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Where to File — New York or Connecticut?

BY Kenneth David Burrows
November 01, 2003

Because Connecticut serves both as a bedroom community and a weekend haven for New Yorkers, New York matrimonial lawyers often find themselves required to make a judgment as to whether a matrimonial action can be brought in Connecticut and if so, which jurisdiction is more favorable to their clients. Connecticut's matrimonial jurisprudence, while similar to New York's, differs both substantively and procedurally at a number of significant points. Unfortunately, the similarities may create something of a trap for the unwary since, by and large, the differences between New York and Connecticut matrimonial law tend to be in the details rather than in the broad strokes. This article discusses a number of the most significant points at which the laws of the two jurisdictions come together or diverge.

Jurisdiction and Grounds

In contrast to New York's 1- or 2-year residency requirement (DRL ' 230), a party may file a complaint for a dissolution of a marriage in Connecticut at any time after either party has established a residence, although no decree of dissolution can issue until at least one of the parties has been a resident for more than 12 months (Connecticut General Statutes [CGS] ' 46b-44). As in New York, “residence” in this context means domicile.

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