What forms do I need to file for divorce in Connecticut?
Navigating a divorce is one of life's most challenging experiences, and the mountain of paperwork can feel overwhelming. You're likely feeling stressed and uncertain, and that's completely normal. The good news is that understanding the required Connecticut divorce forms is a manageable first step toward taking control of the process and moving forward.
The specific documents you'll need depend on your unique situation—primarily whether you have minor children and whether you and your spouse agree on all the terms of your separation. This guide will break down the essential forms, explain their purpose in plain language, and provide a clear roadmap for getting started.
Understanding Your Divorce Path: How It Affects Your Forms
In Connecticut, not all divorces follow the same track. The path you take determines the exact set of forms you'll need to complete.
- Nonadversarial Divorce (Simplified): This is the simplest and quickest option, but it has strict eligibility rules. Under Connecticut law (C.G.S. § 46b-44a), you can only use this process if you meet all the criteria, including a marriage of nine years or less, no minor children, no real estate, and total property value under $80,000, among other requirements. This path uses a special "Joint Petition" form.
- Uncontested Divorce (Full Agreement): This is for couples who don't qualify for the simplified process but have reached a complete agreement on every issue: property division, debt, alimony, and if applicable, a full parenting plan. You'll use the standard divorce forms but also submit a written settlement agreement for the judge to approve.
- Contested Divorce (Disagreement): If you and your spouse cannot agree on one or more key issues, your divorce is contested. You will file the standard forms to begin the process, and the court will help you resolve your disputes through case management, mediation, and potentially a trial.
The Core Connecticut Divorce Forms You'll Need
Regardless of whether your divorce is contested or uncontested (unless you qualify for the simplified nonadversarial path), you will start with a core set of documents. Always be sure to get the most current versions directly from the Connecticut Judicial Branch website.
1. Forms to Start the Divorce Process
These documents officially open your case with the court and notify your spouse.
- Summons Family Actions (Form JD-FM-3): This is a one-page document that officially summons your spouse to court. It informs them that a lawsuit has been filed against them and that they must respond by filing an "Appearance" form. The filing spouse (the "plaintiff") fills this out, and a state marshal serves it on the responding spouse (the "defendant").
- Divorce Complaint/Cross Complaint (Form JD-FM-159): This is the central document that starts the divorce. In it, you provide basic information about your marriage, state that the marriage has "broken down irretrievably" (the legal grounds for a no-fault divorce in Connecticut, per C.G.S. § 46b-40), and tell the court what you are asking for (e.g., dissolution of the marriage, property division, alimony).
- Notice of Automatic Court Orders (Form JD-FM-158): This isn't a form you fill out, but it must be attached to your complaint. These Automatic Orders go into effect for the filing spouse upon signing the complaint and for the responding spouse upon being served. As outlined in the Connecticut Practice Book § 25-5, these orders are designed to maintain the status quo. For example, they prohibit either party from selling assets, taking on unusual debt, removing children from the state, or changing insurance beneficiaries without the other's consent or a court order. It is critical that you read and obey these orders.
- Appearance (Form JD-CL-12): Whoever files for divorce must file an Appearance form to let the court know they are participating in the case. The responding spouse must also file one to avoid a default judgment.
2. Essential Financial Disclosure Forms
Connecticut law requires full financial transparency to ensure a fair and equitable outcome.
- Financial Statement (Form JD-FM-6-LONG or JD-FM-6-SHORT): This is arguably the most important of all the Connecticut divorce forms. You must swear under oath that the information is accurate. It provides a complete snapshot of your income, expenses, assets (like bank accounts, retirement funds, cars) and liabilities (like mortgages, credit card debt, loans).
- You use the LONG form if your total net income is $75,000 or more per year.
- You use the SHORT form if your total net income is less than $75,000 per year.
- Under Practice Book § 25-30, both parties must file a sworn financial statement with the court.
3. Forms Required for Divorces with Minor Children
If you and your spouse share minor children, the court's primary focus is their best interest. These forms help the court make informed decisions about their well-being.
- Affidavit Concerning Children (Form JD-FM-164): This form provides the court with essential information about your children, including where they have lived for the past five years. This is required under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and Practice Book § 25-57 to ensure Connecticut is the proper state to make custody decisions.
- Parenting Plan (Form JD-FM-183): If you and the other parent can agree, you will submit a detailed Parenting Plan. This document outlines your agreements on legal custody (decision-making), physical custody (where the child lives), and a specific parenting access schedule. A thorough, well-thought-out parenting plan is crucial for creating stability for your children post-divorce (C.G.S. § 46b-56a).
- Child Support and Arrearage Guidelines Worksheet (Form JD-FM-50): This worksheet is used to calculate the amount of child support one parent will pay the other. The calculation is based on a formula in the Connecticut Child Support Guidelines that considers both parents' incomes and other factors. You must file this worksheet in any case involving child support (Practice Book § 25-30(e)).
- Parenting Education Program: While not a form you fill out initially, Connecticut law (C.G.S. § 46b-69b) requires all parents of minor children who are divorcing to attend a parenting education program. You will receive a certificate upon completion, which must be filed with the court.
Forms for Special Circumstances
Your situation may require additional divorce paperwork.
- Joint Petition for Nonadversarial Divorce (Form JD-FM-242): This is the specific form used for the simplified divorce process mentioned earlier. Both spouses complete and sign it together, attesting under oath that they meet all the strict requirements of C.G.S. § 46b-44a.
- Agreement (Form JD-FM-172): For uncontested divorces, this is the document where you write out your complete settlement agreement. The judge will review it to ensure it is "fair and equitable" before incorporating it into your final divorce decree, as required by C.G.S. § 46b-66.
- Application for Waiver of Fees (Form JD-FM-75): If you cannot afford the court filing fees, you can complete this application to ask the court to waive them.
- Motion for Orders Before Judgment (Pendente Lite) (Form JD-FM-176): If you need the court to issue temporary orders for things like child support, alimony, or who gets to live in the family home while the divorce is pending, you would file this motion (C.G.S. § 46b-83).
A Step-by-Step Guide to Filing Your Forms
- Gather and Complete the Correct Forms: The first step is to download the latest versions of all necessary Connecticut divorce forms from the official CT Judicial Branch website. Fill them out completely and accurately.
- Make Copies: You will need at least three copies of your initial filing documents: one for the court, one for your spouse, and one for your own records.
- File with the Court: You can file your documents with the Superior Court clerk in your judicial district. Many Connecticut courts now require e-filing through the Judicial Branch's online portal. You will also need to pay the court filing fee unless you have an approved fee waiver.
- Serve Your Spouse: The Summons, Complaint, and Notice of Automatic Orders must be officially delivered to your spouse by a state marshal. This is called "service of process." If your divorce is amicable, your spouse can agree to waive this formal step by signing a Waiver of Service (Form JD-FM-249), which saves time and money.
- File Proof of Service: The marshal will provide you with a document proving that service was completed. This "Return of Service" must be filed with the court clerk.
Frequently Asked Questions about Connecticut Divorce Forms
Here are answers to some common questions about handling divorce paperwork in Connecticut.
1. Where can I find the official Connecticut divorce forms? You should only use the forms provided on the official Connecticut Judicial Branch website. These are the most up-to-date versions, and they are available for free. Avoid using forms from other websites, as they may be outdated or incorrect.
2. Do I need a lawyer to help me with these forms? While you are not legally required to have a lawyer, it is highly recommended, especially if your case involves children, significant assets, or any disagreements. An attorney can ensure your forms are filled out correctly, protect your rights, and help you navigate the complex legal system. This article provides legal information, not legal advice.
3. What happens if I fill out a form incorrectly? An incorrectly completed form can have serious consequences. The court clerk may reject your filing, which will delay your case. Worse, errors on documents like the Financial Statement or your Complaint could lead to unintended and unfavorable outcomes in your final divorce decree.
4. How much does it cost to file divorce papers in Connecticut? The filing fee for a divorce in Connecticut is subject to change, so check the Judicial Branch website for the current amount. If you have a low income, you can file an Application for Waiver of Fees (JD-FM-75) to ask the court to waive the cost.
5. What is the difference between a "Complaint" and a "Joint Petition"? A Complaint (JD-FM-159) is used to start a traditional divorce, whether it's contested or uncontested. A Joint Petition (JD-FM-242) is used only for the simplified, nonadversarial divorce process where both parties file together and meet very specific criteria.
6. What is a "Financial Statement" and why is it so important? The Financial Statement (JD-FM-6) is a sworn document detailing all your income, expenses, assets, and debts. It is required by Practice Book § 25-30 and is the foundation for all financial decisions in your divorce, including property division, alimony, and child support. Being dishonest or inaccurate on this form can result in serious penalties.
7. Do my spouse and I file the exact same forms? Not exactly. The filing spouse (plaintiff) starts the case with the Summons and Complaint. The responding spouse (defendant) files an Appearance and may file an Answer or Cross Complaint. However, both parties must file their own individual Financial Statement and, if applicable, attend the parenting education program.
Getting Help
Feeling overwhelmed by the list of Connecticut divorce forms is understandable. Remember, you don't have to do this alone.
- Divorce Attorneys: A qualified Connecticut family law attorney can provide invaluable guidance, ensure your paperwork is flawless, and advocate for your best interests.
- Mediators: If you and your spouse are mostly in agreement, a mediator can help you finalize the details and prepare your settlement agreement.
- Court Service Centers: The Judicial Branch has Court Service Centers in many courthouses where staff can provide information and help you find the right forms, though they cannot give legal advice.
Conclusion
Tackling the paperwork is the first concrete step in the divorce process. By identifying your divorce path and understanding the purpose of each of the required Connecticut divorce forms, you can demystify the process and begin to move forward with confidence. Take it one form at a time, seek help when you need it, and always use the official resources provided by the Connecticut Judicial Branch. This careful approach will build a solid foundation for the next chapter of your life.