Complete Guide to Divorce in Connecticut (2026)

By Antonio G. Jimenez, Esq. | Florida Bar No. 21022 | Covering Connecticut Divorce Law

Divorce in Connecticut requires at least one spouse to have lived in the state for 12 months. The filing fee is approximately $350, and there is a mandatory 90-day waiting period. Connecticut is an equitable distribution state with a unique "all-property" approach, meaning the court can divide any asset owned by either spouse. Both no-fault and fault-based grounds are available under Conn. Gen. Stat. § 46b-40.

Overview of Divorce in Connecticut

Connecticut officially refers to divorce as "dissolution of marriage," and the entire process is governed by Chapter 815j of the Connecticut General Statutes (Conn. Gen. Stat. §§ 46b-40 through 46b-89). The state stands apart from most of its northeastern neighbors in several meaningful ways, most notably in its broad approach to property division and the significant discretion afforded to its judges.

If you are considering a divorce in Connecticut, understanding the legal framework before you file can save you time, money, and emotional energy. This guide walks you through every major aspect of the process, from the initial residency check to the final decree.

Residency Requirements

Before a Connecticut court can grant a divorce, jurisdictional prerequisites under Conn. Gen. Stat. § 46b-44 must be met. The residency rules provide three main paths to establishing jurisdiction:

• Either spouse has been a resident of Connecticut for at least 12 consecutive months before the divorce complaint is filed or before the date the divorce decree is finalized.
• Either spouse was domiciled in Connecticut at the time of the marriage and returned to Connecticut with the intent to live there permanently before filing.
• The grounds for the divorce arose after one or both spouses moved to Connecticut, although most judges will still require completion of the 12-month residency period in practice.

An important nuance is that you can file for divorce before completing 12 months of residency if you will meet the requirement by the time the divorce is finalized. Connecticut divorce proceedings typically take at least 90 days due to the mandatory waiting period, so if you have been a resident for approximately nine months at the time of filing, you may meet the threshold by the final judgment date.

Connecticut requires domicile, not mere physical presence. Domicile means actual residence in the state combined with the intention of making it your permanent home. Owning a vacation home in Connecticut, for example, does not establish domicile. Similarly, living in the state temporarily for work may be insufficient.

Active-duty military members who were Connecticut residents before entering the armed forces are considered Connecticut residents for the duration of their service.

Grounds for Divorce

Connecticut recognizes both no-fault and fault-based grounds for divorce under Conn. Gen. Stat. § 46b-40.

No-Fault Grounds

The two no-fault options are:

1. Irretrievable breakdown of the marriage: This is the most commonly cited ground in Connecticut divorces. Neither party must prove wrongdoing. The court simply needs to find that the marriage has broken down beyond repair.
2. Living apart due to incompatibility: The spouses have lived apart for a continuous period of at least 18 months immediately before the complaint was served, and there is no reasonable prospect of reconciliation.

Fault-Based Grounds

Connecticut also permits fault-based filings. The statutory fault grounds include:

• Adultery
• Fraudulent contract (fraud inducing the 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
• Sentence to imprisonment for life, or commission of any infamous crime involving a violation of conjugal duty and punishable by imprisonment for more than one year
• Confinement for mental illness for a cumulative period of five of the six years preceding the complaint

While fault grounds may seem appealing to a spouse who feels wronged, they carry significant risk. If you file on fault grounds and fail to prove your claim, the court cannot grant the divorce on those grounds, and you will remain married unless you amend your complaint. Additionally, fault-based divorces tend to be more contentious, time-consuming, and expensive.

It is worth noting that even in a no-fault divorce, the causes of the marital breakdown can affect alimony and property distribution. Courts have the discretion to consider conduct such as substance abuse, infidelity, or dissipation of assets when making financial orders.

Types of Divorce: Contested vs. Uncontested

Connecticut recognizes two broad categories of uncontested divorce and one contested path.

Non-Adversarial (Simplified) Divorce

For couples with very simple situations, Connecticut offers a streamlined process under Conn. Gen. Stat. § 46b-44a. To qualify, you and your spouse must attest that:

• The marriage is nine years or less in duration
• Neither party is pregnant
• You have no children together
• You do not own any real estate
• The total value of all your property is less than $80,000
• Neither party has a defined benefit pension plan
• There are no active restraining or protective orders between you

If you meet all conditions, you file a joint petition and may be able to get divorced in as little as 30 days, possibly without a court appearance.

Uncontested Divorce With Agreement

This option is for couples who agree on all issues but do not meet the strict simplified divorce criteria. Both spouses agree on property division, custody, child support, and alimony. The agreement is submitted to the court for approval, and a hearing is scheduled where the judge reviews and, if fair, approves the settlement.

Contested Divorce

In a contested divorce, the spouses cannot agree on one or more issues. The case enters a process that may include discovery, motion hearings, mediation, family relations evaluations, and ultimately trial if no settlement is reached.

Property Division: Connecticut's All-Property Equitable Distribution

This is one of the most distinctive aspects of divorce in Connecticut. While most equitable distribution states draw a sharp line between marital and separate property, Connecticut is an "all-property" state. Under Conn. Gen. Stat. § 46b-81, the court has broad authority to assign to either spouse all or any part of the estate of the other spouse.

This means everything is on the table, including assets owned before the marriage, gifts, inheritances, and property acquired during the marriage. There is no automatic presumption of a 50/50 split. Instead, the court aims for a distribution that is fair and equitable given the specific circumstances.

The 12 Statutory Factors

When deciding how to divide property, the court considers multiple factors under § 46b-81, including:

1. The length of the marriage
2. The causes for the dissolution
3. The age of the parties
4. The health of the parties
5. The station (lifestyle) of the parties
6. The occupation of the parties
7. The amount and sources of income of the parties
8. The earning capacity and vocational skills of the parties
9. The estate (total assets) of the parties
10. The needs of each party
11. The opportunity of each party for future acquisition of capital assets and income
12. The contribution of each party to the acquisition, preservation, or appreciation in value of their respective estates

No single factor takes precedence, and the judge has wide latitude to weigh each one according to the unique facts of the case. The court will also consider non-monetary contributions, such as the role of a homemaker or stay-at-home parent.

A critical point: property division orders under § 46b-81 are final and non-modifiable once the divorce decree is entered. Unlike alimony or child support, you generally cannot go back to court to change how property was divided.

Child Custody and Visitation

Connecticut courts make custody determinations based on the overarching standard of the "best interests of the child" under Conn. Gen. Stat. § 46b-56.

Types of Custody

Connecticut recognizes two forms of custody:

• Legal custody: The authority to make major decisions about the child's health, education, and religious upbringing.
• Physical custody: Where the child primarily resides and who provides day-to-day care.

Custody can be joint (shared by both parents) or sole (awarded to one parent). Under Conn. Gen. Stat. § 46b-56a, there is a presumption that joint custody is in the best interests of the child when both parents agree to it.

The 17 Best-Interest Factors

Under the most current version of § 46b-56(c), the court may consider 17 factors when determining custody arrangements, 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 informed preferences of the child
• The wishes of the parents regarding custody
• The past and current relationship of the child with each parent
• The willingness of each parent to facilitate the other parent's relationship with the child
• Any history of manipulation by either parent
• The stability of the child's current environment
• Whether either parent satisfactorily completed the mandatory parenting education program under § 46b-69b

The court is not required to assign a particular weight to any factor, but it must articulate the basis for its decision.

Parental Responsibility Plan

In contested custody cases, both parents must file a proposed parental responsibility plan with the court under § 46b-56a(d). This plan must include a residential schedule, provisions for major decision-making, a dispute resolution mechanism, and a plan for addressing the child's changing needs over time.

Child Support Guidelines

Both parents have an obligation to support their minor children under Conn. Gen. Stat. § 46b-84. Connecticut uses the "income shares" model for calculating child support, governed by the Connecticut Child Support and Arrearage Guidelines issued under Conn. Gen. Stat. § 46b-215a.

The guidelines consider:

• Each parent's net income
• The number of children
• Health insurance and childcare costs
• The parenting time schedule

The guidelines create a rebuttable presumption of the correct support amount. A deviation of less than 15% from the guidelines is presumed insubstantial, while a deviation of more than 15% is presumed substantial. Either parent may request a modification of child support based on a substantial change in circumstances under § 46b-86.

If you have children, both parents are required to attend a parenting education program under § 46b-69b. The cost is approximately $125 to $150 per person.

Spousal Support (Alimony)

Alimony in Connecticut is governed by Conn. Gen. Stat. § 46b-82 and may be ordered at the time of the divorce decree in addition to, or in lieu of, a property division under § 46b-81. Connecticut recognizes three types of alimony:

1. Temporary (pendente lite) alimony: Financial support ordered during the divorce proceedings to help one spouse meet living expenses until the final judgment.
2. Rehabilitative alimony: Awarded for a limited period to help the receiving spouse obtain education, training, or employment to become self-sufficient.
3. Permanent alimony: Awarded for an indefinite period, typically terminating upon the death of either party, the remarriage of the recipient, or a significant change in circumstances.

Factors the Court Considers

In determining whether to award alimony, and its amount and duration, the court considers factors including:

• The length of the marriage
• The causes for the dissolution
• The age, health, station, occupation, and income of each party
• The earning capacity and vocational skills of each party
• The needs of each party
• The property division award under § 46b-81
• Whether the custodial parent should work or remain home with children

Alimony can be modified after the divorce if there is a substantial change in circumstances, unless the divorce agreement specifically designates certain terms as non-modifiable. Cohabitation by the recipient may also serve as grounds for modification or termination under § 46b-86.

One spouse can request that the other contribute to attorney fees during the divorce through a Motion for Allowance of Counsel Fees, particularly where there is a significant income disparity.

The Filing and Court Process: Step by Step

Here is a general roadmap for the divorce process in Connecticut:

Step 1: Prepare Your Paperwork

The essential forms include:

• Divorce Complaint (Form JD-FM-159)
• Summons (Form JD-FM-3)
• Notice of Automatic Court Orders (Form JD-FM-158)
• Affidavit Concerning Children (Form JD-FM-164), if applicable

All forms are available from the Connecticut Judicial Branch website at jud.ct.gov.

Step 2: File With the Superior Court

File your completed paperwork at the Superior Court clerk's office in the judicial district where you or your spouse resides. Pay the filing fee at this time.

Step 3: Serve Your Spouse

Your spouse must be formally served with the divorce papers. The standard method is to hire a Connecticut State Marshal. If your divorce is amicable, your spouse can sign a Waiver of Service under § 46b-45(b). Service costs generally range from $50 to $100.

Step 4: Automatic Court Orders Take Effect

Upon filing and service, automatic court orders under Connecticut Practice Book § 25-5 go into effect for both parties. These orders maintain the status quo by prohibiting either party from selling assets, changing insurance beneficiaries, hiding property, incurring unusual debts, or removing children from the state without agreement or court order.

Step 5: Financial Disclosure

Both parties must file financial affidavits disclosing all income, expenses, assets, and liabilities. This is a mandatory and critical step.

Step 6: Resolution Plan Date (RPD)

The RPD is typically your first court date. You and your spouse meet privately with a Family Relations Counselor. The RPD functions as a triage for your case: the counselor identifies areas of agreement and disagreement, assesses the likelihood of settlement, and helps the court determine next steps.

Step 7: Discovery (if needed)

In contested cases, parties exchange financial documents, bank statements, tax returns, and other relevant information through the formal discovery process.

Step 8: Negotiation, Mediation, or Trial

The vast majority of Connecticut divorces are resolved through negotiation or mediation rather than trial. If the parties reach an agreement, it is drafted, reviewed, and submitted to the court for approval. If settlement fails, the case proceeds to a contested trial where a judge decides all outstanding issues.

Step 9: Final Judgment

Once terms are agreed upon or the judge renders a decision after trial, the divorce decree is entered. The 90-day waiting period under § 46b-67 must have elapsed from the return date before the court can finalize the divorce.

Timeline: From Filing to Final Decree

Connecticut has a mandatory 90-day waiting period before a divorce can be finalized, measured from the return date on the summons.

• Simplified (non-adversarial) divorce: Can be finalized in as few as 30 to 35 days for couples who meet the strict eligibility criteria.
• Uncontested divorce with agreement: Typically 3 to 6 months from filing to final decree.
• Contested divorce: Can range from 6 months to 2 or more years, depending on the complexity of issues, the level of conflict, and court scheduling.

Cost Breakdown

The cost of divorce in Connecticut varies dramatically based on the complexity and contentiousness of the case.

Fixed Court Costs

• Filing fee: Approximately $350 (As of February 2026. Verify with your local clerk.)
• Service of process: $50 to $100
• Parenting education program (if children): Approximately $125 to $150 per person
• Certified copies of the decree: $25 to $35

Fee waivers are available for low-income filers. If your household income is below 125% of the federal poverty level, you can request a fee waiver using Form JD-FM-75.

Attorney Costs

• Attorney hourly rates: Generally $300 to $750 per hour depending on the attorney's experience and geographic location. Fairfield and New Haven County rates tend to be higher than rural areas.
• Uncontested divorce with attorney: Approximately $1,500 to $5,000
• Contested divorce: Approximately $15,000 to $50,000 or more
• High-net-worth contested divorce: Can exceed $75,000 to $150,000 per spouse

Additional Potential Costs

• Mediation fees
• Custody evaluation fees
• Forensic accountants or business appraisers
• Real estate appraisals
• Guardian ad litem fees

Budget an additional $3,000 to $15,000 beyond primary expenses for a moderate case involving these additional services.

What Makes Divorce in Connecticut Unique

Several features distinguish Connecticut from other states:

All-Property Equitable Distribution

Unlike most equitable distribution states that protect separate property, Connecticut is an "all-property" state. Everything either spouse owns, whether acquired before, during, or after the marriage (including gifts and inheritances), is potentially subject to division. This gives judges extraordinary discretion but also creates significant uncertainty for parties with substantial pre-marital or inherited wealth.

Automatic Court Orders

Connecticut is one of the states that impose automatic restraining-type orders upon the filing of a divorce. These orders under Practice Book § 25-5 take effect immediately for the filing party and upon service for the other party, providing an important safeguard against asset dissipation.

Resolution Plan Date Process

The RPD system is a hallmark of Connecticut's family court process. Rather than simply scheduling a series of hearings, the court uses the RPD as an early intervention point to assess the case and tailor the remaining process to its specific needs.

No Formal Alimony Formula

Unlike some states that use formulaic calculations for spousal support, Connecticut leaves alimony determinations entirely to the discretion of the court based on the statutory factors in § 46b-82. This creates flexibility but also unpredictability.

College Expenses

Connecticut courts have the authority to order parents to contribute to college expenses for their children, a feature not universally available in other states.

Abolition of Recrimination and Condonation

Under Conn. Gen. Stat. § 46b-52, the common-law defenses of recrimination (arguing both spouses were at fault) and condonation (arguing the innocent spouse forgave the misconduct) have been abolished in Connecticut divorce proceedings.

Frequently Asked Questions

Please see the FAQ section below for detailed answers to the most common questions about divorce in Connecticut.