What documents do I need for my divorce in Connecticut?
Going through a divorce is overwhelming, and the mountain of paperwork can feel like the last thing you want to deal with. We understand. Taking it one step at a time can make the process much more manageable. The simple answer is that you will need a variety of financial records to support your case, with the most critical being your Financial Affidavit.
This guide will walk you through exactly what documents are needed for a Connecticut divorce, why they are important, and how to start gathering them. Think of this as your roadmap to getting organized, which can help reduce stress and potentially save you time and money in the long run. The goal is to provide a complete and honest financial picture to the court so that you and your spouse can achieve a fair separation and move forward.
Understanding Why Documents are Crucial in a CT Divorce
In Connecticut, the entire divorce process is built on the idea of full financial disclosure. The court’s job is to help you and your spouse reach a resolution that is "fair and equitable under all the circumstances" (C.G.S. § 46b-66). To do this, a judge needs to understand the complete financial landscape of your marriage. This includes everything you own, everything you owe, and all sources of income.
The documents you gather serve as the evidence to support the numbers you provide to the court. They prove your income, verify your assets, and confirm your debts. Without proper documentation, it’s nearly impossible for the court to make informed decisions about key issues like:
- Property Division: How marital property and debt will be divided (C.G.S. § 46b-81).
- Alimony: Whether one spouse should pay support to the other, for how long, and how much (C.G.S. § 46b-82).
- Child Support: Calculating the correct amount of support for your children based on state guidelines.
Being thorough with the documents needed for your Connecticut divorce ensures transparency, helps build a fair settlement agreement, and protects you from future complications.
The Cornerstone: Connecticut's Financial Affidavit
If there is one document that is the absolute center of your divorce paperwork, it is the Financial Affidavit (Form JD-FM-6). According to the Connecticut Practice Book § 25-30, both parties in a divorce are required to file a sworn financial statement with the court. This form provides the court with a detailed snapshot of your entire financial situation.
You will use all the other documents you collect to fill out this form accurately. The Financial Affidavit is signed under oath, meaning you are legally attesting to its truthfulness. It is broken down into several key sections:
- Income: Wages, bonuses, self-employment income, rental income, etc.
- Expenses: Housing, utilities, food, transportation, childcare, and all other weekly costs.
- Assets: Real estate, bank accounts, retirement funds, vehicles, investments, and valuable personal property.
- Liabilities: Mortgages, car loans, credit card debt, student loans, and other debts.
This document is not just a formality; it is the foundation upon which nearly all financial orders are built.
A Comprehensive Checklist of Documents Needed for a Connecticut Divorce
To help you prepare your Financial Affidavit and get organized for your case, we’ve broken down the necessary paperwork into categories.
1. Income and Employment Documents
These papers verify your and your spouse's earnings.
- Pay Stubs: Your most recent pay stubs (usually for the last 3-4 months) and your final pay stub from the previous year.
- Tax Returns: Complete federal and state income tax returns, including all schedules and attachments (like W-2s and 1099s), for the last three years. This is part of the mandatory disclosure required by Practice Book § 25-32.
- W-2s, 1099s, and K-1s: For the last three years.
- Employment Contracts or Offer Letters: If you have one, this can show your salary, bonus structure, and other benefits.
- Social Security Statements: Your most recent statement showing estimated benefits.
- Proof of Other Income: Documentation for any disability, unemployment, or workers' compensation benefits.
2. Asset Documents (What You Own)
Assets are anything of value that you or your spouse own, whether held jointly or separately.
- Real Estate:
- Deeds to any property you own.
- Most recent mortgage statements.
- Recent property tax bills.
- Home equity line of credit (HELOC) statements.
- A recent appraisal or comparative market analysis (CMA) for your home.
- Bank Accounts:
- Statements for all checking, savings, money market, and CD accounts for the past 24 months (Practice Book § 25-32).
- Retirement and Pension Plans:
- The most recent statements for any 401(k), 403(b), IRA, or other retirement accounts.
- Pension plan summaries that describe the benefit and vesting schedule.
- Investments:
- Statements from all brokerage accounts, stocks, bonds, and mutual funds.
- Vehicles, Boats, or RVs:
- Titles and registration documents.
- Loan statements showing the current balance.
- Life Insurance:
- The policy declaration page showing the death benefit and any cash surrender value.
- Business Records (if applicable):
- Profit and loss statements, balance sheets, and business tax returns if you or your spouse own a business.
- Other Valuables:
- Appraisals or receipts for valuable items like jewelry, art, or collectibles.
3. Liability Documents (What You Owe)
Liabilities are the debts you and your spouse have accumulated.
- Credit Card Statements: Recent statements for all credit cards held jointly or individually.
- Loan Documents: Statements for any personal loans, student loans, or other financing.
- Medical Bills: Documentation of any significant outstanding medical or dental debt.
- Tax Liabilities: Notices from the IRS or state showing any taxes owed.
4. Children-Related Documents (If Applicable)
If you have minor children, you will need additional paperwork related to their care.
- Children's Birth Certificates
- Social Security Cards
- Health and Dental Insurance Information: Cards and a summary of benefits and costs.
- Childcare Expense Records: Invoices or receipts from daycare or after-school programs.
- Records of Extraordinary Expenses: Documentation for costs like private school tuition, tutoring, or special needs therapies.
- Proposed Parenting Plan: While not a pre-existing document, you will need to create a proposed parenting plan outlining your requests for custody and a parenting schedule (C.G.S. § 46b-56a).
5. Other Key Documents
- Marriage Certificate
- Prenuptial or Postnuptial Agreement: If you have one, this is a critical document.
- Court Orders: Copies of any existing restraining or protective orders.
How to Start Gathering Your Divorce Documents
Feeling overwhelmed? That’s normal. Here’s a simple, step-by-step approach to tackling this task:
- Start Early: Begin collecting these documents as soon as you know a divorce is likely. The sooner you start, the less pressure you’ll feel.
- Create a System: Set up a dedicated folder on your computer and a physical binder or box. Create subfolders for each category (Income, Assets, Debts, etc.). As you find a document, scan it and file both the digital and physical copy.
- Make a List: Use the checklist above and mark off items as you find them. This will give you a sense of progress.
- Request Missing Documents: You may need to contact your bank, employer's HR department, or financial advisor to get copies of statements you don't have.
- Work Together (If Possible): If your divorce is amicable, you and your spouse can save time and effort by gathering jointly held documents together.
Remember, being organized is one of the most empowering things you can do for yourself during this process. It helps you and your attorney build the strongest possible case.
Frequently Asked Questions About Divorce Documents in CT
Here are answers to some common questions we hear about the documents needed for a Connecticut divorce.
1. What is the single most important document I need?
The Financial Affidavit is the most critical document because it summarizes everything for the court. However, you need all the other supporting documents to fill it out accurately and truthfully.
2. Do I need all this paperwork for an uncontested divorce?
Yes. Even if you and your spouse agree on everything, the court still has a legal duty to review your agreement and find that it is "fair and equitable" (C.G.S. § 46b-66). To do this, the judge must review both of your Financial Affidavits.
3. What happens if I don't disclose an asset?
Intentionally hiding assets is a serious mistake. If discovered, the court can impose penalties. More importantly, if an undisclosed asset is found after your divorce is final, your ex-spouse could reopen the case to get their fair share, and the judge may set aside the original judgment on grounds of fraud (C.G.S. § 46b-44c(d)).
4. How is my private financial information protected in court?
Connecticut has strong privacy protections. Under Practice Book § 25-59A(h), sworn Financial Affidavits are automatically sealed and are not public records. They are only accessible to the court, the parties, their attorneys, and other professionals involved in your case, like a guardian ad litem.
5. What are the "Automatic Orders" and how do they relate to my documents?
When a divorce is filed in Connecticut, Automatic Orders immediately go into effect for both parties (Practice Book § 25-5). These orders prevent either spouse from taking actions like selling property, emptying bank accounts, or changing insurance beneficiaries without the other's consent or a court order. Your financial documents provide a baseline snapshot of your assets and insurance policies as of the date the divorce was filed, which helps enforce these orders.
6. My spouse always handled the finances. How can I get the documents I need?
This is a very common situation. If your spouse is unwilling to share information, your attorney can use legal tools to get it. This process, called "discovery," can include sending formal requests for production of documents, issuing subpoenas to financial institutions, and filing a Motion to Compel with the court if your spouse refuses to cooperate (Practice Book § 25-32A).
7. How far back do my records need to go?
The mandatory disclosure rules generally require three years of tax returns and 24 months of bank statements (Practice Book § 25-32). However, your attorney may advise you to gather records from further back if it's necessary to trace the source of certain assets or understand complex financial transactions.
Getting Help with Your Divorce Paperwork
Gathering the documents needed for a Connecticut divorce is a detailed and demanding task. It’s easy to miss something, especially when you are dealing with the emotional stress of ending a marriage. Working with an experienced Connecticut divorce attorney can make a world of difference.
An attorney can help you understand exactly which documents are relevant to your specific situation, use the discovery process to obtain information from a reluctant spouse, and ensure your Financial Affidavit is completed accurately and strategically. This legal guidance helps protect your rights and ensures you are on solid footing as you negotiate the terms of your divorce.
Conclusion
Organizing your financial life is a critical first step toward a successful resolution of your divorce. By methodically gathering the documents related to your income, assets, debts, and children, you provide the clear, factual foundation needed for a fair outcome. While the list may seem long, each document plays a role in building a complete picture for you, your attorney, and the court.
Remember to be patient with yourself during this process. Take it one document at a time, and don't hesitate to seek professional help to ensure you are fully prepared for the road ahead.