Do I need to prove fault to get a divorce in Connecticut?

No. Connecticut allows no-fault divorce based on the irretrievable breakdown of the marriage, which is the most commonly used ground. You do not need to prove your spouse did anything wrong. However, fault-based grounds such as adultery, cruelty, or desertion are also available if applicable.

How much does it cost to file for divorce in Connecticut?

The court filing fee for a divorce in Connecticut is approximately $350–$360 as of February 2026. Additional costs may include attorney fees, mediator fees, and service of process fees. If you cannot afford the filing fee, you may apply for a fee waiver through the court.

How long does a divorce take in Connecticut?

There is a mandatory 90-day waiting period from the Return Date before a divorce can be finalized. Uncontested divorces may be completed in three to four months, while contested cases can take six months to two years or longer depending on the issues involved.

How is property divided in a Connecticut divorce?

Connecticut follows equitable distribution principles under Conn. Gen. Stat. §46b-81, meaning property is divided fairly but not necessarily equally. Connecticut uses an all-property approach, so the court can consider all assets owned by either spouse, including premarital property, inheritances, and gifts.

How is child custody determined in Connecticut?

Connecticut courts determine child custody based on the best interests of the child standard under Conn. Gen. Stat. §46b-56. The court considers factors such as each parent's ability to meet the child's needs, the child's wishes, the stability of each home, and any history of domestic violence.

Can I get alimony in a Connecticut divorce?

Yes. Either spouse may be awarded alimony under Conn. Gen. Stat. §46b-82. The court considers factors including the length of the marriage, each spouse's income and earning capacity, the standard of living during the marriage, and the contributions each spouse made. Alimony can be temporary, rehabilitative, permanent, or lump-sum.

What is the shortened waiting period for divorce in Connecticut?

Connecticut offers a reduced 30-day waiting period for non-adversarial joint petitions filed by couples who have no minor children and whose marriage lasted nine years or fewer. In all other cases, the standard 90-day waiting period from the Return Date applies.

Divorce in Connecticut: A Complete Guide

Q: How long do you have to live in Connecticut to file for divorce?

Under Conn. Gen. Stat. §46b-44, at least one spouse must have been a resident of Connecticut for at least 12 months before the final divorce decree is entered. This residency requirement can be met either at the time of filing or by the date the judgment is granted.

Introduction

Filing for divorce is one of the most significant legal decisions a person can make, and understanding the laws specific to your state is the first step toward navigating the process with confidence. Connecticut has its own set of statutes governing everything from the grounds you can cite for divorce to how property is divided, how child custody is determined, and how spousal support is awarded.

This guide provides a comprehensive overview of divorce in Connecticut, walking you through the key legal requirements, processes, and considerations. Whether you are contemplating a divorce, have already been served with papers, or simply want to understand your rights, this resource will help you make informed decisions.

Note: This guide is current as of early 2026 and reflects Connecticut law at the time of writing. Laws and court fees can change, so always verify details with your local Superior Court clerk or a qualified Connecticut family law attorney.

Grounds for Divorce in Connecticut

Connecticut allows both no-fault and fault-based grounds for divorce under Conn. Gen. Stat. §46b-40(c). Understanding the difference is important because the grounds you choose can influence the tone, complexity, and duration of your case.

No-Fault Divorce

The most commonly used ground for divorce in Connecticut is the irretrievable breakdown of the marriage. This no-fault ground simply means that the marital relationship has broken down beyond repair and there is no reasonable prospect of reconciliation. Neither spouse needs to prove that the other did something wrong. This approach is generally faster, less contentious, and less expensive than pursuing fault-based grounds.

A no-fault divorce can be filed unilaterally by one spouse or jointly by both spouses. If both parties agree that the marriage is irretrievably broken, the court will typically accept their representation without extensive inquiry.

Fault-Based Divorce

Connecticut also recognizes several fault-based grounds for divorce, including but not limited to:

Adultery
Fraudulent contract (misrepresentation at the time of marriage)
Willful desertion for one year with total neglect of duty
Habitual intemperance (substance abuse)
Intolerable cruelty
Sentence to imprisonment for an infamous crime involving a violation of conjugal duty
Confinement for mental illness for a cumulative period of at least five years within the six years preceding the divorce complaint

Pursuing fault-based grounds requires the filing spouse to prove the alleged misconduct, which can increase litigation costs and emotional stress. However, in some cases, establishing fault may be relevant to decisions about property division or spousal support.

Residency Requirements

Before a Connecticut court can grant a divorce, specific residency requirements must be met. 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 final divorce decree is entered.

There are a few important nuances to be aware of:

The residency requirement can be satisfied at the time the divorce action is filed or by the time judgment is entered.
If the grounds for divorce arose after one spouse moved to Connecticut, that spouse may still file as long as the 12-month residency requirement is met by the time of the final hearing.
Domicile means more than just physical presence — it requires the intent to make Connecticut your permanent home.

If neither spouse meets the residency requirement, the Connecticut Superior Court will not have jurisdiction over the matter, and you will need to file in a state where you or your spouse qualifies.

Property Division

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, between the spouses. The court has broad discretion to determine what constitutes a fair division based on the circumstances of each case.

What the Court Considers

Connecticut is notable because the court can consider all property owned by either spouse, regardless of when or how it was acquired — including property brought into the marriage, inheritances, and gifts. This is sometimes referred to as the "all-property" approach. Factors the court weighs include:

The length of the marriage
The causes for the dissolution of the marriage
The age, health, station, occupation, and employability of each spouse
Each spouse's sources of income and earning capacity
The contribution of each spouse to the acquisition, preservation, or appreciation of assets (including homemaking contributions)
The needs and opportunities of each party for future acquisition of capital assets and income

Marital Home and Retirement Accounts

High-value assets like the marital home, retirement accounts (401(k)s, pensions, IRAs), and business interests often require careful valuation and sometimes the involvement of financial experts. The court may order the sale of the marital home and division of proceeds, award the home to one spouse with an offset to the other, or defer the sale until a later date (for example, until the youngest child reaches a certain age).

Child Custody and Parenting Plans

If the divorcing couple has minor children, child custody will be one of the most critical issues in the case. Connecticut courts make custody determinations based on the best interests of the child standard, as outlined in Conn. Gen. Stat. §46b-56.

Types of Custody

Legal custody refers to the right and responsibility to make major decisions about a child's life, including education, healthcare, and religious upbringing. Legal custody can be sole (one parent) or joint (shared).
Physical custody refers to where the child lives on a day-to-day basis. Physical custody can also be sole or shared, and the court will establish a parenting plan or visitation schedule.

Factors the Court Considers

When determining custody, the court evaluates a range of factors, including:

The temperament and developmental needs of the child
Each parent's ability to meet the child's needs
The child's wishes (if the child is of sufficient age and maturity)
The stability of each parent's home environment
Each parent's willingness to encourage a healthy relationship between the child and the other parent
Any history of domestic violence or substance abuse

Connecticut courts strongly encourage parents to reach a mutually agreeable parenting plan. If parents cannot agree, the court may appoint a Guardian ad Litem (GAL) or order a custody evaluation to assist in its decision.

Child Support

Child support in Connecticut is determined using the Connecticut Child Support Guidelines, which take into account both parents' net incomes, the number of children, childcare costs, and health insurance expenses. The guidelines produce a presumptive support amount, though the court can deviate from the guidelines if circumstances warrant it.

Spousal Support (Alimony)

Spousal support, commonly known as alimony, may be awarded to either spouse during or after a divorce proceeding. Under Conn. Gen. Stat. §46b-82, the court considers a variety of factors when deciding whether to award alimony and in what amount, including:

The length of the marriage
The causes of the dissolution
Each spouse's age, health, and earning capacity
The standard of living established during the marriage
Each spouse's income, assets, and debts
The contribution of each spouse (including homemaking and child-rearing)
The time and resources needed for the lower-earning spouse to obtain education or training

Types of Alimony

Alimony in Connecticut can be:

Temporary (pendente lite): Awarded during the divorce proceedings to maintain the status quo.
Rehabilitative: Awarded for a limited period to allow a spouse to become self-supporting through education or job training.
Permanent: Awarded in longer marriages where one spouse may not be able to become fully self-sufficient. Permanent alimony is modifiable and typically terminates upon the recipient's remarriage or cohabitation, or upon the death of either party.
Lump-sum: A one-time payment in lieu of periodic support.

Filing Process

Here is a general overview of the steps involved in filing for divorce in Connecticut:

Step 1: Prepare and File the Complaint

The filing spouse (the plaintiff) prepares a Complaint for Dissolution of Marriage and files it with the Superior Court in the judicial district where either spouse resides. If both spouses agree on all terms, they may file a Joint Petition for Dissolution, which can streamline the process considerably.

Step 2: Serve the Other Spouse

If the divorce is not filed jointly, the plaintiff must have the other spouse (the defendant) officially served with a copy of the complaint and summons. Service must comply with Connecticut rules, typically through a state marshal or other authorized process server.

Step 3: Automatic Court Orders

Upon the filing and service of a divorce complaint, automatic court orders go into effect under Conn. Practice Book §25-5. These orders generally prohibit both parties from selling or dissipating assets, changing insurance policies, or relocating children out of state without consent or court order.

Step 4: Financial Disclosures

Both parties are required to file sworn financial affidavits disclosing their income, expenses, assets, and liabilities. Full financial transparency is mandatory, and failure to disclose can have serious legal consequences.

Step 5: Negotiation, Mediation, or Trial

Many divorce cases settle through negotiation or mediation, which is a voluntary or court-ordered process in which a neutral mediator helps the parties reach agreements. If the parties cannot settle all issues, the case proceeds to trial, where a judge makes the final decisions.

Step 6: Final Hearing and Judgment

Once all issues are resolved — whether through agreement or trial — the court holds a final hearing. If the court is satisfied that the terms are fair and meet legal standards, it enters a Judgment of Dissolution, officially ending the marriage.

Timeline and Costs

Waiting Period

Connecticut imposes a mandatory 90-day waiting period from the Return Date (the date the case is officially on the court's docket) before the court can enter a final divorce decree. However, there is a shortened 30-day waiting period for non-adversarial joint petitions filed by couples who have no minor children and whose marriage has lasted nine years or fewer.

Filing Fee

The court filing fee for a divorce in Connecticut is approximately $350–$360 as of February 2026. Additional costs may include fees for service of process, attorney fees, mediator fees, appraisals, and other professional services. If you cannot afford the filing fee, you may apply for a fee waiver by filing an Application for Waiver of Fees with the court.

Total Timeline

Uncontested divorces where both parties agree on all terms can be finalized in as little as three to four months from filing. Contested divorces — especially those involving disputes over custody, complex property, or spousal support — can take six months to two years or more, depending on the complexity of the case and court scheduling.

Tips for a Smoother Divorce Process

Organize your finances early. Gather bank statements, tax returns, pay stubs, mortgage documents, retirement account statements, and other financial records before filing.
Consider mediation. Mediation is often faster, less expensive, and less adversarial than litigation. Connecticut courts frequently encourage it.
Put your children first. Courts look favorably on parents who demonstrate a willingness to cooperate and prioritize their children's well-being.
Consult an attorney. Even if your divorce is amicable, consulting with a qualified Connecticut family law attorney can help you understand your rights and avoid costly mistakes.

Legal Disclaimer

This guide is provided for informational purposes only and does not constitute legal advice. Divorce laws are complex and subject to change. The information in this guide reflects Connecticut law as of early 2026 and may not account for recent legislative amendments or court rulings. Every divorce case is unique, and the outcome of your case will depend on its specific facts and circumstances. You should consult with a qualified Connecticut family law attorney to obtain advice tailored to your individual situation. Neither the author nor the publisher of this guide assumes any liability for actions taken or not taken based on the information provided herein.