Divorce in Connecticut

Overview of Divorce in Connecticut

Connecticut grants divorces under the provisions of the Connecticut General Statutes (CGS) Title 46b. The state recognizes both no-fault and fault-based grounds for dissolution of marriage, giving petitioners flexibility in how they proceed. Connecticut courts apply equitable distribution principles when dividing marital property, meaning that assets are divided fairly but not necessarily equally.

For a broader understanding of the divorce process, see our complete guide to divorce.

Residency Requirements

Under CGS Section 46b-44, at least one spouse must have been a resident of Connecticut for at least 12 months before the court can grant the divorce. There is an alternative basis: if one spouse was domiciled in Connecticut at the time of the marriage and returned to the state with the intention of permanently residing before filing, the residency requirement is also met. The divorce action is filed in the Superior Court for the judicial district where one of the spouses resides.

Grounds for Divorce

Connecticut offers both no-fault and fault-based grounds under CGS Section 46b-40.

No-fault grounds include irretrievable breakdown of the marriage, incompatibility, and living apart for 18 continuous months with no reasonable prospect of reconciliation. Irretrievable breakdown is by far the most commonly cited ground.

Fault-based grounds include adultery, fraudulent contract, willful desertion for one year with total neglect of duty, seven years’ absence without being heard from, habitual intemperance (substance abuse), intolerable cruelty, sentence to imprisonment for life, and conviction of an infamous crime involving a violation of conjugal duty punishable by imprisonment for more than one year.

While fault grounds are available, courts in Connecticut may consider the cause of the marriage’s breakdown when determining alimony and property division, which is one reason some petitioners still choose to allege fault.

Filing Fees and Costs

The filing fee for a divorce in Connecticut is approximately $360, which includes the court entry fee and service of process costs. Additional expenses may include fees for required parenting education programs (in cases involving minor children), copies of certified court documents, and attorney fees. Fee waivers are available for individuals who meet income eligibility requirements.

Waiting Period

Connecticut imposes a 90-day waiting period measured from the return date of the complaint. The return date is the date specified in the summons by which the defendant must file an appearance. In uncontested cases, the divorce may be finalized shortly after the 90-day period has elapsed. Contested cases will take longer, depending on the complexity of the issues.

Property Division

Connecticut follows equitable distribution under CGS Section 46b-81. The court may assign to either spouse all or any part of the estate of the other spouse. Connecticut is notable for its broad discretion in property division: the court may consider both marital and separate property when making its determination. Factors include:

• The length of the marriage
• The causes for the dissolution
• The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, and needs of each party
• The opportunity of each party for future acquisition of capital assets and income
• The contribution of each party in the acquisition, preservation, or appreciation of assets

This broad judicial discretion means that separate property brought into the marriage may still be subject to division in Connecticut, unlike in many other states.

Alimony

Connecticut courts may award alimony under CGS Section 46b-82. The court considers a range of factors, including the length of the marriage, the causes for dissolution, the age and health of each party, each party’s earning capacity and employability, and the property division award. Alimony may be temporary, rehabilitative (to allow a spouse time to become self-supporting), or permanent in longer marriages.

Connecticut also permits lump-sum alimony awards, where the entire obligation is paid as a single payment rather than in installments.

Custody and Parenting Plans

When minor children are involved, Connecticut courts determine custody based on the best interests of the child under CGS Section 46b-56. The court may award sole or joint legal custody, and sole or joint physical custody. Parents are required to attend a parenting education program, and mediation is mandated in contested custody disputes. For more on how custody works, see our guide to child custody laws explained.

The Divorce Process

The typical steps in a Connecticut divorce include:

1. Filing the complaint. One spouse files a complaint for dissolution of marriage in the Superior Court.
2. Service and return date. The complaint is served on the other spouse, and a return date is set.
3. 90-day waiting period. The court cannot enter a final judgment until at least 90 days after the return date.
4. Financial disclosures. Both parties exchange sworn financial affidavits.
5. Negotiation or mediation. The parties attempt to resolve issues, including property, alimony, and custody.
6. Final hearing. If an agreement is reached, it is presented to the court for approval. If not, the case proceeds to trial.

Uncontested divorces in Connecticut typically take 4 to 6 months, while contested cases may take one to three years.

When to Consult an Attorney

Connecticut’s broad judicial discretion in property division and alimony awards makes professional guidance particularly valuable. The court’s ability to consider separate property, fault, and a wide range of financial factors means that outcomes can vary significantly depending on the facts of each case.

Whether your divorce is straightforward or complex, consider scheduling a free consultation with a family law attorney to understand your rights and options.