How does jurisdiction work in out-of-state divorces?

Divorce can be complicated, especially when it involves multiple states. 

Connecticut handles jurisdictional issues in out-of-state divorces with specific legal standards and processes.

Jurisdictional requirements

To file for divorce in Connecticut, at least one spouse must meet the residency requirement. This means one spouse must have lived in the state for at least 12 months before filing. If a couple married in Connecticut and one spouse still resides there, the state also accepts jurisdiction.

Long-arm statute

Connecticut uses a long-arm statute to exercise jurisdiction over non-resident spouses. This law allows Connecticut courts to have authority if the non-resident spouse has significant connections to the state. These connections might include owning property in Connecticut, conducting business in Connecticut, or committing acts that led to the divorce while in the state.

Child custody and support

Jurisdiction over child custody and support follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The child’s home state, defined as the state where the child lived for six months before the divorce, usually has jurisdiction. Connecticut courts will defer to the child’s home state unless it declines jurisdiction or has insufficient ties to the child.

Property division

Dividing property in an out-of-state divorce can be challenging. Connecticut courts can only divide property within the state. If a couple owns property in another state, the court may work with that state’s legal system to ensure a fair division. Legal assistance often becomes necessary to navigate these complexities.

Enforcement of out-of-state orders

Enforcing out-of-state divorce orders in Connecticut requires legal action. The party seeking enforcement must register the out-of-state order with a Connecticut court. Once registered, the order holds the same power as any Connecticut-issued order. This process helps ensure compliance and provides legal recourse if one party fails to follow the order.

Practical considerations

Couples facing an out-of-state divorce should seek legal counsel familiar with both states’ laws. This ensures proper handling of jurisdictional issues and protects each party’s rights. Understanding how Connecticut addresses these matters can help smooth the process and avoid legal complications.