Getting Divorced in Connecticut: A Legal Guide
Connecticut divorce proceedings follow specific state laws that determine everything from property division to child custody arrangements. The process typically begins with filing a "Complaint for Dissolution of Marriage" and requires at least one spouse to have been a resident of Connecticut for 12 months before the final decree.
Connecticut is an "equitable distribution" state, meaning marital property is divided fairly but not necessarily equally. Working with a qualified family law attorney or mediator can help protect your rights and navigate Connecticut's specific divorce requirements.
Key Considerations
Scenarios
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Relevant Documents
Child Support Worksheet
This document calculates the appropriate amount of child support based on both parents' incomes, the custody arrangement, and other factors.
Final Decree of Divorce
This is the final court order that legally ends your marriage and includes all the terms of your divorce including property division, support, and child custody arrangements.
Financial Disclosure Declaration
Both spouses must complete this document detailing all assets, debts, income, and expenses to ensure fair division of property and appropriate support amounts.
Marital Settlement Agreement
This document outlines the terms of your divorce agreement including property division, debt allocation, spousal support, and child custody arrangements if applicable.
Parenting Plan
If you have children, this document details the custody arrangement, visitation schedule, and decision-making responsibilities for the children.
Qualified Domestic Relations Order (QDRO)
This document is necessary if you need to divide retirement accounts or pension benefits between spouses as part of the divorce settlement.
Response to Petition for Dissolution
If you're the responding spouse, this document allows you to answer the claims in the petition and state your own requests regarding the divorce terms.
Summons
This document notifies your spouse that a divorce action has been filed and that they have a certain amount of time to respond.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Relevant Laws
Connecticut General Statutes § 46b-40 - Grounds for dissolution of marriage
This statute establishes that Connecticut is a 'no-fault' divorce state, meaning you can file for divorce based on 'irretrievable breakdown' of the marriage without proving fault. However, Connecticut also maintains traditional fault grounds including adultery, fraudulent contract, willful desertion, seven years' absence, habitual intemperance, intolerable cruelty, life imprisonment, or confinement for mental illness.
Connecticut General Statutes § 46b-81 - Property division in dissolution proceedings
This law governs how marital property is divided in Connecticut divorces. Connecticut follows 'equitable distribution' principles, meaning property is divided fairly but not necessarily equally. The court considers factors including length of marriage, causes for dissolution, age, health, occupation, sources of income, vocational skills, employability, liabilities, needs of each party, and contributions to the acquisition of property.
Connecticut General Statutes § 46b-82 - Alimony
This statute covers alimony (spousal support) in Connecticut. Courts may award alimony to either spouse based on factors including length of marriage, causes for dissolution, age, health, occupation, amount and sources of income, vocational skills, employability, estate, needs of each party, and the opportunity for future acquisition of capital assets and income.
Connecticut General Statutes § 46b-56 - Child custody determinations
This law establishes that child custody decisions in Connecticut are made based on the 'best interests of the child' standard. The court considers factors including the child's developmental needs, each parent's ability to meet the child's needs, the child's relationships with parents and siblings, stability, and each parent's willingness to facilitate a relationship with the other parent.
Connecticut General Statutes § 46b-84 - Child support
This statute governs child support in Connecticut divorces. Connecticut uses income-based guidelines to determine support amounts. Parents are obligated to support their children until age 18, or until age 19 if the child is still in high school. The court considers the parents' income, the number of children, childcare costs, health insurance, and other factors.
Connecticut General Statutes § 46b-45 - Residency requirement
This law establishes Connecticut's residency requirements for divorce. Either spouse must have been a resident of Connecticut for at least 12 months before the divorce decree is granted, or one spouse must have been domiciled in Connecticut at the time of the marriage and returned with the intention of permanently remaining, or the cause for divorce arose after either party moved to Connecticut.
Connecticut General Statutes § 46b-67 - Waiting period
Connecticut has a 90-day waiting period from the filing date before a divorce can be finalized. This 'cooling off' period is designed to give couples time to potentially reconcile, though it can be waived in certain circumstances.
Regional Variances
Connecticut Divorce Regional Variances
Fairfield County, being one of the wealthiest counties in Connecticut, often sees more complex property division cases. The courts here frequently deal with high-value assets, multiple properties, and complex investment portfolios. Divorce proceedings may take longer due to the complexity of financial discovery. Local attorneys often specialize in high-asset divorces.
As the location of the state capital, Hartford County's family courts tend to have more standardized procedures. The Hartford Family Court offers more robust self-help resources than some other counties. The court also has specialized dockets for high-conflict cases and a dedicated family relations office that provides mediation services.
New Haven County courts are known for strongly encouraging mediation before trial. The county has a particularly active roster of court-appointed mediators. Yale Law School's legal clinics sometimes provide free representation to qualifying low-income residents in divorce cases, a resource not available in most other counties.
Being more rural, Litchfield County's family court calendar is typically less congested than urban counties, potentially resulting in faster processing times. However, the court serves a large geographic area, which can mean longer travel times for parties. The court has fewer specialized resources than larger counties but often provides more personalized attention.
New London County courts have developed specific protocols for military divorces due to the proximity to the Naval Submarine Base. The courts here have experience handling the unique aspects of military pensions, deployment schedules, and other military-specific issues that affect divorce proceedings.
Suggested Compliance Checklist
Understand Connecticut Divorce Requirements
1 days after startingBefore filing for divorce in Connecticut, ensure you meet the residency requirements. Either you or your spouse must have been a resident of Connecticut for at least 12 months before the final divorce decree, or one of you must have been a resident when the marriage broke down and before filing. Connecticut allows both 'no-fault' divorces (irretrievable breakdown of marriage) and fault-based divorces.
Gather Important Documents
7 days after startingCollect all relevant financial and personal documents including: marriage certificate, tax returns (last 3 years), pay stubs, bank statements, retirement account statements, property deeds, vehicle titles, insurance policies, mortgage documents, credit card statements, loan documents, and documentation of separate property acquired before marriage or through inheritance/gifts.
Complete Petition for Dissolution of Marriage
14 days after startingThis is the formal document that initiates the divorce process in Connecticut. You'll need to include basic information about your marriage, grounds for divorce, and what you're requesting regarding property division, support, and child custody if applicable. The form is available from the Connecticut Judicial Branch website or at your local Superior Court clerk's office.
Complete Summons
14 days after startingThe Summons is a legal document that notifies your spouse that you've initiated divorce proceedings. It informs them that they must respond within a certain timeframe (usually 30 days in Connecticut) or risk a default judgment. The Summons must be properly served to your spouse according to Connecticut law.
File Initial Divorce Papers
21 days after startingFile the Petition for Dissolution of Marriage, Summons, and other required initial forms with the Superior Court in the judicial district where either you or your spouse lives. You'll need to pay a filing fee (approximately $360), though fee waivers are available for those who qualify based on financial need.
Serve Divorce Papers on Your Spouse
28 days after startingIn Connecticut, divorce papers must be served by a state marshal. You cannot personally serve the papers. The marshal will provide proof of service that must be filed with the court. Your spouse has 30 days to file a response after being served.
Complete Financial Disclosure Declaration
45 days after startingBoth spouses must complete and exchange comprehensive financial affidavits within 30 days of the return date on the Summons. This sworn statement details all assets, debts, income, and expenses. Connecticut courts take these disclosures very seriously, and failing to disclose assets can result in penalties and reopening of the divorce case later.
Respond to Petition (if you're the respondent)
30 days after startingIf you've been served divorce papers, you must file a Response to Petition for Dissolution within 30 days of being served. This document allows you to agree or disagree with statements in the petition and make your own requests regarding property, support, and custody.
Attend Case Management Conference
60 days after startingConnecticut courts typically schedule an initial case management conference to establish timelines, address temporary orders, and determine if mediation is appropriate. Both parties and their attorneys (if represented) must attend.
Complete Parenting Education Program
75 days after startingIf you have minor children, Connecticut law requires both parents to complete a court-approved parenting education program within 60 days after the return date on the Summons. The program costs approximately $125, though fee waivers may be available.
Develop a Parenting Plan
90 days after startingIf you have children, create a detailed parenting plan addressing legal and physical custody, visitation schedules, holiday arrangements, decision-making authority, and communication between parents. Connecticut courts strongly encourage parents to develop these plans cooperatively, but will impose a plan if parents cannot agree.
Complete Child Support Worksheet
90 days after startingConnecticut uses specific guidelines to calculate child support based on both parents' incomes, the number of children, and other factors. The Child Support Worksheet must be completed to determine the appropriate amount. The Connecticut Judicial Branch website offers an online calculator to help with these calculations.
Negotiate Marital Settlement Agreement
120 days after startingWork with your spouse (and attorneys if applicable) to develop a comprehensive settlement agreement covering property division, debt allocation, alimony, child support, and parenting arrangements. Connecticut is an 'equitable distribution' state, meaning property is divided fairly but not necessarily equally. Factors include length of marriage, causes of breakdown, age, health, occupation, sources of income, and contributions to the marriage.
Prepare QDRO if Dividing Retirement Accounts
135 days after startingIf you're dividing retirement accounts like 401(k)s or pensions, you'll need a Qualified Domestic Relations Order (QDRO). This specialized court order instructs retirement plan administrators how to divide these assets. Each retirement plan may require specific language, so consider consulting with a QDRO specialist or attorney familiar with these documents.
Attend Court-Ordered Mediation (if applicable)
150 days after startingIf you and your spouse cannot reach agreement on all issues, Connecticut courts typically order mediation before proceeding to trial. This is especially common for custody and parenting disputes. The mediator helps facilitate discussion but doesn't make decisions for you.
Prepare for and Attend Final Hearing
180 days after startingOnce all issues are resolved (either through agreement or court decisions), a final hearing will be scheduled. Both parties typically must attend. Bring copies of all agreements and financial documents. The judge will review everything to ensure it's fair and complies with Connecticut law.
Obtain Final Decree of Divorce
190 days after startingAfter the judge approves your divorce terms, they will sign the Final Decree of Divorce. This document officially ends your marriage and contains all the court's orders regarding property division, support, and custody. In Connecticut, there's typically a 90-day waiting period from the filing date before a divorce can be finalized, though this may be waived in certain circumstances.
Implement Wage Withholding Order (if applicable)
200 days after startingIf child support or alimony is ordered, Connecticut typically requires a wage withholding order to ensure payments are made. This document instructs the paying spouse's employer to withhold the support amount from their paycheck and send it directly to the receiving spouse or the state disbursement unit.
Update Estate Planning Documents
230 days after startingAfter divorce, review and update your will, powers of attorney, healthcare directives, and beneficiary designations on life insurance policies and retirement accounts. Connecticut law may automatically revoke certain provisions that benefit your ex-spouse, but it's best to explicitly update these documents.
Change Name (if desired)
230 days after startingIf you want to resume using your maiden name or previous name, you can request this as part of the divorce decree. If you didn't include it in the divorce, you can file a separate name change petition with the court. After obtaining court approval, update your name with Social Security, DMV, financial institutions, and other relevant entities.
Task | Description | Document | Days after starting |
---|---|---|---|
Understand Connecticut Divorce Requirements | Before filing for divorce in Connecticut, ensure you meet the residency requirements. Either you or your spouse must have been a resident of Connecticut for at least 12 months before the final divorce decree, or one of you must have been a resident when the marriage broke down and before filing. Connecticut allows both 'no-fault' divorces (irretrievable breakdown of marriage) and fault-based divorces. | - | 1 |
Gather Important Documents | Collect all relevant financial and personal documents including: marriage certificate, tax returns (last 3 years), pay stubs, bank statements, retirement account statements, property deeds, vehicle titles, insurance policies, mortgage documents, credit card statements, loan documents, and documentation of separate property acquired before marriage or through inheritance/gifts. | - | 7 |
Complete Petition for Dissolution of Marriage | This is the formal document that initiates the divorce process in Connecticut. You'll need to include basic information about your marriage, grounds for divorce, and what you're requesting regarding property division, support, and child custody if applicable. The form is available from the Connecticut Judicial Branch website or at your local Superior Court clerk's office. | Petition for Dissolution of Marriage | 14 |
Complete Summons | The Summons is a legal document that notifies your spouse that you've initiated divorce proceedings. It informs them that they must respond within a certain timeframe (usually 30 days in Connecticut) or risk a default judgment. The Summons must be properly served to your spouse according to Connecticut law. | Summons | 14 |
File Initial Divorce Papers | File the Petition for Dissolution of Marriage, Summons, and other required initial forms with the Superior Court in the judicial district where either you or your spouse lives. You'll need to pay a filing fee (approximately $360), though fee waivers are available for those who qualify based on financial need. | - | 21 |
Serve Divorce Papers on Your Spouse | In Connecticut, divorce papers must be served by a state marshal. You cannot personally serve the papers. The marshal will provide proof of service that must be filed with the court. Your spouse has 30 days to file a response after being served. | - | 28 |
Complete Financial Disclosure Declaration | Both spouses must complete and exchange comprehensive financial affidavits within 30 days of the return date on the Summons. This sworn statement details all assets, debts, income, and expenses. Connecticut courts take these disclosures very seriously, and failing to disclose assets can result in penalties and reopening of the divorce case later. | Financial Disclosure Declaration | 45 |
Respond to Petition (if you're the respondent) | If you've been served divorce papers, you must file a Response to Petition for Dissolution within 30 days of being served. This document allows you to agree or disagree with statements in the petition and make your own requests regarding property, support, and custody. | Response to Petition for Dissolution | 30 |
Attend Case Management Conference | Connecticut courts typically schedule an initial case management conference to establish timelines, address temporary orders, and determine if mediation is appropriate. Both parties and their attorneys (if represented) must attend. | - | 60 |
Complete Parenting Education Program | If you have minor children, Connecticut law requires both parents to complete a court-approved parenting education program within 60 days after the return date on the Summons. The program costs approximately $125, though fee waivers may be available. | - | 75 |
Develop a Parenting Plan | If you have children, create a detailed parenting plan addressing legal and physical custody, visitation schedules, holiday arrangements, decision-making authority, and communication between parents. Connecticut courts strongly encourage parents to develop these plans cooperatively, but will impose a plan if parents cannot agree. | Parenting Plan | 90 |
Complete Child Support Worksheet | Connecticut uses specific guidelines to calculate child support based on both parents' incomes, the number of children, and other factors. The Child Support Worksheet must be completed to determine the appropriate amount. The Connecticut Judicial Branch website offers an online calculator to help with these calculations. | Child Support Worksheet | 90 |
Negotiate Marital Settlement Agreement | Work with your spouse (and attorneys if applicable) to develop a comprehensive settlement agreement covering property division, debt allocation, alimony, child support, and parenting arrangements. Connecticut is an 'equitable distribution' state, meaning property is divided fairly but not necessarily equally. Factors include length of marriage, causes of breakdown, age, health, occupation, sources of income, and contributions to the marriage. | Marital Settlement Agreement | 120 |
Prepare QDRO if Dividing Retirement Accounts | If you're dividing retirement accounts like 401(k)s or pensions, you'll need a Qualified Domestic Relations Order (QDRO). This specialized court order instructs retirement plan administrators how to divide these assets. Each retirement plan may require specific language, so consider consulting with a QDRO specialist or attorney familiar with these documents. | Qualified Domestic Relations Order (QDRO) | 135 |
Attend Court-Ordered Mediation (if applicable) | If you and your spouse cannot reach agreement on all issues, Connecticut courts typically order mediation before proceeding to trial. This is especially common for custody and parenting disputes. The mediator helps facilitate discussion but doesn't make decisions for you. | - | 150 |
Prepare for and Attend Final Hearing | Once all issues are resolved (either through agreement or court decisions), a final hearing will be scheduled. Both parties typically must attend. Bring copies of all agreements and financial documents. The judge will review everything to ensure it's fair and complies with Connecticut law. | - | 180 |
Obtain Final Decree of Divorce | After the judge approves your divorce terms, they will sign the Final Decree of Divorce. This document officially ends your marriage and contains all the court's orders regarding property division, support, and custody. In Connecticut, there's typically a 90-day waiting period from the filing date before a divorce can be finalized, though this may be waived in certain circumstances. | Final Decree of Divorce | 190 |
Implement Wage Withholding Order (if applicable) | If child support or alimony is ordered, Connecticut typically requires a wage withholding order to ensure payments are made. This document instructs the paying spouse's employer to withhold the support amount from their paycheck and send it directly to the receiving spouse or the state disbursement unit. | Wage Withholding Order | 200 |
Update Estate Planning Documents | After divorce, review and update your will, powers of attorney, healthcare directives, and beneficiary designations on life insurance policies and retirement accounts. Connecticut law may automatically revoke certain provisions that benefit your ex-spouse, but it's best to explicitly update these documents. | - | 230 |
Change Name (if desired) | If you want to resume using your maiden name or previous name, you can request this as part of the divorce decree. If you didn't include it in the divorce, you can file a separate name change petition with the court. After obtaining court approval, update your name with Social Security, DMV, financial institutions, and other relevant entities. | - | 230 |
Frequently Asked Questions
To file for divorce in Connecticut, either you or your spouse must have been a resident of the state for at least 12 months before filing the divorce petition. Alternatively, one spouse must have been domiciled in Connecticut at the time of the marriage and returned to the state with the intention of permanently staying, or the cause for the dissolution of marriage (such as irretrievable breakdown) must have arisen after either party moved to Connecticut.
Yes, Connecticut is a 'no-fault' divorce state. You can file for divorce based on 'irretrievable breakdown of the marriage,' which means the marriage has permanently broken down with no reasonable prospect of reconciliation. Connecticut also recognizes fault-based grounds such as adultery, fraudulent contract, willful desertion, seven years' absence, habitual intemperance, intolerable cruelty, life imprisonment, or confinement for certain crimes.
Connecticut follows the 'equitable distribution' principle for property division, which means marital property is divided fairly but not necessarily equally. The court considers factors such as the length of the marriage, causes for dissolution, age, health, occupation, sources of income, vocational skills, employability, estate, liabilities, needs of each party, and contributions each made to the acquisition, preservation, or appreciation in value of their respective estates.
Child custody in Connecticut is determined based on the 'best interests of the child' standard. The court considers factors such as the child's temperament and developmental needs, each parent's ability to meet the child's needs, the child's relationship with each parent, the parents' ability to communicate and co-parent, and any history of family violence. Connecticut courts generally favor arrangements that allow both parents to have meaningful involvement in their children's lives.
Connecticut uses the Income Shares Model to calculate child support, which is based on the combined income of both parents and the number of children. The state has established guidelines that determine the basic support obligation. Additional costs such as health insurance, childcare, and educational expenses may be added to the basic obligation. The non-custodial parent typically pays their proportionate share of the total support amount to the custodial parent.
Yes, Connecticut courts may award alimony (called 'alimony' or 'spousal support') based on factors including the length of the marriage, causes for dissolution, age, health, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate, needs of each party, and the opportunity for future acquisition of capital assets and income. Alimony can be temporary, time-limited, or permanent depending on the circumstances.
The minimum waiting period for a divorce in Connecticut is 90 days after filing (known as the 'cooling off period'). However, most divorces take longer, typically 4-6 months for uncontested divorces where spouses agree on all issues. Contested divorces involving disputes over property, custody, or support can take a year or more to resolve, especially if they go to trial.
An uncontested divorce in Connecticut means both spouses agree on all issues including property division, child custody, child support, and alimony. This type of divorce is typically faster, less expensive, and less stressful. A contested divorce occurs when spouses cannot agree on one or more issues, requiring court intervention. Contested divorces generally take longer, cost more, and may involve discovery, depositions, and potentially a trial.
While you're not legally required to have a lawyer for a divorce in Connecticut, it's highly recommended, especially for contested divorces or those involving children or significant assets. A lawyer can help ensure your rights are protected, paperwork is filed correctly, and you receive a fair settlement. If you cannot afford a lawyer, Connecticut has legal aid organizations that may provide assistance to those who qualify financially.
To file for divorce in Connecticut, you'll need several forms including: Summons Family Actions (JD-FM-3), Divorce Complaint/Cross Complaint (JD-FM-159), Notice of Automatic Court Orders (JD-FM-158), and Financial Affidavit (JD-FM-6). If you have children, you'll also need an Affidavit Concerning Children (JD-FM-164) and possibly a UCCJEA form. These forms can be obtained from the Connecticut Judicial Branch website or at your local Superior Court clerk's office.