Connecticut recognizes both no-fault and fault-based grounds for divorce. The no-fault ground is that the marriage has broken down irretrievably with no prospect of reconciliation. Fault-based grounds include adultery, fraudulent contract of marriage, willful desertion for one year with total neglect of duty, seven years of absence without being heard from, habitual intemperance (substance abuse), intolerable cruelty, conviction of an infamous crime involving a sentence of imprisonment, and confinement for mental illness for five cumulative years.
Divorce proceedings begin by filing a Complaint or Cross-Complaint for Dissolution of Marriage at the Superior Court in the judicial district where either spouse resides. The filing fee is $350. The complaint must be served on the other spouse by a state marshal or other authorized process server. Connecticut also offers a simplified process called a non-adversarial divorce (joint petition) for couples married nine years or less with no children who agree on all terms. An automatic court order takes effect upon service, restricting both parties from selling assets or changing insurance policies.
At least one spouse must have been a resident of Connecticut for at least 12 months before the divorce judgment is entered. You may file the divorce before completing 12 months of residency, but the court cannot finalize the divorce until this requirement is met. Exceptions exist if the marriage took place in Connecticut and one spouse has lived there continuously since, or if the cause for divorce arose after either spouse moved to Connecticut.
Connecticut is an equitable distribution state with an "all property" approach, meaning the court has the authority to divide all of each spouse's assets—including property acquired before the marriage, inherited property, and gifts—regardless of when or how it was obtained. This is broader than most equitable distribution states, which typically only divide marital property. Under Connecticut General Statutes §46b-81, the court assigns property based on what is fair and equitable under the circumstances.
Connecticut courts consider the length of the marriage, the causes for the dissolution, the age, health, station, occupation, income, vocational skills, employability, estate, liabilities, and needs of each party, the contribution of each spouse to the acquisition, preservation, or appreciation of the marital estate (including services as a homemaker), and the opportunity of each party for future acquisition of capital assets and income. The court may also consider each party's contribution to the education, training, or increased earning power of the other spouse.
Connecticut courts determine custody based on the best interests of the child, as outlined in Connecticut General Statutes §46b-56. The court may award joint legal custody, joint physical custody, sole custody, or any combination that serves the child's welfare. Connecticut does not automatically presume that joint custody is in the child's best interest, nor does the state favor one parent over the other based on gender.
Legal custody grants the authority to make major decisions about the child's upbringing, including education, religion, and health care. Physical custody determines the child's primary residence and daily care arrangement. Connecticut courts frequently award joint legal custody while designating one parent as the primary physical custodian, with the other parent receiving a structured parenting schedule.
Courts evaluate the temperament and developmental needs of the child, the capacity of each parent to understand and meet the child's needs, the child's preference if the child is of sufficient age and maturity, the child's cultural background, each parent's willingness to encourage a relationship with the other parent, any history of family violence or substance abuse, the stability of each parent's home environment, and the length of time the child has lived in a stable and satisfactory environment. The court may also order evaluations by family relations counselors to assist in its determination.
Connecticut requires a 90-day waiting period after the return date of service for most divorce cases. An uncontested divorce typically takes three to five months to finalize. A non-adversarial joint petition can be resolved in as little as 30 days if specific criteria are met. Contested cases can take one to two years or longer depending on the issues involved and court schedules.
Unlike most states that only divide property acquired during the marriage, Connecticut courts have the power to divide all property owned by either spouse, including premarital assets, inheritions, and gifts. The court considers the totality of the circumstances and what would be fair, which gives judges broad discretion in crafting property settlements.
No. Connecticut allows no-fault divorce based on irretrievable breakdown of the marriage. You do not need to prove wrongdoing by either spouse. However, fault grounds remain available and the causes of the marriage breakdown may be considered as one of many factors in property division and alimony decisions.
A non-adversarial divorce is a streamlined process available to couples who have been married nine years or less, have no minor children, and agree on all terms of the divorce. Both spouses file a joint petition and may finalize the divorce in as little as 30 days. This process is significantly faster and less expensive than a traditional contested or even uncontested divorce.