Legal Question in Family Law in Connecticut
I have been married to my husband for almost five years, but we have been together for eleven. Our marriage has broken down beyond repair, but when I have repeatedly asked my husband for a divorce, he says he will contest it. I have asked him to please leave, he refuses. Our condo is in my name only, and was purchased prior to our legal marriage, although he has lived with me since the purchase. I just want him to get out .... what recourse do I have for making him leave?
2 Answers from Attorneys
Your husband can contest the divorce until he's blue in the face, but he can't stop it. Connecticut is a "no-fault divorce" state. If you say the marriage has broken down irretreivably, you are entitled to the divorce, even if he says it hasn't broken down irretreivably (if you think about it, the more you say it has and he says it hasn't, that in itself kind of proves it has, doesn't it?)
At any rate, he can't stop the divorce. It doesn't matter how long you've been together. The court considers only the time you were actually legally married. A marriage of 5 years usually means no alimony to either party. Usually, each party gets to keep what they brought to the marriage, so the condo stays with you.
The only way to make him leave is to bring a divorce action in court. Even then, the court usually won't put him out until the divorce is final (unless there's violence or threats). It takes about 4 months to finalize the process.
In the alternative, you can move out until the divorce is settled. This would not affect your rights in the property.
However, I don't agree with Atty. Heffernan that you are guaranteed to keep the condo just because you had it before the marriage. Other factors may play a part in whether this is the result.