Where do I file for divorce in Connecticut?

Figuring out the first steps of a divorce can feel overwhelming, and one of the most common initial questions is simply, "Where do I go?" In Connecticut, the answer is straightforward: you file for divorce in the Superior Court for the judicial district where either you or your spouse resides.

Navigating the court system adds another layer of stress to an already emotional time. Understanding two key concepts—residency and venue—is the first step to getting the process started correctly. Getting this right from the beginning prevents unnecessary delays and complications. This guide will walk you through exactly where and how to file for divorce in Connecticut, so you can move forward with confidence.

Understanding the Legal Foundation: Jurisdiction and Venue

Before diving into the step-by-step process, it helps to understand two legal terms that determine where you can file your divorce case.

• Jurisdiction: This is the court's fundamental authority to hear and decide your case. For a Connecticut court to have jurisdiction over your divorce, you or your spouse must meet the state's residency requirements. Without meeting these, the court simply has no power to grant your divorce.
• Venue: This refers to the specific courthouse location where you file your paperwork. Connecticut is divided into several judicial districts, and the law specifies which one is the proper venue for your case.

Think of it this way: Jurisdiction is about whether you can file in Connecticut at all, while venue is about which specific Connecticut courthouse you need to go to.

Connecticut Law Requirements for Filing a Divorce

To successfully file for divorce in Connecticut, you must satisfy both the state's residency rules and file in the correct courthouse.

The Connecticut Residency Requirement

The state won't grant a divorce to just anyone; you or your spouse must have a meaningful connection to Connecticut. According to Connecticut General Statutes (C.G.S.) § 46b-44, a judge can grant your divorce if you meet one of the following conditions:

1. The 12-Month Rule: "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)). This is the most common way people meet the requirement. It means one of you must have lived in Connecticut continuously for the year leading up to either the day you file or the day the judge finalizes the divorce.
2. The Domicile Rule: "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)). This applies if Connecticut was your legal home when you got married and you've moved back with the plan to stay.
3. The "Cause" Arose Here Rule: "The cause for the dissolution of the marriage arose after either party moved into this state" (C.G.S. § 46b-44(c)(3)). This means the reason your marriage broke down (e.g., the separation or event leading to the breakdown) happened after you or your spouse became a Connecticut resident.

It's important to note: You can start the divorce process as soon as one of you establishes residency in the state (C.G.S. § 46b-44(a)). However, the court cannot issue the final divorce decree until one of the three conditions above is met.

The Venue Requirement: Which Courthouse?

Once you've confirmed you meet the residency requirement, you need to identify the correct courthouse. The rule for this is found in C.G.S. § 46b-45(a), which states that a divorce process "shall be commenced by the service and filing of a complaint...in the Superior Court for the judicial district in which one of the parties resides."

This means you must file your divorce paperwork at the Superior Court that serves the town where you or your spouse lives. If you and your spouse live in different towns, you can choose to file in either person's designated judicial district.

To find your judicial district, you can search online for the "Connecticut Judicial Branch judicial districts by town" list. This will tell you exactly which courthouse handles cases for your specific town. Filing in the wrong location can cause significant delays, so it's crucial to verify this information before you begin.

A Step-by-Step Guide to Filing Your Divorce Papers

Knowing where to file for divorce in Connecticut is the first step. Here is a general overview of how the initial filing process works.

Step 1: Prepare the Initial Divorce Documents

The divorce process begins by preparing a set of legal documents. The primary forms include:

• Summons (Form JD-FM-3): This official document notifies your spouse that a lawsuit has been filed against them.
• Divorce Complaint (Form JD-FM-159): This is the core document that starts the divorce. It tells the court who you are, when and where you were married, that you meet the residency requirements, and what you are asking the court to order (e.g., property division, alimony, custody).
• Notice of Automatic Court Orders (Form JD-FM-158): This is a critical document that outlines financial and parenting restrictions that apply to both spouses as soon as the divorce is filed.

According to the Connecticut Practice Book § 25-5, these Automatic Orders must be included with the complaint. They prevent either spouse from taking actions like selling assets, removing a child from the state, or changing insurance beneficiaries while the divorce is pending.

Step 2: Serve Your Spouse

You cannot simply hand the papers to your spouse. In Connecticut, the Summons and Complaint must be officially "served" on the responding spouse by a state marshal. The marshal will deliver the documents and then complete a "Return of Service" form, which proves to the court that your spouse was properly notified.

For couples on good terms, there is an alternative called a "Waiver of Service" (C.G.S. § 46b-45(b)). If your spouse agrees to sign this form, you can avoid the cost and formality of having a marshal serve them.

Step 3: File the Paperwork with the Court Clerk

After the marshal serves your spouse, they will file the original Summons, Complaint, and Return of Service with the clerk at the correct Superior Court—the one in the judicial district you identified in Step 1. At this time, you will also need to pay the required court filing fee. The date the papers are filed with the court becomes the official start date of your case.

Important Considerations When Filing

Your specific situation may raise additional questions about where to file for divorce in Connecticut.

What If My Spouse Lives in a Different Connecticut Town?

If you and your spouse live in different towns (and therefore potentially different judicial districts), you have a choice. You can file in the judicial district where you live or the one where your spouse lives. This can be a strategic decision based on convenience. For example, you might choose the courthouse that is closer to your home or work.

What If My Spouse Lives Out of State?

You can still file for divorce in Connecticut even if your spouse lives in another state, as long as you meet Connecticut's residency requirements. The law has procedures for notifying an out-of-state party (C.G.S. § 46b-46). The court will issue a special "order of notice" to ensure your spouse receives the paperwork, which may involve service by a marshal in their state or even notice by mail or publication in some cases.

It's important to know that for the court to make orders about alimony or child support that are binding on a non-resident, it must have "personal jurisdiction" over them, which generally requires that they receive actual notice of the lawsuit (C.G.S. § 46b-46(b)).

What About the "Nonadversarial" Divorce Option?

For couples who meet very specific criteria, Connecticut offers a simplified divorce process called a "nonadversarial dissolution of marriage." The filing location rule is the same: you file a joint petition "in the judicial district in which one of the parties resides" (C.G.S. § 46b-44a(a)).

This option is only available if you meet all the conditions listed in C.G.S. § 46b-44a(b), which include:

• The marriage is nine years or less.
• Neither party is pregnant.
• You have no children together.
• You do not own any real estate.
• Your combined assets are worth less than $80,000.
• Neither party has a defined benefit pension plan.

If you qualify, this process can be faster and does not require a court hearing if your agreement is found to be fair and equitable.

Frequently Asked Questions About Filing for Divorce in CT

Can I file for divorce online in Connecticut?

Yes and no. While Connecticut courts use an e-filing system for most documents after a case has started, the initial complaint is typically filed in person by a state marshal. You can find the necessary forms online on the Connecticut Judicial Branch website, but the official commencement of the case still involves the traditional process of service by a marshal and physical filing at the clerk's office.

What happens if I file for divorce in the wrong courthouse?

Filing in the wrong judicial district won't automatically void your case, but it will cause problems. The case will likely need to be transferred to the correct courthouse, which leads to significant delays and potentially additional fees. It's always best to double-check the proper venue before you begin.

Do I have to be a U.S. citizen to file for divorce in Connecticut?

No. The laws regarding where to file a divorce in Connecticut are based on residency, not citizenship. As long as you or your spouse meet the residency requirements outlined in C.G.S. § 46b-44, you can file for divorce here regardless of your immigration status.

How long do I have to live in Connecticut before I can get divorced?

To get your final divorce decree, one spouse must have lived in Connecticut for at least 12 months (C.G.S. § 46b-44(c)(1)). However, you can start the divorce process by filing the complaint as soon as one of you becomes a resident. The 90-day waiting period after the "return date" will begin, but the judge cannot finalize the divorce until the 12-month residency requirement is met.

My spouse and I agree on everything. Where do we file?

Even in a completely amicable divorce, the rules for where to file are the same. You must file in the Superior Court for the judicial district where at least one of you lives. If you meet the strict criteria, you may be able to use the simplified nonadversarial divorce process, but you still file the joint petition in the proper courthouse.

What is a "judicial district"?

A judicial district is a geographic area created by the court system for administrative purposes. Connecticut is divided into 13 judicial districts, and each one has a main courthouse that handles family law matters like divorce for the towns within its boundaries.

Does it matter which spouse files for divorce first?

Legally, there is no advantage or disadvantage to being the one who files first. The person who files is called the "plaintiff" (or filing spouse), and the other is the "defendant" (or responding spouse), but these titles do not influence the judge's decisions on issues like property division or alimony. Practically, the person who files first pays the initial filing and marshal fees and has more control over when the process begins.

Getting Help with Your Connecticut Divorce Filing

Determining where to file for divorce in Connecticut is a critical first step, and getting it right matters. While this guide provides a clear overview based on state law, every divorce is unique, and unforeseen complications can arise. The language on court forms and in statutes can be confusing, and a simple mistake can set your case back by months.

Consulting with an experienced Connecticut divorce attorney is the best way to ensure your paperwork is prepared correctly, filed in the proper courthouse, and that your rights are protected from day one. An attorney can handle the complexities of the legal system, allowing you to focus on moving forward with your life.

Conclusion

To file for divorce in Connecticut, you must file your complaint in the Superior Court for the judicial district where you or your spouse lives. Before you can get a final judgment, you must also satisfy the state's 12-month residency requirement or one of the other statutory exceptions.

By understanding these core rules, you can begin the divorce process with clarity and avoid common pitfalls. Remember that filing the paperwork is just the beginning. Having a knowledgeable and compassionate legal guide by your side can make all the difference in navigating the path ahead.