Sec. 46b-44. (Formerly Sec. 46-35). Residency requirement. - Connecticut Statutes

      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 sections 46-15 and 46-35:

      Construction of this section with regard to residence. 17 C. 286; 103 C. 193; 105 C. 504; 108 C. 300. Waiver of jurisdictional fact does not necessarily imply collusion. 35 C. 56. Spending winters out of the state not inconsistent with continuous residence in this state. 70 C. 426. As to residence necessary to give jurisdiction to foreign court so that its decree will be recognized here. 88 C. 689. Effect of divorce decreed against a nonresident. 201 U.S. 562. Residence requires more than technical domicile. 103 C. 193; 130 C. 656. Power of court to grant allowance to defend when it has no jurisdiction to grant divorce under this section. 103 C. 197; 104 C. 415. Facts held insufficient. 105 C. 504. When a wife may establish a separate domicile; frequent temporary visits out of state held not to affect acquisition of separate domicile. 108 C. 296. Question of continuous residence is one of fact. 132 C. 4. The expression "removal into this state" assumes plaintiff is here when action brought. Id., 5. Provision de persons in armed forces construed. Id., 185. Cited. 138 C. 8. Where act of abandonment took place while plaintiff was domiciled in Massachusetts, plaintiff's cause of divorce did not arise after she removed to this state. 139 C. 149. Pertains to divorce only and does not apply to annulment actions. 142 C. 173. Referee's finding upon reasonable evidence that plaintiff was domiciled in Connecticut at time of marriage, coupled with uncontested finding that plaintiff reacquired domicile here prior to bringing of action, satisfies jurisdictional requirements of statute. 154 C. 389. 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.

      What constitutes domicile. 7 CS 351. Cause of action held to arise after removal to this state where wife moved into state at husband's request thus condoning former acts and giving rise to new cause of action. 12 CS 216. Meaning of "at the time of the marriage". Id., 418. For the misconduct to occur within the state, it is probable that the defendant be present. 13 CS 44. What constitutes intent to permanently remain. 14 CS 85. What constitutes "removal into this state." 15 CS 1. Presence in this state while in the armed forces does not constitute residence. Id., 253. Cited. 16 CS 443. A course of conduct begun elsewhere and merely continued after removal into the state does not meet the requirements of the statute. 17 CS 335. Plaintiff's parents were domiciled in New York and after reaching his majority he spent his vacations in Connecticut while working in several other states, held this did not give plaintiff domicile in this state at the time of his marriage. 21 CS 359.

      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.