How to File for a Connecticut Divorce

Connecticut is a no-fault divorce state, which means that simply claiming that the marriage is irretrievably broken can be enough to file. However, if marital misconduct contributed to the end of the marriage, couples do have the option to request a fault-based divorce.

Fault-based grounds for divorce in Connecticut include:

• Adultery
• At least a seven-year absence from the marriage with no communication
• Alcohol or drug addiction
• Fraudulent contract
• Imprisonment
• Intolerable cruelty
• Mental illness that has kept the spouse in an institution for a minimum of five years within the last six years; and/or
• Willful desertion for at least 12 months with a total neglect of duty

No-fault divorce is typically less expensive, requires less time in court, and allows the couple to maintain a civil relationship. When filing for a fault-based divorce in Connecticut, the petitioning spouse must be able to provide specific evidence that the other spouse’s misconduct caused the relationship to fail.

Is There a Waiting Period for Divorce in Connecticut?

In order to file for divorce, one spouse must have lived in Connecticut for the past 12 months. 
Connecticut courts impose a mandatory 90-day waiting period from the time of filing to the time you can officially be divorced.

During this period, the parties exchange financial documents such as pay stubs, bank account information, and retirement account statements, and file Pendente Lite motions. If you and your spouse agree on all issues, you may request to have the 90-day waiting period waived.

Is CT a 50/50 Divorce State?

Connecticut is not a simple 50/50 divorce. Instead, the judge uses state law, which allows the judge to split the property in a matter that they deem “fair.” It is significant to note that the term “property” is broad.

What Are Pendente Lite Motions?

Pendente Lite motions are motions filed before final judgment which petition the court to enter temporary orders during the pendency of the divorce process.

Examples of pendente lite motions include:

• temporary child support and alimony;
• exclusive possession of the marital home; and,
• orders for a temporary parenting plan.

Aggressively pursuing pendente lite orders up front can be crucial in establishing your rights from the outset of the case. Our divorce lawyers in New Haven, CT can help you with this process, from beginning to end.

Do You Need to Go to Court for a Divorce in Connecticut?

In Connecticut, the need to go to court for a divorce can vary based on the specific circumstances of the case. While court appearances are common in divorce proceedings, they might not always be required, especially if the divorce is uncontested.

For uncontested divorces, where both spouses agree on key issues such as property division, alimony, child custody, and support, it is possible to avoid a traditional courtroom trial. Instead, the couple can work together to draft a comprehensive settlement agreement outlining the terms of the divorce. This agreement is submitted to the court, and if the judge finds it fair and reasonable, they may grant the divorce without the need for a formal court appearance. However, a brief court hearing might still be necessary to finalize the divorce and ensure legal compliance.

For contested divorces, where disagreements exist, court appearances are more likely. The court will be involved in resolving the disputed matters, which could involve hearings, mediation sessions, and potentially a trial. Each party presents their case, and the judge makes decisions based on the evidence presented.

It's important to note that even in uncontested divorces, legal procedures must be followed, and certain court-related tasks, such as filing documents and attending a final hearing, may be necessary. Consulting with an experienced  divorce attorney in Connecticut is advisable to understand the specific requirements for your situation and to ensure that your rights and interests are protected throughout the divorce process, whether or not court appearances are involved. Give us a call at (203) 687-4050 or contact us online today.

What Are the Alternatives to Divorce in Connecticut?

In Connecticut, there are a few alternatives to divorce court. Couples may pursue arbitration or mediation if they wish to resolve things outside of court. If you want to pursue one of these alternate methods, then please contact our firm to find out which option is best for you.

We are able to provide mediation/arbitration services in addition to divorce representation. At the end of the day, it comes down to what is best for you and your family; we will help you navigate through whatever process is right for you.

Common Mistakes During Divorce in Connecticut

Divorce is an emotionally challenging process, and it's common for individuals to make mistakes that could have long-term consequences. Some of the most common mistakes include failing to fully understand the financial situation, allowing emotions to dictate decisions, and neglecting to consider the tax implications of asset division. For instance, not knowing the full extent of marital debts and assets can result in an inequitable settlement. Emotional decisions, such as using children as leverage or making hasty agreements, can lead to further complications and regrets.

Additionally, overlooking the importance of drafting a detailed and clear parenting plan can create ongoing conflicts post-divorce. Many people also fail to anticipate future needs, such as health insurance or retirement funds, leading to financial instability later on. Consulting with an experienced divorce attorney can help you avoid these pitfalls and ensure a more equitable and smooth transition through the process.

Contact Our Trusted Family Law Firm in Connecticut for Support

We are prepared to stand by your side throughout your divorce, no matter how long it may take. As a team committed to your best interests, you can have confidence in the representation we provide. Our attorneys serve both Hamden and New Haven, CT.