Everything to Know About Divorce in Connecticut

• Prerequisites
• Divorce process overview
• Filing fees
• Property, assets & debt division
• Spousal support (alimony)
• Child support & custody
• Separations and annulments
• E-filing
• Post-divorce considerations

Understanding your state's specific laws and procedures can help ensure a smoother transition if you're navigating a divorce in Connecticut. This guide provides an overview of the key aspects of divorce in Connecticut.

Connecticut divorce prerequisites

Want to begin your divorce? Make sure you meet all the following prerequisites first.

Residency requirements

To file for divorce in Connecticut, at least one spouse must have lived in the state for a minimum of 12 months before filing or before the court issues the final divorce decree. Or, if the marriage took place in Connecticut and one spouse is still a resident, the residency requirement may be waived.

Waiting period

Connecticut has a 90-day waiting period from the filing date before a divorce can be finalized. However, this period can be waived under certain conditions, such as an uncontested divorce where both parties agree on all terms.

Grounds for divorce

Connecticut allows for both no-fault and fault-based divorces. The most common ground for divorce is "irretrievable breakdown," which does not require proving wrongdoing. Fault-based grounds include:

• Adultery
• Fraudulent contract
• Willful desertion for at least one year
• Habitual intoxication or drug addiction
• Intolerable cruelty
• Imprisonment for a crime

Read more about divorce grounds in Connecticut here

Divorce process overview

You can expect the following steps during the Connecticut divorce process:

1.  Filing: One spouse (the petitioner) files a Complaint for Divorce with the court.
2.  Service of process: The other spouse (the respondent) must be formally served via one of the state’s acceptable methods.
3.  Response: The respondent has a set time to reply to the complaint.
4.  Negotiation or mediation: If disputes arise, mediation may be required if you wish to avoid divorce court.
5.  Court hearing: If agreements are not made outside of court or during legal counsel, a hearing may be necessary. Ideally, you and your spouse will work together to stay out of court and thus determine your settlement terms on your own or with expert help from someone like a mediator.
6.  Final decree: The court issues a final divorce decree.

More about how to file for divorce in Connecticut

Filing fees

The filing fee for a divorce in Connecticut is approximately $360. Additional costs may apply for service of process, motions, and parenting classes if children are involved. Fee waivers are available for those who cannot afford the fees, by filling out additional paperwork.

Other costs could affect your divorce in Connecticut. Read more here.

Property, asset, and debt division

Connecticut follows an equitable distribution model for property division, meaning that marital assets and debts are divided fairly but not always 50/50. The court considers factors such as:

• Length of the marriage
• Each spouse’s income and financial status
• Contributions to the marriage, including homemaking and childcare
• Age and health of both spouses
• Prenuptial agreements

Marital vs. separate property

Marital property includes assets and debts acquired during the marriage, regardless of whose name is on the title. Separate property includes:

• Assets owned before marriage
• Gifts or inheritances received by one spouse
• Property designated as separate in a valid prenuptial agreement

Debt division

Marital debts, such as mortgages, car loans, and credit card balances, are divided equitably. Courts consider who incurred the debt, its purpose, and each spouse’s ability to pay.

Spousal support (alimony)

Spousal support may be awarded based on factors such as:

• Length of the marriage
• Financial need and earning capacity
• Age and health of both spouses
• Contributions to the marriage

Connecticut recognizes different types of alimony, including temporary, rehabilitative, and permanent alimony. More details can be found here: Connecticut Alimony Laws.

See our in-depth guide to Connecticut spousal support

Child custody and support

Connecticut courts prioritize the best interests of the child when determining custody arrangements. Child support calculations are based on state guidelines and consider:

• Each parent’s income
• Childcare and medical expenses
• Parenting time arrangements

Use Connecticut’s online calculator to estimate child support: CT Child Support Guidelines.

Separations and annulments

In Connecticut, legal separation and annulment are two alternatives to divorce, each with distinct legal effects.

Legal separation

This allows couples to live separately while remaining legally married. It addresses issues like property division, child custody, and alimony, similar to a divorce, but without officially ending the marriage. Some couples choose this option for religious, financial, or personal reasons.

Annulment

Unlike divorce, which ends a valid marriage, an annulment declares that the marriage was never legally valid. In Connecticut, annulments are granted only in specific circumstances, such as fraud, bigamy, incapacity, or force. Because annulments require proof of legal grounds, they are less common than divorce.

Electronic filing

Connecticut allows e-filing for some divorce documents. Check with your local court for availability: CT E-Filing.

Post-divorce considerations

• Name change: You can request a name change (to your maiden name or name you had before marriage) during the divorce process, often simply as a part of your standing paperwork or with an additional form.
• Tax filing: If your divorce is finalized before the last day of the tax year, you cannot file jointly.
• Legal assistance: Free legal aid is available through organizations such as Connecticut Legal Services.

If you need help with your divorce, check out our online plans and flat-rate services. We are here to help you every step of the way.

References