Sec. 46b-51. (Formerly Sec. 46-48). Stipulation of parties and finding of irretrievable breakdown.
Sec. 46b-51. (Formerly Sec. 46-48). Stipulation of parties and finding of irretrievable breakdown. (a) In any action for dissolution of marriage or legal separation
the court shall make a finding that a marriage breakdown has occurred where (1) the
parties, and not their attorneys, execute a written stipulation that their marriage has
broken down irretrievably, or (2) both parties are physically present in court and stipulate
that their marriage has broken down irretrievably and have submitted an agreement
concerning the custody, care, education, visitation, maintenance or support of their children, if any, and concerning alimony and the disposition of property. The testimony of
either party in support of that conclusion shall be sufficient.
(b) In any case in which the court finds, after hearing, that a cause enumerated in
subsection (c) of section 46b-40 exists, the court shall enter a decree dissolving the
marriage or granting a legal separation. In entering the decree, the court may either set
forth the cause of action on which the decree is based or dissolve the marriage or grant
a legal separation on the basis of irretrievable breakdown. In no case shall the decree
granted be in favor of either party.
(P.A. 73-373, S. 8; P.A. 74-169, S. 6, 18; 74-338, S. 92, 94; P.A. 78-230, S. 33, 54.)
History: P.A. 74-169 clarified Subsec. (a) by specifying execution of written stipulation or personal stipulation "where
both parties are physically present in court" that marriage is irretrievably broken and referred to legal separation in Subsec.
(b) deleting detailed description of court's finding that marriage is irretrievably broken or that parties have lived apart for
18 months and there is no reasonable prospect that they will be reconciled; P.A. 74-338 made technical change in Subsec.
(a); P.A. 78-230 restated provisions and deleted Subsec. (c) which had stated that defenses of recrimination and condonation
to action for dissolution of marriage were abolished; Sec. 46-48 transferred to Sec. 46b-51 in 1979 and reference to Sec.
46-32 revised to reflect its transfer.
Annotations to former section 46-48:
Cited. 174 C. 602. Cited. 177 C. 173.
Annotations to present section:
Cited. 190 C. 657.
Cited. 40 CA 570. Cited. 45 CA 737.
Subsec. (a):
Cited. 186 C. 311.
Subsec. (b):
Cited. 185 C. 156.
Cited. 38 CS 37.