Connecticut Divorce Laws

State law regulates marriage and divorce. 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.

Every state, including Connecticut, has legal requirements for divorce. Some involve a mandatory waiting period, 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, child custody, and property division.

If you still have questions about your divorce, consult an experienced Connecticut divorce lawyer.

Connecticut Divorce Laws at a Glance

Learn more about Connecticut's divorce laws in the chart below.

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.

Legal Requirements for a Connecticut Divorce

Like most other states, Connecticut has specific legal requirements for divorce. The court will only accept your divorce papers if you meet these requirements.

First, you must meet the state's residency rule. Connecticut General Statutes Annotated § 46b-44 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.

Connecticut law also imposes a mandatory 90-day waiting period. 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.

According to Connecticut General Statutes Annotated § 46b-67, 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.

No-Fault Divorce Cases vs. Fault-Based Divorce

Most people today opt for a no-fault divorce. 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.

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.

In a collaborative divorce, 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.

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

• Adultery
• Fraudulent inducement to contract
• Willful desertion of at least one year
• Abandonment of at least seven years
• Habitual intemperance
• Neglect
• Intolerable cruelty (domestic violence)
• Conviction of an infamous crime with a sentence of more than one year
• Incurable insanity (institutionalization of more than five years)

If you file a fault-based divorce with the superior court, you must prove evidence of marital misconduct.

Uncontested and Contested Divorce

There are two types of divorce — contested and uncontested. In an uncontested divorce, the parties agree that divorce is the best option. They also agree to the material terms of the divorce. You can submit a copy of your divorce settlement agreement to the judge for approval.

Once the judge reviews and (hopefully) approves your settlement, they will schedule your final hearing. The judge will issue a court order finalizing your divorce at this hearing.

In a contested divorce matter, the parties disagree about some (or all) divorce terms. Some of the more contentious legal issues you may face in a contested divorce include:

• Alimony (type and amount)
• Child custody of minor children
• Child support
• Parenting time
• Division of property

Even if you file a contested divorce, your Connecticut divorce attorney can still negotiate a settlement with your spouse's lawyer. Very few divorce cases go to trial. Everyone involved's goal is to resolve the divorce amicably, if at all possible.

Alimony and Spousal Support in Connecticut

According to Connecticut General Statutes Annotated § 46b-83, there are three types of alimony: temporary, rehabilitative, and permanent. It's important to remember that there's no guarantee that either party to a divorce will get alimony.

You and your spouse can agree on spousal support, or you can let the judge decide whether either party deserves financial support from the other.

The three types of alimony available in Connecticut are:

• Temporary (pendente lite). This is financial support one party pays another during the divorce. Once the judge issues the final divorce decree, pendente lite terminates.
• Rehabilitative (short-term). The judge may order rehabilitative alimony for a year or two. This sort of alimony aims to help the receiving spouse become self-supporting.
• Permanent. The Connecticut courts rarely award permanent alimony. You may see this in cases where the length of the marriage exceeds ten or twelve years.

Alimony ends under these conditions:

• Death of either party
• Remarriage of receiving spouse
• Cohabitation on the part of the receiving spouse

Alimony won't end automatically. The paying spouse must file a motion with the court.

Child Custody and Child Support

One of the most contentious issues you'll face during divorce is custody. Thankfully, most parties agree to share joint legal custody of their minor children. They also devise a parenting plan that allows the kids to spend time with both parents.

If you disagree on custody, the court will decide this for you. The Connecticut family courts presume that joint legal custody is best for children. They also want to learn which parent was the primary caretaker during the marriage. That party will get primary physical custody of the children.

As for child support, the court uses the Connecticut child support guidelines to determine how much the non-custodial must pay. You can agree to an amount in your settlement. But, the Connecticut courts will ensure that your custody agreement and child support are in the best interests of the child.

Division of Marital Property and Liabilities

Connecticut is an equitable distribution state. There is no guarantee that you and your spouse will walk away with 50% of your marital assets. Instead, the courts rely on equity and fairness when determining how the parties will share marital property.

Some of the types of property subject to equitable distribution include:

• Family home and other real estate
• Retirement accounts
• Pensions
• Bank accounts
• Personal property
• Investments, stocks, etc.
• Family pets

You and your spouse can negotiate the property division if you're lucky. If so, you can submit a copy of your settlement agreement to the family law judge for approval. If not, your case will go to trial, and the judge will decide on these legal issues.

Getting Divorced in Connecticut? Consider Getting Legal Help

Getting divorced can be stressful. Even if you and your spouse get along, divorce can quickly become contentious. One way to avoid this is to hire a Connecticut divorce lawyer to handle things for you.

Your divorce attorney is familiar with Connecticut's divorce laws. They also know how to navigate the family courts in Connecticut. They'll work hard to negotiate a fair settlement agreement that protects your interests.

Research the Law

• Connecticut Statutes
• Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.

Connecticut Divorce Laws: Related Resources

• Connecticut Child Custody Laws
• Connecticut Child Support Guidelines
• Connecticut Marital Property Laws
• Eligibility for Summary Divorce
• Sample Form: Property Settlement Agreement