2011 Connecticut Code
Title 46b Family Law
Chapter 815j Dissolution of Marriage, Legal Separation and Annulment
Sec. 46b-44. (Formerly Sec. 46-35). Residency requirement.

      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 section 46-35:

      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. Cited. Id., 433.

      Cited. 4 CA 581.

      Annotations to present section:

      Cited. 208 C. 329. Cited. 226 C. 1.

      Cited. 3 CA 679. Cited. 4 CA 581. Cited. 10 CA 566. Cited. 13 CA 632. Cited. 27 CA 142. Cited. 41 CA 382.

      Cited. 41 CS 258.

      Subsec. (c):

      Cited. 22 CA 410. Cited. 33 CA 214. Connecticut has subject matter jurisdiction over dissolution action brought by nonresident against Indian tribe member residing on a reservation in Connecticut. 243 C. 255.

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