How long do I have to live in Connecticut to file for divorce?

If you're considering divorce, one of the first practical questions you might have is about timing and location. The short answer is: you can file for divorce in Connecticut almost immediately after one spouse moves here, but you generally must live in the state for 12 months before a judge can finalize your divorce.

Navigating the start of a divorce process can feel overwhelming, but understanding the state's residency rules is a clear, manageable first step. These rules exist to make sure the Connecticut courts have the proper authority—or jurisdiction—to handle your case. While the 12-month rule is the most common path, Connecticut law provides a few other options that might allow you to finalize your divorce sooner.

This article will walk you through the specifics of the Connecticut divorce residency requirement, explain the exceptions, and provide a clear roadmap so you know exactly what to expect as you begin this journey.

Understanding the Legal Foundation of Residency in Connecticut

Before a court can grant a divorce, it must have jurisdiction. Think of it as the court's legal power to make decisions that affect your life, property, and family. A key part of establishing this power is residency. You can't simply file for divorce in any state you choose; you must have a genuine connection to it.

In Connecticut, the main law governing this is Connecticut General Statute (C.G.S.) § 46b-44. This statute makes a critical distinction between filing the initial divorce papers and having the court enter the final decree that officially ends your marriage.

Filing the Complaint: You can start the divorce process by filing a complaint "at any time after either party has established residence in this state" (C.G.S. § 46b-44(a)). This means as soon as you or your spouse moves to Connecticut with the intent to stay, you can get the ball rolling.
Getting the Final Decree: This is where the time requirement comes in. The court cannot issue the final judgment dissolving your marriage until one of the specific time-based conditions in the law is met.

This two-part structure is actually helpful. It allows you to get your case into the court system and even ask for temporary orders for things like child custody or financial support while you wait for the residency period to pass.

Connecticut Law Requirements for Finalizing a Divorce

According to C.G.S. § 46b-44(c), for a judge to grant your divorce, you must meet one of the following three conditions. You do not need to meet all of them.

1. The 12-Month Residency Rule

This is the most common and straightforward way to meet the Connecticut divorce residency requirement. The law states a decree can be entered if:

"One of the parties to the marriage has been a resident of this state for at least the twelve months next preceding the date of the filing of the complaint or next preceding the date of the decree" (C.G.S. § 46b-44(c)(1)).

Let's break that down:

Only one spouse needs to meet it: You can satisfy this rule even if your spouse has never lived in Connecticut.
Timing is flexible: The 12-month period can be counted either leading up to the day you file your initial divorce complaint or leading up to the day the judge signs your final divorce decree. This flexibility is incredibly useful. If you file for divorce after living here for only six months, your case can proceed. By the time you complete the mandatory waiting periods and court processes, you will likely have met the 12-month requirement needed for the final hearing.

2. The "Domiciled at Time of Marriage" Rule

This exception applies to people who have a prior connection to Connecticut. A divorce can be finalized if:

"One of the parties was domiciled in this state at the time of the marriage and returned to this state with the intention of permanently remaining before the filing of the complaint" (C.G.S. § 46b-44(c)(2)).

To use this option, you must prove two things:

You considered Connecticut your permanent home (domicile) when you got married.
You moved back to Connecticut with the intent to live here permanently before you filed for divorce.

For example, if you grew up in Connecticut, got married here, then moved to another state with your spouse, you could move back to Connecticut and file for divorce immediately without waiting 12 months.

3. The "Cause for Divorce Arose in Connecticut" Rule

The third option allows you to finalize a divorce if the reason for the marriage breakdown happened here. The law allows it if:

"The cause for the dissolution of the marriage arose after either party moved into this state" (C.G.S. § 46b-44(c)(3)).

"Cause" refers to the legal grounds for divorce. While most people in Connecticut file for a "no-fault" divorce based on the marriage having "broken down irretrievably" (C.G.S. § 46b-40(c)(1)), the law also lists specific fault-based grounds like adultery, willful desertion, or intolerable cruelty. If one of these events occurred after you or your spouse moved to Connecticut, you could potentially use this rule to bypass the 12-month wait.

A Special Note for Military Members

Connecticut law provides a specific protection for service members. C.G.S. § 46b-44(d) states that anyone serving in the armed forces who was a resident of Connecticut at the time of their entry into service is "deemed to have continuously resided in this state" during their time of service. This means if you are a Connecticut resident on active duty elsewhere, you still meet the residency requirements to file for divorce here.

Step-by-Step: How Residency Fits into the Divorce Process

Understanding the residency rules is easier when you see how they fit into the overall timeline of a Connecticut divorce.

Step 1: Establish Residency in Connecticut One spouse must physically move to Connecticut and intend to make it their home. This is more than just visiting; it involves actions like signing a lease, getting a Connecticut driver's license, registering to vote, or opening local bank accounts.

Step 2: File the Initial Divorce Papers Once residency is established, you can file a Complaint for Dissolution of Marriage with the Superior Court in the judicial district where you or your spouse lives. This officially starts your case.

Step 3: The Waiting Period Begins Connecticut has a mandatory waiting period. For most cases, a judge cannot finalize a divorce until at least 90 days have passed from the "return date" listed on your initial court papers (C.G.S. § 46b-67). This period often runs at the same time as the 12-month residency period.

Step 4: Request Temporary Orders if Needed This is a crucial point. Even if you haven't lived here for 12 months, you don't have to wait to address urgent issues. The law explicitly allows the court to grant temporary orders for things like child custody, child support, and alimony "at any time after either party has established residence in this state" (C.G.S. § 46b-44(b)). These orders provide stability for your family while the divorce is pending.

Step 5: Satisfy the 12-Month Requirement As your case moves through the court system—exchanging financial information, attending case management conferences, and negotiating—the clock on the 12-month residency requirement keeps ticking. For most people, the requirement is met by the time they are ready for a final hearing.

Step 6: Finalize Your Divorce Once the 90-day waiting period is over and you have met one of the three residency conditions under C.G.S. § 46b-44(c), the court can hold a final hearing and enter a decree dissolving your marriage.

Frequently Asked Questions about Connecticut's Residency Rules

Can I file for divorce in Connecticut if I just moved here?

Yes. You can file the initial complaint for divorce as soon as one spouse establishes residency in Connecticut (C.G.S. § 46b-44(a)). However, the court cannot grant the final divorce decree until you meet one of the durational requirements, most commonly living here for 12 months.

What if neither of us has lived in Connecticut for a full year?

You can still file, but you will have to wait until one of you reaches the 12-month mark before the divorce can be finalized. Alternatively, you may qualify under one of the other two exceptions: if one of you was domiciled here at the time of marriage and moved back, or if the legal cause for the divorce (like adultery) happened after one of you moved to Connecticut (C.G.S. § 46b-44(c)).

My spouse lives in another state. Can I still file for divorce in Connecticut?

Absolutely. As long as you meet the Connecticut divorce residency requirement, you can file here. The court will have jurisdiction to dissolve your marriage. To make orders about finances like alimony or property division, the court must also have personal jurisdiction over your spouse, which is typically established by having them properly served with the divorce papers (C.G.S. § 46b-46).

Is the Connecticut divorce residency requirement different for a legal separation?

No, the same rules apply. The statute, C.G.S. § 46b-44, covers complaints for both "dissolution of a marriage or for legal separation."

I am in the military and stationed out of state, but I'm originally from Connecticut. Can I file for divorce here?

Yes. If you were a Connecticut resident when you entered the military, you are considered to have continuously resided here for divorce purposes, regardless of where you are stationed (C.G.S. § 46b-44(d)).

Can I get temporary child support or custody orders before the 12-month residency period is over?

Yes. This is a critical protection for families. C.G.S. § 46b-44(b) and C.G.S. § 46b-83 specifically allow the court to grant temporary relief, including orders for custody, visitation, child support, and alimony, as soon as a case is filed. You do not have to wait a year to get the stability your family needs.

What kind of proof do I need to show I am a resident?

While there is no single required document, you can prove residency with things that show your intent to live in Connecticut permanently. This can include a signed lease or mortgage, utility bills in your name at a Connecticut address, a Connecticut driver's license, car registration, voter registration, or bank statements showing local transactions.

What happens if I file for divorce but can't meet any of the residency requirements?

If you cannot meet any of the conditions under C.G.S. § 46b-44(c) by the time you are ready for a final judgment, the court will not have the authority to grant your divorce. The judge would likely dismiss your case for lack of subject-matter jurisdiction. It is essential to ensure you can meet the requirement before proceeding to a final hearing.

Getting Help

Understanding the legal requirements for divorce is the first step, but you don't have to take the next ones alone. The nuances of jurisdiction, especially when spouses live in different states or military service is involved, can be complex.

Consulting with an experienced Connecticut family law attorney can provide clarity and confidence. An attorney can confirm that you meet the Connecticut divorce residency requirement, help you file the correct paperwork, and guide you through the process of obtaining any necessary temporary orders. For more information on forms and court procedures, you can also visit the Connecticut Judicial Branch website.

Conclusion

The path to divorce begins with meeting the state's legal requirements, and in Connecticut, that starts with residency. Remember these key takeaways:

You can file for divorce as soon as one spouse becomes a resident.
You can get temporary orders for support and custody right away.
To finalize the divorce, you must typically live in Connecticut for 12 months, though important exceptions exist.

This initial phase of divorce is filled with questions and uncertainty. By understanding the Connecticut divorce residency requirement, you have already taken a significant and empowered step toward navigating your future.