Divorce Laws in Connecticut: Complete 2026 Guide

Connecticut allows both no-fault and fault-based grounds for divorce under Conn. Gen. Stat. §46b-40(c). The most commonly used ground is the no-fault ground of 'irretrievable breakdown of the marriage,' which requires no evidence of wrongdoing by either party. This ground simply requires one spouse to testify that the marriage has broken down with no reasonable prospect of reconciliation. A second no-fault ground exists where the parties have lived apart by reason of incompatibility for a continuous period of at least 18 months immediately prior to service of the complaint, with no reasonable prospect of reconciliation. Fault-based grounds are available under Conn. Gen. Stat. §46b-40(c) and include: (1) adultery; (2) fraudulent contract; (3) willful desertion for one year with total neglect of duty; (4) seven years' absence during which the absent spouse has not been heard from; (5) habitual intemperance (substance abuse); (6) intolerable cruelty; (7) sentence to imprisonment for life or commission of an infamous crime involving violation of conjugal duty punishable by imprisonment exceeding one year; and (8) confinement for psychiatric disability for at least five years. While the vast majority of Connecticut divorces are filed on no-fault grounds of irretrievable breakdown — because it requires only minimal proof and avoids the time and expense of proving misconduct — fault-based grounds may still have strategic value. Although fault is not a statutory factor for property division under §46b-81, it is a factor that can influence alimony awards under §46b-82. Courts have found that misconduct such as adultery, substance abuse, or dissipation of assets can result in a more favorable alimony outcome for the non-offending spouse. It is also worth noting that you can plead more than one ground in your complaint, including both no-fault and fault-based grounds simultaneously. Connecticut law enacted its no-fault provision in 1973 through Public Act 73-373. Regardless of the ground chosen, the court retains broad discretion in crafting financial orders and custody arrangements.

Under Connecticut General Statutes §46b-44, at least one spouse must have been a resident (domiciliary) of Connecticut for at least 12 months before the divorce can be granted. Importantly, you may file for divorce before you have completed the full 12 months of residency, but the court will not issue a final decree until the 12-month requirement is met. This means if you have lived in the state for 9 months at the time of filing and your case takes at least 3 more months to resolve, you will meet the requirement by the time the judgment is entered. There are also alternative ways to satisfy the residency requirement. If either spouse was domiciled in Connecticut at the time of the marriage, left the state, and then returned with the intent to live permanently in Connecticut before filing, the 12-month requirement may not apply. Additionally, if the grounds for divorce occurred after one or both spouses moved into Connecticut, the court may accept jurisdiction — although most judges still require completion of 12 months' residency in practice. Residency for divorce purposes requires 'domicile,' which means more than just physical presence. It requires actual residence plus the intention to permanently remain in the state. Owning a vacation home in Connecticut does not establish domicile, nor does living in Connecticut temporarily for work. Members of the armed forces who were Connecticut residents before entering the military are considered residents for the duration of their service. Connecticut does not have a county-specific residency requirement; you file in the judicial district where either spouse resides.

Connecticut is an equitable distribution state, governed by Conn. Gen. Stat. §46b-81. This means that marital property is divided fairly, but not necessarily equally, based on what the court determines is just under the specific circumstances of each case. A 50/50 split is possible but not presumed — the court may order a 60/40, 70/30, or other allocation depending on the facts. Notably, Connecticut is an 'all property' state, meaning that the court has the authority to divide all property owned by either spouse, regardless of when or how it was acquired, including property owned before the marriage, gifts, and inheritances. The court considers 12 statutory factors under §46b-81(c) when dividing property, including: the length of the marriage; the causes for the dissolution; the age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate, and needs of each party; the contribution of each spouse to the acquisition, preservation, or appreciation in value of their respective estates; and the opportunity of each party for future acquisition of capital assets and income. Unlike alimony, fault (the 'causes for the dissolution') is technically a statutory factor for property division under §46b-81(c), but courts have broad discretion in how much weight to assign it. In practice, egregious financial misconduct — such as dissipation of marital assets — is more likely to influence the property division than marital infidelity alone. Property division orders under §46b-81 are final and non-modifiable once entered, unlike alimony orders, which may be modified based on changed circumstances. Both spouses are required to file detailed financial affidavits disclosing all income, expenses, assets, and liabilities, which form the foundation for the court's property division analysis.

Alimony (spousal support) in Connecticut is governed by Conn. Gen. Stat. §46b-82. The court has broad discretion to award alimony to either spouse, in addition to or in lieu of a property distribution under §46b-81. There is no formula or calculator for alimony in Connecticut — the decision to award alimony, and in what amount and duration, is based on a judicial evaluation of multiple statutory factors. Under §46b-82(a), the court must consider the following factors when determining whether to award alimony: the length of the marriage; the causes for the dissolution (fault); the age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate, and needs of each party; any property division award made under §46b-81; and, in the case of a custodial parent, the desirability and feasibility of securing employment. Connecticut recognizes three types of alimony: (1) temporary alimony (pendente lite), which is awarded during the pendency of the divorce proceedings and terminates when the final decree is issued; (2) rehabilitative alimony, which is awarded for a limited period to allow the recipient spouse to obtain education, training, or employment to become self-sufficient; and (3) permanent alimony, which continues indefinitely until either party dies, the recipient remarries, or circumstances substantially change. If the court enters an order of permanent alimony that terminates only upon death or remarriage of the recipient, it must articulate with specificity the basis for such an open-ended award under §46b-82(b). Alimony orders may be modified upon a showing of a substantial change in circumstances (§46b-86), and alimony may be suspended, reduced, or terminated if the recipient is living with another person under circumstances that alter their financial needs. The court may also require the paying spouse to obtain life insurance to secure future alimony payments. Fault, specifically the 'causes for the dissolution,' is a direct and explicit factor in alimony determinations — a spouse whose misconduct caused the breakdown of the marriage may receive less alimony or be required to pay more.

Child custody in Connecticut is governed by Conn. Gen. Stat. §46b-56, which provides that the court shall consider the best interests of the child as the paramount standard in making or modifying any custody or visitation order. Connecticut distinguishes between legal custody (the right to make major decisions regarding a child's health, education, and religious upbringing) and physical custody (where the child lives on a day-to-day basis). The court may award joint legal custody, joint physical custody, sole custody to one parent, or any other arrangement it deems in the child's best interests. Under §46b-56(c), the court may consider up to 17 specific factors when determining what arrangement serves the child's best interests, including: the physical and emotional safety of the child; the temperament and developmental needs of the child; the capacity of each parent to understand and meet the child's needs; the child's informed preferences; the wishes of the parents; the past and current relationship between the child and each parent; the willingness of each parent to facilitate the other parent's relationship with the child; any manipulation or coercive behavior by a parent; the child's adjustment to home, school, and community; the stability of existing or proposed residences; and the mental and physical health of all individuals involved. Connecticut law encourages parents to develop a Parental Responsibility Plan under §46b-56a, which outlines residential arrangements, decision-making authority, and a process for resolving future disputes. If parents cannot agree, the court may refer them to a Family Relations Counselor for mediation under §46b-53a. In contested cases, the court may appoint a guardian ad litem or attorney for the minor child to investigate and make recommendations. Both parents with minor children are required to complete a Parenting Education Program (§46b-69b) after the divorce action is commenced. There is a statutory presumption that it is in the best interest of a child to be in the custody of a parent rather than a non-parent (§46b-56b).

To file for divorce in Connecticut, you begin by completing the required forms, which are available from the Connecticut Judicial Branch website or the clerk's office. The essential forms include the Divorce Complaint (Form JD-FM-159), which details your marriage, residency, and grounds for divorce; the Summons (Form JD-FM-3), which notifies your spouse of the legal action; and a Case Management Agreement. You must also prepare a Financial Affidavit disclosing your income, expenses, assets, and liabilities. The complaint is filed with the Superior Court in the judicial district where either spouse resides. After filing, you must pay the court filing fee, which is approximately $350–$360. If you cannot afford the filing fee, you may request a waiver using the Application for Waiver of Fees (Form JD-FM-75) if your household income is below 125% of the federal poverty level. You must then arrange for service of process — delivering the Summons and Complaint to your spouse. This is typically done by a state marshal at a cost of approximately $50–$100, though your spouse can also sign an Acceptance of Service form to waive formal service. Once the papers are served, the court clerk will assign a Return Date, which marks the official start of the 90-day waiting period. Both parties must file appearances with the court. If there are minor children, both parents are required to attend a Parenting Education Program at a cost of approximately $125–$150 per person. The parties will then proceed with discovery, negotiation, mediation, or trial as needed to resolve issues of property division, alimony, child custody, and child support. If the divorce is uncontested, the parties submit a written separation agreement to the court for approval. If contested, the case will eventually proceed to a hearing or trial before a judge. All divorce cases in Connecticut are handled by the Superior Court, which is the state's single trial-level court of general jurisdiction. Connecticut does not have separate county courts or family courts — instead, family relations matters, including divorce (dissolution of marriage), legal separation, annulment, custody, support, and related issues, are heard within the Family Division of the Superior Court. Under Conn. Gen. Stat. §46b-1, the Superior Court has exclusive jurisdiction over all family relations matters. Connecticut's judicial system is organized into judicial districts rather than counties for purposes of civil and family matters. You file your divorce complaint in the judicial district where either you or your spouse resides. Major judicial districts include Hartford, New Haven, Fairfield (which includes Bridgeport and Stamford), Litchfield, Middlesex, New London, Tolland, and Windham. Each judicial district has a courthouse that handles dissolution of marriage proceedings. Appeals from Superior Court divorce judgments go to the Connecticut Appellate Court, and from there, cases may be further appealed to the Connecticut Supreme Court. The Family Division of the Superior Court also utilizes Family Relations Counselors and Family Support Magistrates who assist with mediation, custody evaluations, and child support enforcement matters. Connecticut's court system provides Court Service Centers at many locations, where self-represented litigants can obtain general information, forms, and referrals to legal services.

Connecticut imposes a mandatory waiting period before a divorce can be finalized. For a standard divorce, there is a minimum 90-day waiting period before a hearing can be held and a final divorce decree can be issued (Conn. Gen. Stat. §46b-67). The 90-day period begins running from the 'Return Date,' which is assigned by the court clerk when the initial divorce papers are filed. This Return Date is typically set on a Tuesday at least 12 days after the papers are served on the other spouse. There is an exception for certain simplified 'non-adversarial' divorce cases. If both spouses agree to file a joint petition for non-adversarial dissolution, the divorce may be finalized after just 30 days from the date both parties signed the joint petition. However, this expedited track has several restrictions: the marriage must have lasted nine years or less, there must be no minor children, and the parties must have reached a complete agreement on all issues. In limited circumstances, the 90-day waiting period may be waived. If the defendant spouse has not entered an 'Appearance' in the case and there is a written settlement agreement in place, the plaintiff may file a motion requesting that the court waive the waiting period. However, granting such a waiver is at the court's discretion. In practice, most uncontested divorces in Connecticut are finalized within approximately 4 to 6 months, while contested divorces can take a year or more depending on the complexity of the issues involved.