Title 46b — Title 46b: Family Law

Sec. 46b-39. Reserved for future use. Note: Chapters 815g to 815i are also reserved for future use.

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…

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 a…

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: S…

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. Anno…

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…

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 a…

Sec. 46b-44a. Filing of joint petition for nonadversarial dissolution of marriage. Procedure. (a) An action for a nonadversarial dissolution of marriage may be commenced by the filing of a joint petition in the judicial district in which one of the parties resides. The joint peti…

Sec. 46b-44b. Revocation of joint petition for nonadversarial dissolution of marriage. Effect. (a) Any action for a nonadversarial dissolution brought pursuant to section 46b-44a may be revoked by either party by filing a notice of revocation with the clerk of the court at any ti…

Sec. 46b-44c. Disposition of nonadversarial dissolution of marriage; entry of decree of dissolution of marriage. (a) All nonadversarial dissolution actions brought pursuant to section 46b-44a shall be assigned a disposition date not less than thirty days after the date on which t…

Sec. 46b-44d. Review of settlement agreement in nonadversarial dissolution of marriage. Appearance of parties required; exceptions. Matters placed on the regular family docket. (a) If after review of a settlement agreement filed pursuant to subsection (e) of section 46b-44a, the …

Sec. 46b-45. (Formerly Sec. 46-36). Service and filing of complaint and appearance. Waiver of service. (a) A proceeding for an annulment, a dissolution of marriage or civil union or a legal separation shall be commenced by the service and filing of a complaint as in all other civ…

Sec. 46b-45a. Allegation of pregnancy in pleadings. Disagreement as to parentage. Hearing. (a) If, during the pendency of a dissolution or annulment of marriage, a spouse is pregnant, such spouse may so allege in the pleadings. The parties may in their pleadings allege and answer…

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 th…

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 men…

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…

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…

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 …

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, i…

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 attorney…

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. Cited. 4 CA 575.

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, but prior to the entry of judgment, and prior to the expiration of the ninety days fo…

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 Adm…

Sec. 46b-54. (Formerly Sec. 46-43). Appointment of counsel or guardian ad litem for a minor child. Duties. Best interests of the child. (a) The court may appoint counsel or a guardian ad litem for any minor child or children of either or both parties at any time after the return …

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

Sec. 46b-56. (Formerly Sec. 46-42). Orders re custody, care, education, visitation and support of children. Best interests of the child. Access to records of minor child by noncustodial parent. Orders re therapy, counseling and drug or alcohol screening. (a) In any controversy be…

Sec. 46b-56a. Joint custody. Definition. Presumption. Conciliation. Parental responsibility plan. Modification of orders. (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-m…

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, whic…

Sec. 46b-56c. Educational support orders. (a) For purposes of this section, an educational support order is an order entered by a court requiring a parent to provide support for a child or children to attend for up to a total of four full academic years an institution of higher e…

Sec. 46b-56d. Relocation of parent with minor child. Burden of proof. Factors considered by court. (a) In any proceeding before the Superior Court arising after the entry of a judgment awarding custody of a minor child and involving the relocation of either parent with the child,…

Sec. 46b-56e. Orders of custody or visitation re children of deploying parent. (a) For the purposes of this section: (1) “Armed forces” means the United States Army, Navy, Marine Corps, Coast Guard, Air Force and Space Force and any reserve component thereof, including the Connec…

Sec. 46b-56f. Emergency ex parte order of custody. (a) Any person seeking custody of a minor child pursuant to section 46b-56 or pursuant to an action brought under section 46b-40 may make an application to the Superior Court for an emergency ex parte order of custody when such p…

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 m…

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 husban…

Sec. 46b-59. Petition for right of visitation with minor child. Order for payment of fees. (a) As used in this section: (1) “Grandparent” means a grandparent or great-grandparent related to a minor child by (A) blood, (B) marriage, or (C) adoption of the minor child by a child of…

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, …

Sec. 46b-59b. Court may not grant visitation to parent convicted of murder. Exception. Notwithstanding any provisions of this chapter, no court shall make an order granting the right of visitation to a parent who has been convicted of murder under section 53a-54a, 53a-54b, 53a-54…

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.…

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…

Sec. 46b-61. (Formerly Sec. 46-62). Orders re children where parents live separately. Filing of accompanying documents. (a) In all cases in which the parents of a minor child live separately, the superior court for the judicial district where any parent resides may, on the applic…

Sec. 46b-62. Orders for payment of attorney's fees and fees of guardian ad litem in certain actions. Limitations on orders for payment of fees to counsel or guardian ad litem for a minor child. Methodology for calculating fees on sliding-scale basis. (a) In any proceeding seeking…

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…

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 …

Sec. 46b-65. (Formerly Sec. 46-61). Filing of declaration to no longer be legally separated. Dissolution of marriage after entry of decree of legal separation. (a) If the parties to a decree of legal separation at any time file a written declaration stating that they no longer wi…

Sec. 46b-66. (Formerly Sec. 46-49). Review of final agreement; incorporation into decree. Arbitration. (a) Except as provided in section 46b-44c, in any case under this chapter where the parties have submitted to the court a final agreement concerning the custody, care, education…

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 t…

Sec. 46b-67. (Formerly Sec. 46-44). Time frame for court to proceed in action for dissolution of marriage or civil union, legal separation or annulment. (a) Unless the parties reach a full agreement upon which they ask the court to enter judgment prior to the return date, followi…

Sec. 46b-68. (Formerly Sec. 46-64). Reports to Department of Public Health re dissolutions of marriage and annulments. Section 46b-68 is repealed, effective July 1, 1997. (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.…

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, 47-14g, 51-348a and 52-362 shall apply to all actions for dissolution of marriage, annulment and legal separation …

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.)