Grimm v. Grimm - 82 Conn. App. 41, 844 A.2d 855 (2004)

Rule:

Conn. Gen. Stat. § 46b-40(c)(1) is a valid and neutral law of general applicability. The statute does not in any manner infringe on a spouse's right to exercise his religious beliefs merely because it permits the other spouse to obtain a divorce from him against his wishes.

Facts:

The wife filed for divorce on several occasions. She withdrew some of the actions because the husband was prolonging the litigation. Evidence were presented to the trial court on approximately 16 trial dates. The trial court ordered the husband to convey the marital residence to the wife, pay the wife lump sum alimony in the amount of $100,000, and pay her $100,000 in attorney fees. The husband claimed, inter alia, that Conn. Gen. Stat. § 46b-40(c)(1) violated the free exercise of religion, and that the trial court improperly concluded the parties' marriage had irretrievably broken down.

Issue:

Did § 46b-40(c)(1) violate the husband's right to exercise his religious beliefs?

Answer:

No.

Conclusion:

The appellate court concluded that § 46b-40(c)(1) did not violate the husband's right to exercise his religious beliefs. The husband failed to demonstrate that the trial court improperly found that the marriage had broken down irretrievably. Expert testimony was not necessary to determine whether the marriage had irretrievably broken down because such a matter could be considered within the knowledge and experience of the trier of fact. There was no abuse of discretion by the trial court in refusing to open the evidence. The trial court's finding as to the amount the husband reduced the marital assets was incorrect but was harmless error. Given the wife's financial situation, the trial court improperly awarded her counsel fees. However, the fee award was severable from the other financial orders.