Can I get a divorce if my spouse lives in another state?

Yes, you absolutely can get a divorce in Connecticut even if your spouse lives in another state. Navigating a divorce is already a challenging journey, and having a spouse in a different part of the country can add another layer of confusion and stress. The good news is that Connecticut law has clear procedures for this exact situation.

The most important factor is not where your spouse lives, but where you live. If you meet Connecticut's residency requirements, you can file for divorce here. The process involves a few extra steps, particularly in how you officially notify your spouse about the lawsuit, but it is entirely possible to dissolve your marriage.

This guide will walk you through the essential concepts of jurisdiction, Connecticut's specific legal requirements, and the step-by-step process for handling a divorce when your spouse is in another state.

Understanding Jurisdiction: The Court's Authority

Before diving into the process, it's helpful to understand a key legal concept: jurisdiction. In simple terms, jurisdiction is the court's legal power to make decisions and issue orders in a case. In an interstate divorce, there are two types of jurisdiction to consider.

Jurisdiction over the Marriage (In Rem): This is the court's power to grant the divorce itself—that is, to legally end the marriage. Connecticut can do this as long as one of the spouses meets the state's residency rules. The court has authority over the "thing" (the marriage) because one of the participants resides here.
Jurisdiction over the Person (In Personam): This is the court's power to make decisions that personally affect the other spouse, such as ordering them to pay alimony or child support, or dividing property that is located out of state. To do this, the court must have personal jurisdiction over your out-of-state spouse. This is a higher standard to meet and depends on whether your spouse has sufficient connections, or "minimum contacts," with Connecticut.

This distinction is critical. It means you might be able to get your divorce finalized in Connecticut, but the court may not be able to issue financial orders if it doesn't have personal jurisdiction over your spouse.

Connecticut's Residency Requirements: Your First Hurdle

To file for divorce in Connecticut, you must first satisfy the state's residency rules. This is non-negotiable. According to Connecticut General Statutes (C.G.S.) § 46b-44, you can file a divorce complaint at any time after you or your spouse establishes residency here.

However, for the court to grant the final divorce decree, one of the following three conditions must be met, as outlined in C.G.S. § 46b-44(c):

12-Month Residency: One of the parties has been a resident of Connecticut for at least the 12 months immediately before filing the divorce complaint OR before the date the final decree is issued. This is the most common way to meet the requirement.
Domiciled at Time of Marriage: One of the parties was living in Connecticut at the time of the marriage, moved away, and then returned to Connecticut with the intention of living here permanently before filing for divorce.
Cause of Divorce Arose in Connecticut: The reason for the divorce (e.g., the "irretrievable breakdown") occurred after either you or your spouse moved to Connecticut.

For many people handling a divorce with a spouse in another state, the 12-month rule is the clearest path forward. If you have lived in Connecticut for the last year, you have the right to file for divorce here.

Step-by-Step Process for an Interstate Divorce in Connecticut

Once you've confirmed you meet the residency requirement, the process for a divorce with a spouse in another state follows a specific path.

Step 1: Prepare and File Your Divorce Paperwork

You will start the divorce process by filing a complaint with the Superior Court. The initial paperwork typically includes:

Summons (JD-FM-3): This document officially summons your spouse to court.
Divorce Complaint (JD-FM-159): This is the legal document that states you are seeking a divorce and what you are asking the court to order.
Notice of Automatic Orders (JD-FM-158): These are court orders that go into effect automatically for both parties when a divorce is filed. According to Practice Book § 25-5, these orders prevent either spouse from selling assets, removing children from the state, or changing insurance beneficiaries while the case is pending.

Step 2: Officially Notify Your Out-of-State Spouse (Service of Process)

This is the most important difference in a divorce when your spouse is in another state. You cannot simply mail the papers yourself. You must follow a formal legal process called "service of process" to ensure your spouse receives official notice of the lawsuit.

Connecticut law, specifically C.G.S. § 46b-46(a), gives the court flexibility in how to handle this. It states that if a spouse "resides out of or is absent from the state," a judge or clerk "may make such order of notice as such judge or clerk deems reasonable."

Common methods for serving an out-of-state spouse include:

Personal Service by an Out-of-State Marshal or Sheriff: This is the most reliable method. Your Connecticut state marshal will forward the divorce papers to a qualified officer in your spouse's state, who will then personally deliver the documents to them. This provides clear proof of service.
Service by Registered or Certified Mail: The court may allow you to serve your spouse via registered or certified mail with a return receipt requested. This can be a simpler option, but it only works if your spouse is willing to sign for the delivery.
Waiver of Service: If your divorce is amicable, your spouse can voluntarily agree to waive formal service by signing a specific court form. This is common in uncontested divorces and saves significant time and money.
Service by Publication: If you have no idea where your spouse is and cannot find them, the court may, as a last resort, allow you to serve them by publishing a notice in a newspaper. This is a complex and expensive process governed by Practice Book § 25-28 and requires you to prove to the court that you have made every reasonable effort to locate your spouse.

Step 3: Your Spouse Responds (or Doesn't)

After being served, your spouse has a few options:

File an Appearance: They can file an Appearance form with the Connecticut court, which means they agree to participate in the case.
File an Answer and Cross-Complaint: They can respond to your complaint and file their own claims.
Challenge Jurisdiction: They can argue that the Connecticut court does not have personal jurisdiction over them to decide financial or property matters.
Do Nothing: If they fail to respond, you can ask the court for a "default" judgment after a certain time has passed (C.G.S. § 46b-67(b)). The court can grant the divorce, but enforcing financial orders may be challenging.

Step 4: Proceed with the Connecticut Divorce Process

Once service is complete and your spouse has responded (or the time to do so has passed), your case will proceed like most other Connecticut divorces. This includes:

The mandatory 90-day waiting period before a final judgment can be entered (C.G.S. § 46b-67).
Exchanging sworn financial statements (Practice Book § 25-30).
Attending a mandatory parenting education program if you have minor children (C.G.S. § 46b-69b).
Participating in court events like a Resolution Plan Date to determine the path your case will take (Practice Book § 25-50A).

Important Considerations for a Divorce with a Spouse in Another State

Filing for a divorce in Connecticut when your spouse lives elsewhere brings up unique challenges, especially concerning finances and children.

Personal Jurisdiction and Financial Orders

As mentioned earlier, Connecticut's power to issue financial orders depends on having personal jurisdiction over your spouse. If your spouse has never lived in Connecticut, owned property here, or had any other significant connection to the state, the court may not be able to order them to pay alimony or divide their out-of-state pension.

Under C.G.S. § 46b-46(b), the court can only exercise this power if "the nonresident party has received actual notice" and the filing party meets the residency requirement. However, constitutional "due process" standards also apply.

This can lead to a "divisible divorce," where the Connecticut court can legally end your marriage but cannot make financial orders. In that scenario, you might have to open a separate case in your spouse's home state to deal with alimony, property division, or child support.

Child Custody and the UCCJEA

Child custody jurisdiction is governed by a separate, uniform law called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The primary factor under the UCCJEA is the child's "home state," which is generally defined as the state where the child has lived for the six months immediately before a custody case begins.

This means if you live in Connecticut but your children have been living with your spouse in another state for the last six months or more, that other state is likely the proper one to make custody and visitation decisions. You could end up with the divorce process in Connecticut and the custody case in another state, which can be complicated and costly.

Frequently Asked Questions (FAQ)

What if I don't know where my spouse lives?

If you cannot locate your spouse, you must demonstrate to the court that you have made a diligent effort to find them. This can include searching online, contacting friends and family, and checking public records. If you are still unsuccessful, you can file a motion asking the court for permission to use "service by publication" under C.G.S. § 46b-46(a) and Practice Book § 25-28, which involves publishing a notice in a newspaper. This is a complex process and should be handled with the help of an attorney.

Can my spouse force me to go to their state for the divorce?

It's possible. If your spouse files for divorce in their home state before you file in Connecticut, and that state has jurisdiction over you (for example, if you recently lived there), you may have to participate in the case there. This is often called a "race to the courthouse," and while being the first to file isn't a guarantee, it can be a significant advantage.

How long does a divorce take if my spouse is in another state?

It will almost certainly take longer than a divorce where both parties live in Connecticut. Serving papers out of state takes more time, and coordinating hearings, exchanging documents, and negotiating across state lines adds delays. While Connecticut's 90-day waiting period still applies, you should expect the overall timeline for a divorce spouse another state Connecticut case to be extended.

What happens if my spouse ignores the divorce papers?

If your spouse was properly served and fails to respond, you can file a motion for default. The court can then proceed with the divorce without their participation, as allowed by Practice Book § 25-51. You can be granted the divorce and potentially receive the relief you requested in your complaint. However, enforcing financial orders against a non-responsive, out-of-state spouse can be very difficult without personal jurisdiction.

Is it more expensive to get a divorce when your spouse lives in another state?

It often is. The costs for out-of-state service of process are higher. If hearings are required, you or your attorney may face travel expenses. In the most complex cases, where jurisdiction is split between states for divorce and custody, you might even need to hire lawyers in both locations, significantly increasing the cost.

My spouse is in the military and stationed elsewhere. Does that change things?

Yes. Active-duty servicemembers have special protections under the Servicemembers Civil Relief Act (SCRA), which can allow them to postpone the divorce proceedings while they are deployed or otherwise unable to respond. Additionally, Connecticut has a specific rule for military residency: if you were a Connecticut resident when you joined the military, you are considered to have "continuously resided in this state" during your service (C.G.S. § 46b-44(d)).

Can we still have an uncontested divorce if we live in different states?

Absolutely! If you and your spouse agree on all the terms of your divorce (property division, alimony, parenting plan, etc.), living in different states is not a major obstacle. Your spouse can sign a waiver of service, and you can both sign a comprehensive settlement agreement. This can be submitted to the court, allowing for a much faster, cheaper, and less stressful resolution.

Getting Help with Your Interstate Divorce

Handling a divorce spouse another state Connecticut case involves navigating complex legal rules about residency, service, and jurisdiction. A mistake in any of these areas can cause significant delays, increase your costs, or even result in the court being unable to grant the orders you need to protect your financial future.

Consulting with an experienced Connecticut family law attorney is the most important step you can take. An attorney can help you:

Determine if Connecticut has jurisdiction over your divorce, finances, and children.
Ensure your out-of-state spouse is served correctly according to the law.
Protect your rights regarding property division, alimony, and child support.
Coordinate with out-of-state courts or lawyers if necessary.

Conclusion

While the thought of divorcing someone in another state can feel overwhelming, Connecticut's legal system provides a clear path forward. By meeting the state's residency requirements and properly serving your spouse, you can successfully obtain a divorce. The key is to understand the nuances of jurisdiction, especially as they relate to financial orders and child custody.

This process is more complex than an in-state divorce, and seeking professional legal guidance is crucial to protecting your rights and ensuring a smooth and legally sound outcome. With the right support, you can confidently move forward to the next chapter of your life.