307, 309, 310. Cited. 20 CA 500502, 508512. Cited. 26 CA 386, 387, 393, 394. Cited. Id., 737, 746.

Sec. 46b-86. (Formerly Sec. 46-54). Modification of alimony or support orders and judgments.

(a) Unless and to the extent that the decree precludes modification, any final order for the periodic payment of permanent alimony or support or an order for alimony or support pendente lite may at any time thereafter be continued, set aside, altered or modified by said court upon a showing of a substantial change in the circumstances of either party or upon a showing that the final order for child support substantially deviates from the child support guidelines established pursuant to section 46b-215a, unless there was a specific finding on the record that the application of the guidelines would be inequitable or inappropriate. There shall be a rebuttable presumption that any deviation of less than fifteen per cent from the child support guidelines is not substantial and any deviation of fifteen per cent or more from the guidelines is substantial. Modification may be made of such support order without regard to whether the order was issued before, on or after May 9, 1991. In determining whether to modify a child support order based on a substantial deviation from such child support guidelines the court shall consider the division of real and personal property between the parties set forth in the final decree and the benefits accruing to the child as the result of such division. After the date of judgment, modification of any child support order issued before or after July 1, 1990, may be made upon a showing of such substantial change of circumstances, whether or not such change of circumstances was contemplated at the time of dissolution. By written agreement, stipulation or by decision of the court, those items or circumstances that were contemplated and are not to be changed may be specified in the written agreement, stipulation or decision of the court. This section shall not apply to assignments under section 46b-81 or to any assignment of the estate or a portion thereof of one party to the other party under prior law. No order for periodic payment of permanent alimony or support may be subject to retroactive modification, except that the court may order modification with respect to any period during which there is a pending motion for modification of an alimony or support order from the date of service of notice of such pending motion upon the opposing party pursuant to section 52-50. (b) In an action for divorce, dissolution of marriage, legal separation or annulment brought by a husband or wife, in which a final judgment has been entered providing for the payment of periodic alimony by one party to the other, the Superior Court may, in its discretion and upon notice and hearing, modify such judgment and suspend, reduce or terminate the payment of periodic alimony upon a showing that the party receiving the periodic alimony is living with another person under circumstances which the court finds should result in the modification, suspension, reduction or termination of alimony because the living arrangements cause such a change of circumstances as to alter the financial needs of that party. (c) When one of the parties, or a child of the parties, is receiving or has received aid or care from the state under its afdc program as provided in Title IV-A of the Social Security Act or under its foster care program as provided in Title IV-E of the Social Security Act, or where one of the parties has applied for child support enforcement services under Title IV-D of the Social Security Act as provided in section 17b-179, such motion to modify shall be filed with the Family Support Magistrate Division for determination in accordance with subsection (m) of section 46b-231.
(P.A. 73-373, S. 23; P.A. 78-230, S. 39, 54; P.A.