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Connecticut Divorce Petition

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Introduction

In Connecticut, the Dissolution of Marriage Complaint (Form JD-FM-159) is the written pleading you file to open a divorce case and ask a Superior Court judge to legally end your marriage. You submit it together with a Summons Family Actions (Form JD-FM-3) in the Superior Court, Family Division, for your Judicial District. Connecticut's statutes call the case a 'dissolution of marriage' rather than a divorce, and they name the filer the Plaintiff and the responding spouse the Defendant. Under Conn. Gen. Stat. § 46b-44, a court cannot enter a decree unless one of three residency tests is met: (1) one party has been a Connecticut resident for at least the twelve months immediately preceding the filing of the complaint or immediately preceding the decree; (2) one party was domiciled in Connecticut at the time of the marriage and returned intending to remain permanently before filing; or (3) the cause for the dissolution arose after either party moved into the state. Even after residency is satisfied, Conn. Gen. Stat. § 46b-67(a) bars the court from proceeding on the complaint until 90 days have elapsed from the return date, though the nonadversarial or expedited path can waive this in limited circumstances. The primary no-fault ground under Conn. Gen. Stat. § 46b-40(c) is that 'the marriage has broken down irretrievably,' and the state also keeps several fault grounds. You file in the Superior Court, Family Division, with a $360 fee.

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Key Things to Know

  1. 1

    Connecticut's statutes label the case a 'dissolution of marriage,' and the pleading that opens it, the Dissolution of Marriage Complaint (Form JD-FM-159), is the written document that names you the Plaintiff and your spouse the Defendant.

  2. 2

    Residency under Conn. Gen. Stat. § 46b-44: a decree may issue only if one party has lived in Connecticut for at least the twelve months immediately preceding the filing of the complaint or the decree, or was domiciled here at the time of the marriage and returned intending to remain permanently before filing, or the cause for the dissolution arose after either party moved into the state.

  3. 3

    The waiting period is 90 days: under Conn. Gen. Stat. § 46b-67(a), the court cannot proceed on the complaint until 90 days have elapsed from the return date, though the nonadversarial or expedited path can waive this in limited circumstances.

  4. 4

    Grounds are no-fault plus fault: the primary no-fault ground under Conn. Gen. Stat. § 46b-40(c) is that 'the marriage has broken down irretrievably,' with retained fault grounds (adultery, fraudulent contract, willful desertion for one year, seven years' absence, habitual intemperance, intolerable cruelty, imprisonment, and legal confinement for mental illness) and a separate ground of living apart for at least eighteen months due to incompatibility.

  5. 5

    Property is divided by equitable distribution under Conn. Gen. Stat. § 46b-81: Connecticut is an 'all-property' state, not a community-property state, so the court may assign either spouse all or part of the other's estate on a fair basis rather than an automatic fifty-fifty split, and spouses need not live separate and apart before filing on irretrievable breakdown.

  6. 6

    Two Judicial Branch forms start the case in the right court: the Summons Family Actions (Form JD-FM-3) and the Divorce Complaint or Dissolution of Marriage Complaint Cross Complaint (Form JD-FM-159), filed under the Plaintiff and Defendant labels in the Superior Court, Family Division, for the appropriate Judicial District, the forum designated by Conn. Gen. Stat. § 46b-42.

  7. 7

    The filing fee is $360, paid to the Superior Court when the JD-FM-3 summons and JD-FM-159 complaint are submitted; low-income filers can ask the court for a fee waiver.

Key decisions before you file

Before you file a Divorce Petition in Connecticut, a few decisions shape the document: which option to choose and what each one means. The Divorce Petition guide walks through them.

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Filing a Divorce Petition in Connecticut

Connecticut's statutes call a divorce a dissolution of marriage. The spouse who files is the Plaintiff, and the spouse who responds is the Defendant. Every case begins in the Superior Court, Family Division, for the appropriate Judicial District, the forum designated by Conn. Gen. Stat. § 46b-42. You open the case with two Judicial Branch forms, the Summons Family Actions (Form JD-FM-3) and the Dissolution of Marriage Complaint Cross Complaint (Form JD-FM-159), along with the $360 filing fee.

Do You Meet Connecticut's Residency Test?

Before a judge can enter a decree, Conn. Gen. Stat. § 46b-44 must be met in one of three ways. First, one party has lived in Connecticut for at least the twelve months immediately before the complaint is filed or before the decree. Second, one party was domiciled here at the time of the marriage and returned intending to remain permanently before filing. Third, the cause for the dissolution arose after either party moved into the state. Because residency is jurisdictional, the court confirms it before granting a dissolution, so plan your filing date around the twelve-month mark.

Choosing Your Grounds

Connecticut recognizes both no-fault and fault grounds. The primary no-fault ground under Conn. Gen. Stat. § 46b-40(c) is that "the marriage has broken down irretrievably." The state also keeps traditional fault grounds, including adultery, fraudulent contract, willful desertion for one year, seven years' absence, habitual intemperance, intolerable cruelty, imprisonment, and legal confinement for mental illness. A separate ground covers living apart for at least eighteen months due to incompatibility. You do not have to live separate and apart before filing on irretrievable breakdown.

The 90-Day Waiting Period

Connecticut builds in a cooling-off period. Under Conn. Gen. Stat. § 46b-67(a), the court cannot proceed on the complaint until 90 days have passed from the return date. These 90 days run from the return date printed on your summons, not from the day you hand your papers to the clerk. The nonadversarial, expedited path can waive this in limited situations, but for most cases the 90 days is a firm floor before a decree issues.

How Property Is Divided

Connecticut divides property by equitable distribution under Conn. Gen. Stat. § 46b-81, not community property. It is an "all-property" state, so the Superior Court may assign to either spouse all or any part of the other's estate, no matter when or how title was acquired. Equitable means fair, not automatically equal, so the court weighs the statutory factors instead of splitting assets in half.

Completing Your Petition

A well-prepared petition names the correct Judicial District, states the residency basis under § 46b-44, alleges your ground under § 46b-40(c), and requests the relief you want. To build a Connecticut-compliant petition tailored to these rules, start with our guided document at (/legal-document/divorce-petition), then file it with the Superior Court together with your JD-FM-3 summons. Attach the summons and complaint, follow the automatic orders that apply in family cases, and keep a copy of everything you serve on the Defendant.

Connecticut Requirements for Divorce Petition

Residency (State)

Spouses must meet the residency requirement: Conn. Gen. Stat. § 46b-44: a decree may be entered if (1) one of the parties has been a resident of Connecticut for at least the twelve months next preceding....

Residency (County)

Must file in the correct county Superior Court Family Division.

Grounds for Divorce

Must properly plead grounds: No-fault + fault. The primary no-fault ground under Conn. Gen. Stat. § 46b-40(c) is that 'the marriage has broken down irretrievably.' Connecticut also retains fault grounds (adultery, fraudulent contract, willful....

Waiting Period

Mandatory waiting period: 90 days. Under Conn. Gen. Stat. § 46b-67(a), the court cannot proceed on the complaint until 90 days have elapsed....

Required Forms

Must file correct state forms: Summons Family Actions (Form JD-FM-3) and Divorce Complaint / Dissolution of Marriage Complaint Cross Complaint....

Property Division

Property is divided according to: Equitable distribution, Conn. Gen. Stat. § 46b-81 (Connecticut is an 'all-property' equitable-distribution state; it is... laws.

Filing Fee

Filing fee is typically $360 unless waived.

Service of Process

The Defendant must be properly served with the summons and petition.

Frequently Asked Questions

A divorce petition is the written complaint you file to open a divorce case and ask a judge to legally end your marriage. In Connecticut, the case is called a 'dissolution of marriage,' and the petition itself is the Dissolution of Marriage Complaint (Form JD-FM-159), served with the Summons Family Actions (Form JD-FM-3). The spouse who files is the Plaintiff, and the responding spouse is the Defendant.

In Connecticut there is no practical difference; they describe the same case. The state's statutes use the term 'dissolution of marriage' instead of 'divorce,' so what people call a divorce petition is legally the Dissolution of Marriage Complaint (Form JD-FM-159). Filing that complaint under Conn. Gen. Stat. § 46b-40 is how you begin a dissolution, and a granted decree ends the marriage.

Connecticut applies statutory residency tests rather than a single fixed period. Under Conn. Gen. Stat. § 46b-44, a decree may be entered if one party has been a resident for at least the twelve months next preceding the filing of the complaint or the decree, or was domiciled here at the time of the marriage and returned intending to remain permanently, or the cause for the dissolution arose after either party moved into the state.

Connecticut allows both no-fault and fault grounds. The primary no-fault ground under Conn. Gen. Stat. § 46b-40(c) is that 'the marriage has broken down irretrievably.' The state also retains fault grounds, including adultery, fraudulent contract, willful desertion for one year, seven years' absence, habitual intemperance, intolerable cruelty, imprisonment, and legal confinement for mental illness, plus a ground for living apart at least eighteen months due to incompatibility.

No. A standard dissolution does not require you to live separate and apart before filing when you proceed on the no-fault ground that the marriage has broken down irretrievably. Living apart for at least eighteen months is only one of several optional grounds under Conn. Gen. Stat. § 46b-40(c), not a precondition to filing.

There is a built-in waiting period of 90 days. Under Conn. Gen. Stat. § 46b-67(a), the court cannot proceed on the complaint until 90 days have elapsed from the return date. The nonadversarial or expedited path can waive this in limited circumstances, but contested or standard cases often take longer than the 90-day minimum.

The initial filing fee is $360, paid to the Superior Court when you submit the JD-FM-3 summons and JD-FM-159 complaint. If you cannot afford the fee, you can ask the court for a fee waiver by filing the appropriate application.

Yes. Connecticut does not require both spouses to agree. As long as you properly serve the Defendant and follow the required steps, the Superior Court can move forward and, if the Defendant does not participate, enter a default judgment ending the marriage.