Wednesday

Reconciliation in Divorce, Legal Separation or Annulment

A person may want to reconcile with his or her spouse after a divorce, legal separation or annulment proceeding has begun.  The Connecticut statutes allow for such an attempt to reconcile under sections 46b-10 and 46b-53.

Section 46b-10 states that at any time before final judgment any judge may require that either or both parties appear before any judge, referee or other disinterested person such as a family relations counselor or caseworker for the purpose of attempting a reconciliation or adjustment of differences between the parties. Such conciliator shall report to the court only whether or not reconciliation can take place and shall not disclose information given by the parties except with the consent of all parties.

Section 46b-53 provides another method for reconciliation that has a different timeline. That section states that after the return day of a complaint and prior to the expiration of the ninety-day period, either spouse or the counsel for any minor children of the marriage may submit a request for conciliation to the clerk of the court. The clerk shall enter an order that the parties meet with a mutually agreed upon conciliator or if they cannot agree, the court shall name a conciliator.

Within the ninety day period or within thirty days of the request, whichever is later, there shall be two mandatory consultations with the conciliator.  Failure of either party to attend these consultations except for good cause shall preclude further action on the complaint for six months after the return day unless the court orders otherwise.  All communications during these consultations are private except that the conciliator shall report to the court whether or not the parties attended the consultations.