What is the difference between dissolution and divorce in Connecticut?

If you're facing the end of your marriage in Connecticut, you've probably heard two different terms used: "divorce" and "dissolution." This can be confusing, leaving you to wonder if they are two separate legal processes. Let's clear this up right away: in Connecticut, there is no legal difference between a divorce and a dissolution. They are two names for the exact same thing.

"Dissolution of marriage" is simply the official, legal term that Connecticut's laws and courts use to describe the process of legally ending a marriage. "Divorce" is the common, everyday word we all use. So, when you file court paperwork, you'll see "dissolution," but when you talk about it with friends or family, you'll likely say "divorce." Think of it like the difference between a "laceration" (the medical term) and a "cut" (the common term)—they both describe the same injury.

Understanding this simple fact is the first step in demystifying the legal journey ahead. This article will walk you through what a dissolution vs divorce in Connecticut really means, explain the legal process, and answer your most pressing questions so you can move forward with clarity and confidence.

Understanding the Terminology: Why Two Names for the Same Thing?

The main reason for the different terms comes down to a shift in legal philosophy. Historically, "divorce" was associated with a fault-based system where one spouse had to prove the other did something wrong (like adultery or abandonment) to be granted a divorce. This often turned the process into a bitter, public battle.

In the 1970s, Connecticut, like many other states, moved toward a "no-fault" system. The goal was to reduce conflict and allow couples to end their marriage more amicably. As part of this change, the legislature adopted the term "dissolution of marriage" to reflect a more neutral, business-like process of dissolving a legal partnership.

The primary ground for ending a marriage in Connecticut today is that it has "broken down irretrievably" (C.G.S. § 46b-40(c)(1)). This means neither spouse has to blame the other; you only need to state that the marriage is over and there's no reasonable hope of reconciliation. While fault-based grounds still exist in the statutes, they are rarely used.

So, when you see "dissolution of marriage" on court forms or in the Connecticut General Statutes, know that it refers to the legal process you know as divorce. For all practical purposes, the terms are interchangeable.

The Connecticut Dissolution Process: A Step-by-Step Guide

Whether you call it a dissolution or a divorce, the legal steps to end a marriage in Connecticut are the same. Here’s a simplified overview of what to expect.

Step 1: Meeting the Residency Requirement and Filing the Complaint

Before you can file for a dissolution in Connecticut, you must meet the state's residency requirements. A decree can be granted if:

One of you has lived in Connecticut for at least 12 months before filing the complaint or before the final decree is issued; 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 happened after one of you moved to Connecticut. (C.G.S. § 46b-44)

The process officially begins when one spouse (the "filing spouse") files a "Summons" and "Complaint" with the Superior Court (C.G.S. § 46b-45). These documents are then legally delivered, or "served," to the other spouse (the "responding spouse").

Step 2: The Automatic Orders

This is a critical step that many people don't know about. The moment a dissolution action is started in Connecticut, a set of court orders called Automatic Orders immediately goes into effect for both spouses (Practice Book § 25-5). These orders are designed to maintain the status quo and prevent either party from making drastic changes. Key restrictions include:

Neither spouse can sell, hide, or borrow against property without the other's consent, except for usual household expenses or reasonable attorney's fees.
Neither spouse can remove the other or the children from existing medical, dental, or life insurance policies.
Neither spouse can permanently remove the minor children from Connecticut without the other's agreement or a court order.

It is crucial to read and obey these orders, as violating them can lead to being held in contempt of court.

Step 3: The Waiting Period and Case Management

Connecticut has a mandatory waiting period. For most cases, a judge cannot finalize your dissolution until at least 90 days have passed from the "return date" listed on the complaint (C.G.S. § 46b-67).

During this time, your case will proceed through the court's case management system. You and your spouse will be required to exchange sworn financial statements, which detail your income, expenses, assets, and debts (Practice Book § 25-30). This financial disclosure is the foundation for resolving all financial issues in your case.

Step 4: Reaching a Settlement Agreement

The vast majority of Connecticut dissolution cases are resolved by agreement rather than by a full trial. There are several ways to reach an agreement:

Direct Negotiation: You and your spouse, often with the help of your attorneys, negotiate the terms of your settlement.
Mediation: A neutral third-party mediator helps you and your spouse communicate and find common ground on disputed issues (C.G.S. § 46b-53a).
Collaborative Divorce: You and your spouse each hire specially trained collaborative attorneys and agree to work together to find a resolution without going to court.

Once you've reached an agreement on all issues—including property division, alimony, and parenting—it is written into a formal Separation Agreement. The judge will review your agreement to make sure it is "fair and equitable under all the circumstances" before incorporating it into your final dissolution decree (C.G.S. § 46b-66).

Step 5: The Final Hearing and Decree

If you reach a full agreement, you will have a brief, uncontested final hearing. The judge will ask a few questions to confirm the marriage has broken down irretrievably and that your agreement is fair. The judge then signs the Decree of Dissolution of Marriage, which legally ends your marriage and makes your agreement an enforceable court order.

If you cannot agree, your case will proceed to a trial, where a judge will hear evidence and make the final decisions on all disputed issues.

Important Considerations in a Connecticut Dissolution

The goal of the dissolution process is to untangle your shared life in a fair and orderly way. The court will focus on three main areas:

1. Property Division

Connecticut is an "equitable distribution" state. This means the court will divide all marital property fairly, but not necessarily 50/50. The court considers many factors, including:

The length of the marriage
The causes for the dissolution
The age, health, station, and occupation of each spouse
The income, earning capacity, and employability of each spouse
The contribution of each spouse to the acquisition and preservation of assets (including contributions as a homemaker) (C.G.S. § 46b-81(c))

2. Alimony (Spousal Support)

Alimony is not guaranteed in any dissolution. The court uses the same factors listed above for property division to decide whether to award alimony, for how long, and in what amount (C.G.S. § 46b-82).

3. Children's Issues (Custody and Support)

If you have minor children, all decisions about them will be based on the "best interests of the child" standard (C.G.S. § 46b-56). You will be required to:

Complete a mandatory parenting education program (C.G.S. § 46b-69b).
Create a detailed parenting plan that outlines decision-making authority and a schedule for where the children will live (C.G.S. § 46b-56a).
Calculate child support according to the Connecticut Child Support Guidelines.

The "Nonadversarial Divorce": A Simplified Option

For some couples, there is an even simpler path called a "nonadversarial dissolution of marriage" (C.G.S. § 46b-44a). This is a streamlined process for couples who meet very specific criteria. To qualify, you must attest under oath that:

Your marriage is nine years or less in duration.
Neither party is pregnant, and 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 of you has a defined benefit pension plan.
There are no active restraining or protective orders between you.

If you meet all the requirements, you can file a joint petition. A judge can then grant your dissolution as soon as 30 days later, often without you ever having to appear in court (C.G.S. § 46b-44c). This is the fastest and most straightforward way to get a dissolution in Connecticut, but it is only available to a small number of couples.

Frequently Asked Questions about Dissolution vs. Divorce in Connecticut

Is a "dissolution" the same as an "annulment" in Connecticut?

No, they are very different. A dissolution ends a legally valid marriage. An annulment declares that the marriage was never legally valid from the beginning. Annulments are rare and are only granted for specific reasons, such as one party being underage, fraud, or incest (C.G.S. § 46b-40(b)).

What is a legal separation in Connecticut?

A legal separation is a court order that allows a married couple to live apart and formalizes their financial and parental responsibilities, just like in a dissolution. However, with a legal separation, you are still legally married and cannot remarry (C.G.S. § 46b-67(c)). Later, either spouse can petition the court to convert the legal separation into a final dissolution of marriage (C.G.S. § 46b-65(b)).

Do I need a lawyer for a dissolution of marriage in CT?

While you are not legally required to have an attorney, it is highly recommended. The difference between dissolution and divorce in Connecticut might be just terminology, but the legal process itself is complex. An experienced family law attorney can protect your rights, ensure all paperwork is filed correctly, help you understand your options, and guide you toward a fair settlement, especially if you have children or significant assets.

How long does a dissolution of marriage in Connecticut take?

The timeline varies greatly. As mentioned, there is a 90-day waiting period for most cases. An uncontested dissolution where both parties cooperate can be finalized shortly after the 90 days. A nonadversarial dissolution can be done in as little as 30 days. However, a highly contested case with complex financial issues or custody disputes could take a year or more to resolve.

Does it matter who files for dissolution first in Connecticut?

Legally, it does not give either party an advantage in the final outcome. The court will make decisions based on the law and the facts, not on who filed first. The person who files (the filing spouse) does get to present their case first if the matter goes to trial, but this is a minor procedural point.

Can we get a dissolution if we agree on everything?

Absolutely. This is called an "uncontested dissolution" and is the ideal scenario. If you and your spouse agree on all issues, you can submit a written settlement agreement to the court. As long as the judge finds the agreement is fair and equitable, it will be approved and become your final judgment (C.G.S. § 46b-66). This saves time, money, and emotional stress.

Getting Help with Your Connecticut Dissolution

Navigating the end of a marriage is one of life's most challenging experiences. While knowing the difference between dissolution vs divorce in Connecticut is a good start, it's only the first step. The process involves complex legal rules, critical financial decisions, and deeply personal issues, especially when children are involved.

You don't have to go through it alone. Working with a compassionate and knowledgeable Connecticut family law attorney can provide you with the guidance and advocacy you need to protect your future. An attorney can help you understand your rights, negotiate a fair agreement, and ensure you are making informed decisions every step of the way.

Conclusion: Focusing on What Matters

Ultimately, the debate over "dissolution vs divorce Connecticut" is just about words. The legal process is the same regardless of what you call it. What truly matters is how you navigate that process. By understanding the steps, focusing on cooperation where possible, and seeking professional legal guidance, you can move through your dissolution with dignity and emerge ready to begin your next chapter.