Fathers' Rights in Divorces in Connecticut
States are attempting to remove gender-bias from divorce law. In Connecticut, a husband/father is on equal footing with his spouse. He can receive his fair share of marital assets, may receive alimony and can be granted custody of any children of the marriage.
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Divorce
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Divorce is available to either the husband or wife in Connecticut so long as at least one spouse has been a resident of the state for at least a year. Simple or no-fault divorce is available if spouses file together and include a signed statement that the marriage is "irretrievably broken." This process is even faster when spouses also agree to property distribution, alimony, child custody and child support.
However, if spouses cannot amicably agree to a no-fault divorce the husband or wife must file with a court and include grounds or reasons for the divorce. Grounds in Connecticut include "willful desertion" or abandonment, cruel and inhuman treatment, adultery and one spouse serving a life sentence in prison.
Property Distribution
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One area where women used to be favored in divorce is distribution of property. Now however, Connecticut divides property based on "equitable distribution," which does not mean equal, but instead fair. A court cannot consider gender when dividing marital property. Instead, factors include each spouse's age and health, the length of the marriage, each spouse's income or ability to earn income, each spouse's contribution to acquiring the marital assets and the reasons for the divorce.
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Alimony
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While alimony used to only be paid to a wife, in Connecticut alimony can be awarded to either spouse. Alimony is paid to one spouse by the other when the receiving spouse cannot earn a sufficient income to support himself or herself. When deciding whether to award alimony, as well as the amount, a court examines each spouse's age and health, the length of the marriage, what each spouse received during property distribution and which spouse has primary custody of the children, as well as whether that spouse would be able to work while caring for those children.
Child Custody
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There used to be a gender bias in the law where mothers were almost always awarded custody of their children upon divorce. In Connecticut, fathers now have an equal right to custody. The state presumes that joint custody is in the child's best interests because it is important for the child to have continuing contact with both parents. Parents can create their own joint custody agreement, or a court will award joint custody where the parents request it together, but only where the parents can establish that they will cooperate in raising the child. When custody is in dispute a court will award custody based on the "best interests of the child" standard. Factors examined include each parent's relationship with the child, which parent is the child's primary caregiver, the child's preference and each parent's ability to provide a stable and loving environment for the child.
Child Support
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Connecticut requires that both parents support their child. Child support is based on the parents' combined income and is proportioned according to each parent's percentage of the total income. Support may be increased for a child's additional needs, such as education, extracurricular activities, medical and childcare.
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References
- Photo Credit children with father image by Marzanna Syncerz from Fotolia.com
