What is an uncontested divorce in Connecticut?

Going through a divorce is one of life’s most challenging experiences. But if you and your spouse can agree on the major issues, the path forward can be significantly smoother, faster, and less expensive. This cooperative approach is known as an uncontested divorce in Connecticut, and it allows you to maintain control over the outcome rather than leaving critical decisions in a judge's hands.

An uncontested divorce simply means that you and your spouse have reached a complete agreement on all the terms of your separation. This includes everything from dividing property and debts to deciding on alimony and, if you have children, creating a plan for their care and financial support. Instead of battling in court, you work together to create a settlement that you both find acceptable.

This guide will walk you through everything you need to know about the uncontested divorce Connecticut process. We'll cover the legal requirements, the different paths you can take, and the step-by-step process, all based on Connecticut law.

Understanding the Basics: What Makes a Divorce "Uncontested"?

At its heart, an uncontested divorce is about agreement. The Connecticut courts have a clear definition: an uncontested matter is one where "both parties appear and have indicated that no aspect of the matter is in dispute" (Practice Book § 25-49).

To have a truly uncontested divorce in Connecticut, you and your spouse must agree on every single issue that applies to your family, including:

Property and Asset Division: How will you divide real estate, bank accounts, retirement funds, vehicles, and personal belongings? (C.G.S. § 46b-81)
Debt Allocation: Who will be responsible for paying the mortgage, credit card balances, car loans, and other liabilities?
Alimony (Spousal Support): Will one spouse pay alimony to the other? If so, how much will be paid and for how long? (C.G.S. § 46b-82)
Parenting Plan: If you have minor children, you must agree on legal custody (decision-making) and physical custody (where the children live), including a detailed visitation schedule. (C.G.S. § 46b-56a)
Child Support: You must calculate the appropriate amount of child support using Connecticut's Child Support Guidelines. (C.G.S. § 46b-84)
Health and Life Insurance: Who will provide health insurance for the children? Will life insurance be required to secure support obligations?

When you have a signed, written agreement covering all these points, you can proceed with an amicable divorce in CT. If you disagree on even one issue, your case is considered "contested," and a judge will have to decide for you after a trial.

Two Paths for an Uncontested Divorce in Connecticut

Connecticut offers two distinct pathways for couples who agree on the terms of their divorce. The path you take depends on your specific circumstances.

Path 1: The Standard Uncontested Divorce

This is the most common route for an agreed-upon divorce in Connecticut. It’s for couples who have reached a full agreement but don’t meet the very strict criteria for the simplified process below. You might have children, own a home, or have significant assets, but as long as you agree on how to handle everything, you can use this process.

The key document in this process is a comprehensive settlement agreement. The court will review this document to ensure it is "fair and equitable under all the circumstances" before making it a final court order (C.G.S. § 46b-66).

Path 2: The Simplified "Nonadversarial" Divorce

For couples with very straightforward situations, Connecticut offers a streamlined process called a nonadversarial divorce. This option allows you to file a joint petition and may not even require a court hearing. However, the eligibility requirements are very strict.

According to Connecticut General Statutes § 46b-44a, you can only use this process if you meet all of the following conditions:

The marriage has lasted nine years or less.
Neither party is pregnant, and you have no children born or adopted before or during the marriage.
Neither party has any interest in real property (like a house or land).
The total combined value of all your property is less than $80,000 (after subtracting any debts against it).
Neither party has a defined benefit pension plan.
Neither party has a pending bankruptcy case.
There are no active restraining or protective orders between you.
You meet the state's residency requirements.

If you don't meet every single one of these criteria, you must use the standard uncontested divorce process.

The Standard Uncontested Divorce Process: A Step-by-Step Guide

Even with a full agreement, you still need to follow the court's procedures to make your divorce official. Here’s a breakdown of the typical steps for a standard uncontested divorce in Connecticut.

Step 1: Meet Connecticut's Residency Requirement

Before you can file for divorce, you must meet the state's residency rules. C.G.S. § 46b-44 states that a divorce decree can be granted if:

One of you has been a resident of Connecticut for at least 12 months before filing the divorce or before the final judgment; OR
One of you was living in Connecticut at the time of the marriage and returned with the intent to stay permanently before filing; OR
The reason for the divorce (the "cause") happened after one of you moved to Connecticut.

The 12-month rule is the most common way to satisfy this requirement.

Step 2: Prepare and File the Initial Paperwork

The filing spouse starts the divorce process by filing several documents with the Superior Court clerk, including:

Summons and Complaint (JD-FM-3 & JD-FM-159): This officially starts the lawsuit and states the grounds for the divorce (most commonly "irretrievable breakdown").
Notice of Automatic Court Orders (JD-FM-158): This is a critical document. Under Practice Book § 25-5, certain orders go into effect automatically when a divorce is filed. These orders prevent either spouse from selling assets, taking on new debt, or removing children from insurance policies while the case is pending.
Filing Fee: You must pay a court filing fee. If you cannot afford it, you can apply for a fee waiver.

Step 3: Serve the Papers on the Other Spouse

The responding spouse must be formally notified of the divorce. This is called "service of process." A state marshal delivers the paperwork. However, in an uncontested divorce, the responding spouse can simplify this step by signing a Waiver of Service and filing an Appearance form (JD-CL-12) with the court. This shows the court they are aware of the case and participating voluntarily (C.G.S. § 46b-45(b)).

Step 4: Negotiate and Draft the Settlement Agreement

This is the most important part of any uncontested divorce. The settlement agreement is a legally binding contract that details every aspect of your divorce. It should clearly outline your agreements on:

Division of all assets and debts.
Alimony payments, amount, and duration.
A detailed parenting plan if you have children, covering custody, visitation schedules, holidays, and decision-making.
Child support calculations.
Health and life insurance provisions.

It is highly recommended to have an attorney draft or at least review this document to ensure it is thorough, clear, and legally sound.

Step 5: Complete and Exchange Financial Statements

Both spouses are required to complete and exchange a sworn financial statement (form JD-FM-6). This document provides a complete picture of your income, expenses, assets, and liabilities. Under Practice Book § 25-30, this is a mandatory step. You must be honest and thorough, as you are signing it under oath. These statements help the judge determine if your settlement agreement is fair.

Step 6: Complete the Parenting Education Program

If you have minor children, Connecticut law requires both parents to attend a parenting education program. This program is designed to help parents understand the impact of divorce on children and learn strategies for effective co-parenting. C.G.S. § 46b-69b mandates completion of this program before the court can finalize your divorce.

Step 7: The Final Hearing and Judgment

After filing, there is a mandatory waiting period. A judge cannot finalize a contested or standard uncontested divorce until at least 90 days have passed from the "return date" listed on the complaint (C.G.S. § 46b-67).

Once the waiting period is over and all your paperwork is filed, the court will schedule a final, brief hearing. At the hearing, the judge will:

Review your settlement agreement.
Look over your financial statements.
Ask a few simple questions to confirm that you both understand and agree to the terms, that you believe the agreement is fair, and that your marriage has broken down irretrievably (C.G.S. § 46b-51).

If the judge finds your agreement is "fair and equitable" (C.G.S. § 46b-66), they will approve it and incorporate it into the final divorce decree. At that moment, your divorce is final.

Important Considerations for an Uncontested Divorce in Connecticut

While the simple divorce process in Connecticut is more straightforward, there are a few key things to keep in mind.

The "Fair and Equitable" Standard: A judge will not blindly approve any agreement. The court has a duty under C.G.S. § 46b-66 to "inquire into the financial resources and actual needs of the parties" to ensure the agreement is fair. If the judge believes the agreement is one-sided or doesn't adequately provide for the children, they can reject it.
The Power of Automatic Orders: From the moment the divorce is served, the automatic orders in Practice Book § 25-5 are in effect. Violating these orders can result in being held in contempt of court. This means you cannot empty a joint bank account, cancel your spouse's health insurance, or make other major financial moves without permission.
What if We Disagree Later?: Sometimes, couples start with an agreement but a dispute arises later. If this happens, your case becomes contested. However, you don't have to go straight to a court battle. You can use mediation services to help resolve the disagreement and get back on the uncontested track. Connecticut law encourages mediation to resolve family issues (C.G.S. § 46b-53a).

FAQ: Your Uncontested Divorce Questions Answered

How long does an uncontested divorce take in Connecticut?

The absolute minimum is 90 days from the return date due to the mandatory waiting period. Realistically, most uncontested divorces in Connecticut take between 3 to 6 months to allow time for filing paperwork, negotiating the agreement, and getting a date for the final hearing.

How much does an uncontested divorce in Connecticut cost?

An uncontested divorce is significantly less expensive than a contested one. Costs include the court filing fee (currently $360), the fee for the parenting education class (if applicable), and any fees for a state marshal to serve papers. The biggest variable is attorney's fees. While some people handle it themselves, many hire attorneys to draft or review the agreement, which can range from a flat fee to a few thousand dollars—still far less than the tens of thousands a contested divorce can cost.

Do I need a lawyer for an uncontested divorce in Connecticut?

You are not legally required to have a lawyer. However, it is highly recommended. A divorce agreement is a complex legal document with long-term consequences. An experienced attorney can provide legal advice, ensure your rights are protected, and draft an agreement that is clear, enforceable, and less likely to cause problems in the future.

Can we file for an uncontested divorce if we have children?

Yes, absolutely. In fact, reaching an agreement is often better for children as it reduces conflict. You will need to submit a detailed parenting plan and a completed Child Support and Arrearage Guidelines Worksheet to the court with your agreement.

What happens if the judge doesn't approve our settlement agreement?

If the court finds the agreement is not "fair and equitable," it will not approve it. The judge will typically explain their concerns and give you and your spouse an opportunity to revise the agreement and resubmit it. If you cannot reach a new agreement, the judge will "make such orders as to finances and custody as the circumstances require," effectively turning your case into a contested matter (C.G.S. § 46b-66(c)).

What is a "return date" and why is it important?

The return date is a legal formality—it's a date listed on the summons, usually a Tuesday, that is at least 12 days after the papers are served. It's not a court date you attend. Its main purpose is to start the clock on important legal deadlines, including the 90-day waiting period before your divorce can be finalized.

Do we have to go to court for an uncontested divorce?

Usually, yes, for a brief final hearing. However, Connecticut law does allow a judge to finalize a divorce based on sworn affidavits from both parties without a hearing, provided there are no restraining or protective orders in effect (C.G.S. § 46b-51(b)). This is more common in nonadversarial cases but can sometimes be used in standard uncontested divorces at the judge's discretion.

What is the difference between an uncontested divorce and a nonadversarial divorce?

An uncontested divorce is a broad term for any divorce where the parties agree on all terms. A nonadversarial divorce is a specific, simplified type of uncontested divorce available only to couples who meet the strict criteria in C.G.S. § 46b-44a (e.g., short marriage, no kids, no real estate, limited assets).

Getting Help with Your Uncontested Divorce

Navigating the uncontested divorce Connecticut process is much easier with the right support. Even if you and your spouse are on good terms, professional guidance can ensure the process is done correctly.

Divorce Attorneys: An attorney can provide legal advice, negotiate on your behalf if needed, draft a legally sound settlement agreement, and handle all the court filings. You can each hire your own attorney, or one spouse can hire an attorney to draft the agreement while the other has it reviewed by their own counsel.
Mediators: A neutral mediator can help you and your spouse work through disagreements and reach a full settlement. A mediator does not give legal advice or represent either party, but facilitates your conversation. Mediation is confidential and can be a very effective tool for creating a durable agreement (C.G.S. § 46b-53a).
Connecticut Judicial Branch Website: The official state website offers all the necessary forms, instructions, and information about court procedures. It is an invaluable resource for anyone going through a divorce in Connecticut.

Conclusion

An uncontested divorce in Connecticut is an empowering option for couples who are able to work together to end their marriage with dignity and respect. By focusing on agreement rather than conflict, you can save time, money, and emotional energy. It allows you to craft a future that you both had a hand in designing, which is especially important when children are involved.

While the process requires careful attention to legal procedures and paperwork, the foundation is simple: a complete and fair agreement. By understanding the steps and seeking the right help, you can navigate this difficult time and move forward to the next chapter of your life.