How do I file for divorce in Connecticut?

Deciding to end a marriage is one of life's most challenging and personal choices. If you've reached this point, you're likely feeling overwhelmed and unsure about what comes next. The good news is that the process to file for divorce in Connecticut is a clear, step-by-step procedure. While the emotional journey is unique to you, the legal path has a map.

The basic process involves confirming you meet Connecticut's residency rules, preparing a set of specific legal documents, filing them with the correct Superior Court, and formally notifying your spouse. From there, your path will depend on whether you and your spouse agree on the major issues (an uncontested divorce) or have disagreements that need to be resolved by the court (a contested divorce).

This guide will walk you through each step of initiating a divorce in Connecticut, explaining the key requirements and what you can expect along the way. We'll break down the legal jargon into plain English to help you feel more in control during this difficult time.

Understanding the Basics: Legal Foundation for Divorce in CT

Before diving into the paperwork, it’s helpful to understand a few core concepts that govern how to get divorced in Connecticut. The legal term for divorce in the state is "dissolution of marriage," but we'll use the more common term "divorce" here.

Connecticut is a "No-Fault" Divorce State

The most important thing to know is that Connecticut is primarily a "no-fault" state. This means you do not have to prove that your spouse did something wrong to cause the end of the marriage. The vast majority of people who file for divorce in Connecticut do so on the grounds that the marriage has "broken down irretrievably" (C.G.S. § 46b-40(c)(1)). This simply means there is no reasonable hope of reconciliation.

While the law does list fault-based grounds like adultery or willful desertion, they are rarely used to start a case. The court will, however, consider the causes of the breakdown when making decisions about alimony and property division (C.G.S. § 46b-81 and C.G.S. § 46b-82).

The Residency Requirement

You can't file for divorce in Connecticut just because you want to. The state must have jurisdiction, or legal authority, over your marriage. To get divorced in Connecticut, you must meet the state's residency requirement.

According to Connecticut law (C.G.S. § 46b-44(c)), a divorce decree can be granted if:

One of the parties has been a resident of Connecticut for at least the 12 months before filing the complaint or before the final divorce decree is issued; OR
One of the parties was living in Connecticut at the time of the marriage and returned with the intention of staying permanently before filing the complaint; OR
The reason the marriage broke down happened after either you or your spouse moved to Connecticut.

The 12-month rule is the most common way people meet this requirement. As long as one of you has lived here for a year, you can file for divorce in Connecticut.

Step-by-Step Process to File for Divorce in Connecticut

Once you've confirmed you meet the residency requirement, you can begin the formal process of initiating a divorce. Here is a step-by-step guide.

Step 1: Prepare the Initial Paperwork

Starting a divorce requires filling out several specific legal forms. These documents tell the court who you are, who your spouse is, and what you are asking for. The primary forms include:

Summons (Form JD-FM-3): This is an official notice to your spouse that you have started a divorce action. It tells them they need to respond by a specific date, known as the "Return Date."
Divorce Complaint (Form JD-FM-159): This is the core document that starts the divorce. It provides the court with basic information, such as the date and place of your marriage, the names and birthdates of any minor children, and the legal grounds for the divorce (usually "irretrievable breakdown"). According to the Connecticut Practice Book § 25-2, this document must state these jurisdictional facts.
Notice of Automatic Court Orders (Form JD-FM-158): This is a critical document. In Connecticut, as soon as a divorce is filed and served, a set of automatic orders goes into effect for both spouses. We'll discuss these in more detail below.
Affidavit Concerning Children (Form JD-FM-164): If you and your spouse have minor children together, you must file this form. It provides the court with information required under state and federal law to make decisions about custody (Practice Book § 25-57).

Step 2: File the Documents with the Court

After you have completed the initial paperwork, you will take it to the Superior Court clerk's office in the judicial district where you or your spouse lives (C.G.S. § 46b-45(a)). You will need to pay the required court filing fee at this time. The clerk will sign your Summons, assign a docket number to your case, and give you back the documents.

Step 3: Serve Your Spouse (Service of Process)

You cannot just hand the papers to your spouse yourself. The law requires formal "service of process" to ensure your spouse has officially received notice of the divorce.

Using a State Marshal: The standard method is to hire a Connecticut State Marshal to deliver the documents to your spouse. The marshal will complete a "Return of Service" document and file it with the court to prove that service was completed.
Waiver of Service: If your divorce is amicable and your spouse agrees to cooperate, they can sign a Waiver of Service form (C.G.S. § 46b-45(b)). This allows them to accept the divorce papers without needing a marshal, which can save time and money. The responding spouse must also file an "Appearance" form with the court to show they are participating in the case.

Step 4: The Waiting Period

Connecticut has a mandatory waiting period before a divorce can be finalized. For most cases, a judge cannot grant the divorce until at least 90 days have passed from the "Return Date" listed on the Summons (C.G.S. § 46b-67). This period is intended to give both parties time to process the situation, exchange financial information, and potentially reach an agreement.

Step 5: Exchange Financial Information

Both spouses are required to provide a complete and honest picture of their financial situation. This is done using a financial statement (also called a Financial Affidavit).

Under Practice Book § 25-5(c), each party must exchange a sworn financial statement within 30 days of the return date. This document details your income, expenses, assets (like bank accounts, real estate, retirement funds) and liabilities (like mortgages, car loans, credit card debt). This is one of the most important documents in your divorce, as the court will use it to make decisions about property division and alimony.

Important Considerations When Filing for Divorce

The Automatic Orders

As mentioned in Step 1, a set of automatic court orders goes into effect the moment you file for divorce in Connecticut. These orders are designed to keep the situation stable while the divorce is pending. According to Practice Book § 25-5, these orders prohibit both you and your spouse from:

Selling, hiding, or borrowing against property without the other's consent, except for usual expenses or legal fees.
Removing your children from the state of Connecticut.
Taking your spouse or children off existing health insurance policies.
Changing beneficiaries on life insurance policies.
Incurring unreasonable new debts.

The complaint you file must include a warning that states: "Failure to obey these orders may be punishable by contempt of court." It is crucial that you understand and follow these rules from day one.

The "Nonadversarial" Divorce Option

For couples with very simple situations, Connecticut offers a streamlined process called a nonadversarial divorce. This is an even faster and simpler path than a standard uncontested divorce, but you must meet very strict criteria.

Under C.G.S. § 46b-44a, you may be eligible if you and your spouse attest that:

The marriage is nine years or less in duration.
Neither party is pregnant.
You have no children together.
You do not own any real estate.
The total value of all your property is less than $80,000.
Neither party has a defined benefit pension plan.
There are no active restraining or protective orders between you.

If you meet all these conditions, you can file a joint petition and may be able to get divorced in as little as 30 days without ever having to appear in court.

The Mandatory Parenting Education Program

If you have minor children, Connecticut law requires both parents to attend a parenting education program (C.G.S. § 46b-69b). This program is designed to help parents understand the impact of divorce on children and learn strategies for effective co-parenting. You must complete this six-hour course within 60 days of the return date.

Frequently Asked Questions About Filing for Divorce in CT

How long does it take to file for divorce in Connecticut?

The act of filing the initial paperwork can be done in a single day. However, the entire divorce process takes much longer. Connecticut has a mandatory 90-day waiting period after the return date before a judge can finalize a contested divorce (C.G.S. § 46b-67). An uncontested case where both parties agree on all terms can often be finalized shortly after the 90-day period. A complex, contested case could take a year or more to resolve.

How much does it cost to file for divorce in Connecticut?

The costs can vary significantly. There are fixed costs, such as the court filing fee and the state marshal's fee for serving the papers. Beyond that, the total cost depends on the complexity of your case and whether you hire an attorney. An amicable, uncontested divorce will be far less expensive than a contested case that requires extensive negotiation, discovery, and litigation.

Do I need a lawyer to file for divorce in Connecticut?

You are not legally required to have a lawyer. You can represent yourself (this is called "pro se"). However, divorce law is complex, and the decisions you make will have long-lasting financial and personal consequences. It is highly recommended to at least consult with an experienced Connecticut divorce attorney to understand your rights and obligations, especially if you have children, own property, or have retirement assets.

What are the "automatic orders" I keep hearing about?

The automatic orders are a set of rules that immediately apply to both you and your spouse once a divorce is filed and served. As outlined in Practice Book § 25-5, they are designed to prevent either person from making major changes to finances or the children's lives while the case is ongoing. They automatically restrict actions like selling assets, changing insurance, or moving the children out of state.

Can I get divorced in CT if my spouse lives in another state?

Yes. As long as you meet Connecticut's 12-month residency requirement as described in C.G.S. § 46b-44, you can file for divorce in Connecticut, even if your spouse has never lived here. The court has jurisdiction over the marriage because you are a Connecticut resident.

What is a "no-fault" divorce?

A "no-fault" divorce means you don't have to prove that your spouse was at fault for the end of the marriage. The only thing the court needs to find is that the marriage has "broken down irretrievably" with no chance of getting back together (C.G.S. § 46b-40(c)(1)). This is the ground used in almost all Connecticut divorces.

What if my spouse and I agree on everything?

If you and your spouse agree on all issues—property division, alimony, and a parenting plan (if you have children)—you can proceed with an uncontested divorce. You will still need to file the initial paperwork and your financial statements, but you can submit a written settlement agreement to the court. If the judge finds the agreement is fair and equitable, it can be approved and become the final judgment, often making the process much faster and less stressful.

Getting Help

Navigating the Connecticut divorce process can be daunting, but you don't have to do it alone. This article provides general information, but it is not a substitute for legal advice tailored to your specific situation. The decisions made during your divorce will affect your future for years to come.

An experienced Connecticut family law attorney can help you understand your rights, protect your interests, and guide you toward the most efficient and effective resolution possible. If you are considering whether to file for divorce in Connecticut, we encourage you to schedule a consultation to discuss your options.

Conclusion

To file for divorce in Connecticut, you must meet the residency requirements, prepare and file the correct legal forms with the Superior Court, and ensure your spouse is properly served. From there, the path your divorce takes will depend on your ability to cooperate and reach agreements on key issues. Understanding the process, from the initial paperwork and automatic orders to the mandatory waiting period and financial disclosures, can empower you to move forward with confidence. Remember to be patient with yourself and seek out the professional support you need to navigate this transition successfully.