Connecticut General Statutes/Title 46b/Chapter 815j/Section 46b-65

CGS § 46b-65. (Formerly Sec. 46-61). Filing of declaration to no longer be legally separated. Dissolution of marriage after entry of decree of legal separation.

(a) If the parties to a decree of legal separation at any time file a written declaration stating that they no longer wish to be legally separated and the declaration is signed, acknowledged and witnessed, and filed with the clerk of the superior court for the judicial district in which the separation was decreed, the declaration shall be entered upon the docket, under the entries relating to the complaint, and the decree shall be vacated and the complaint shall be deemed dismissed.

(b) At any time after the entry of a decree of legal separation, either party may petition the superior court for the judicial district in which the decree was entered for a decree dissolving the marriage. The court may enter the decree in the presence of the party seeking the dissolution or, if a party attests that no restraining order issued pursuant to section 46b-15 or protective order issued pursuant to section 46b-38c, between the parties is in effect or pending before the court, the court may enter the decree without requiring the presence of either party.

Short History

(P.A. 73-373, S. 12; P.A. 78-230, S. 45, 54; 78-280, S. 2, 127; P.A. 21-104, S. 20; P.A. 22-26, S. 8.)

Long History

History: P.A. 78-230 restated provisions and deleted reference to counties; P.A. 78-280 reiterated omission of reference to counties; Sec. 46-61 transferred to Sec. 46b-65 in 1979; P.A. 21-104 amended Subsec. (b) to add provision re party attestation and court entering decree without requiring presence of either party, effective June 28, 2021; P.A. 22-26 amended Subsec. (a) by replacing provision re filing of declaration of resumption of marital relations with filing of declaration stating they no longer wish to be legally separated and amended Subsec. (b) by deleting provision re if no declaration has been filed under Subsec. (a).

Citations

Cited. 25 CA 210.

Cited. 44 CS 431.

Subsec. (b):

Effect of resumption of marital relations on applicability of statute discussed. 194 C. 312.

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