{"id":372111,"date":"2016-03-31T21:34:40","date_gmt":"2016-04-01T02:34:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/connecticut-law\/connecticut-legal-requirements-for-divorce.html"},"modified":"2025-02-28T15:59:53","modified_gmt":"2025-02-28T20:59:53","slug":"connecticut-legal-requirements-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/connecticut-law\/connecticut-legal-requirements-for-divorce.html","title":{"rendered":"Connecticut Divorce Laws"},"content":{"rendered":"\n
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Connecticut Divorce Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

State law regulates marriage and divorce<\/a>. You should learn Connecticut’s divorce laws if you’re considering divorce. You should also research the divorce process. This way, you’ll know what to expect from your divorce case.<\/p>\r\n

Every state, including Connecticut, has legal requirements for divorce. Some involve a mandatory waiting period<\/a>, while others involve being a state resident. Here, we’ll explain what these legal requirements are. We will also discuss how Connecticut law affects alimony<\/a>, child custody<\/a>, and property division<\/a>.<\/p>\r\n

If you still have questions about your divorce, consult an experienced Connecticut divorce lawyer.<\/p>\r\n

Connecticut Divorce Laws at a Glance<\/b><\/h2>\r\n

Learn more about Connecticut’s divorce laws in the chart below.<\/p>\r\n\r\n
Code section<\/th>\r\n\u00a7 46b-40 et. seq.<\/a> of the Connecticut General Statutes<\/td>\r\n<\/tr>

Residency requirements<\/p>\r\n<\/th>\r\n

12 months<\/td>\r\n<\/tr>
Waiting period<\/th>\r\n90 days (parties can mutually waive the 90-day waiting period via a motion)<\/td>\r\n<\/tr>

No-fault grounds for divorce<\/p>\r\n<\/th>\r\n

Irretrievable breakdown; separation for at least 18 months<\/td>\r\n<\/tr>
Other grounds for divorce<\/th>\r\nAdultery; cruelty or violence; willful desertion for one year; drug\/alcohol addiction; insanity; unexplained absence for at least seven years.; conviction of an infamous crime; fraudulent contract; legal confinement for mental illness five out of the last six years.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are constantly changing, usually through caselaw or new legislation. FindLaw makes every effort to keep these pages up to date, but you may want to contact a Connecticut divorce attorney or conduct legal research to verify your state’s laws.<\/i><\/p>\r\n

Legal Requirements for a Connecticut Divorce<\/h2>\r\n

Like most other states, Connecticut has specific legal requirements for divorce. The court will only accept your divorce papers if you meet these requirements.<\/p>\r\n

First, you must meet the state’s residency rule. Connecticut General Statutes Annotated \u00a7 46b-44<\/a> states that you can file your divorce complaint once you establish residency. Most states require that you live in the state for several months before filing your divorce case. Connecticut is much more lenient with its residency rule.<\/p>\r\n

Connecticut law also imposes a mandatory 90-day waiting period<\/a>. This is the time between your petition for dissolution of marriage and your final divorce decree. You and your spouse can waive the waiting period.<\/p>\r\n

According to Connecticut General Statutes Annotated \u00a7 46b-67<\/a>, you can file a motion with the Connecticut judicial branch asking that the court waive the 90-day waiting period. If the judge grants your motion, they can proceed with your final hearing. You must use the correct court forms when filing your motion.<\/p>\r\n

No-Fault Divorce Cases vs. Fault-Based Divorce<\/h2>\r\n

Most people today opt for a no-fault divorce<\/a>. In a no-fault divorce case, you don’t have to blame your spouse for the demise of your marriage. You must only certify to the court that there has been an irretrievable breakdown of your marriage and that it’s beyond repair.<\/p>\r\n

One other grounds for a no-fault divorce is an 18-month separation. If you can prove that you and your spouse have lived separately for at least 18 months, the court will accept your divorce petition. Things will move even more quickly if you file a collaborative divorce<\/a>.<\/p>\r\n

In a collaborative divorce<\/a>, you and your spouse hire an independent attorney to help negotiate your property settlement agreement. If you can’t mediate a settlement, you must hire a different divorce lawyer to handle your case. You can also represent yourself.<\/p>\r\n

In a fault-based divorce, you must cite specific grounds. According to Connecticut General Statutes Annotated \u00a7 46b-40<\/a>, the fault-based grounds for divorce (and legal separation) available in the State of Connecticut include the following:<\/p>\r\n