(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 in 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; P.A. 18-72, S. 12.)
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); P.A. 18-72 made a technical change in Subsec. (d).
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 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. 4 CA 581.
Annotations to present section:
Cited. 208 C. 329; 226 C. 1.
Cited. 3 CA 679; 4 CA 581; 10 CA 566; 13 CA 632; 27 CA 142; 41 CA 382.
Cited. 41 CS 258.
Subsec. (a):
Residency requirement is met where complaint for dissolution is filed while plaintiff is a resident of the state. 133 CA 250.
Subsec. (c):
Connecticut has subject matter jurisdiction over dissolution action brought by nonresident against Indian tribe member residing on a reservation in Connecticut. 243 C. 255.
Cited. 22 CA 410; 33 CA 214. Plaintiff deemed to be domiciled in the state for the 12 months before filing the complaint where plaintiff had been continuously residing in the state for 7 years before filing the complaint and, at the time the complaint was filed, had the intent to remain in the state for at least 12 months, despite the fact that plaintiff was temporarily living in Sweden at the time she filed a motion to restore the case, which was previously withdrawn, to the regular docket. 133 CA 250.
Notes of Decisions
Jungnelius v. Jungnelius, 35 A.3d 359 (Conn. App. Ct. 2012).
· cites it 24× “Therefore, he argues that the plaintiff does not meet the residency requirement under General Statutes § 46b-44. The plaintiff responds that she and Gustaf temporarily had gone to Sweden on August 11, 2009, for one academic year in order to allow him to become proficient in…”
Charles v. Charles, 701 A.2d 650 (Conn. 1997).
· cites it 13× “The sole issue on appeal is whether the Superior Court has subject matter jurisdiction, pursuant to General Statutes § 46b-44 (c) (l), 2 over a dissolution of marriage action brought by an individual who is not a resident of Connecticut against a member of the Mashantucket…”
Sauter v. Sauter, 495 A.2d 1116 (Conn. App. Ct. 1985).
· cites it 6× “to 1977) § 46-35, 1 the immediate predecessor of General Statutes § 46b-44 2 which currently sets forth the jurisdictional requirements applicable to dissolution actions, required “domicil plus substantially continuous residence in Connecticut by one of the parties for the…”
Carchrae v. Carchrae, 524 A.2d 672 (Conn. App. Ct. 1987).
· cites it 16× “Those allegations tracked the statutory language of General Statutes § 46b-44 (c) (2) and (3).”
W. v. W., 779 A.2d 716 (Conn. 2001).
· cites it 5× “As a result, this court cannot bring this individual before us pursuant to General Statutes §§ 46b-44 and 46b-46 in order to resolve the issue of support.”
Babouder v. Abdennur, 566 A.2d 457 (Conn. Super. Ct. 1989).
· cites it 7× “The defendant has filed a motion to dismiss the complaint on five grounds: (1) personal service upon the defendant was accomplished by trick, fraud or artifice; (2) the plaintiff is not a resident of Connecticut now or when this action was commenced, and therefore has no…”
Sachs v. Sachs, 578 A.2d 649 (Conn. App. Ct. 1990).
· cites it 6× “I The plaintiff first claims that the trial court should not have found that it had jurisdiction over the defend *415 ant because she did not meet the residency requirements of General Statutes § 46b-44 (c). Subsumed in the plaintiffs claim is an assertion that the trial court…”
Cato v. Cato, 626 A.2d 734 (Conn. 1993).
· cites it 4× “These subdivisions require that the party requesting alimony or support of children meet the residency requirement of General Statutes § 46b-44 and that both parties were domiciled in this state immediately prior to or at the time of their separation.”
Rummel v. Rummel, 635 A.2d 295 (Conn. App. Ct. 1993).
· cites it 3× “General Statutes § 46b-44 (c) provides in pertinent part: “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…”
Cashman v. Cashman, 676 A.2d 427 (Conn. App. Ct. 1996).
· cites it 4× “In addition to the notice requirements identified in subsection (a), the party requesting alimony must meet the residency requirement of General Statutes § 46b-44 and show that Connecticut was the domicile of both parties immediately prior to or at the time of their separation.”
Nielsen v. Nielsen, 491 A.2d 1112 (Conn. App. Ct. 1985).
· cites it 2× “We note that Connecticut has enacted a similar domestic relations long arm statute providing for personal jurisdiction over a nonresident party, where the party has received actual notice of the dissolution action pursuant to an order of notice, the complaining party meets the…”
Brody v. Brody, 51 A.3d 1121 (Conn. App. Ct. 2012).
· cites it 2× “See General Statutes § 46b-44 (c) (“[a] decree dissolving a marriage .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.