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Getting Divorced with No Children in Connecticut: 2026 Complete Guide

By Antonio G. Jimenez, Esq.Connecticut13 min read

At a Glance

Residency requirement:
Under Conn. Gen. Stat. §46b-44, at least one spouse must have been a Connecticut resident for a minimum of 12 months before the divorce can be finalized. You can file the divorce complaint before completing the 12-month period, but the court will not enter a final decree until the residency requirement is satisfied. There is no separate county-level residency requirement.
Filing fee:
$350–$360

As of July 2026. Reviewed every 3 months. Verify with your local clerk's office.

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A divorce without children in Connecticut is faster and cheaper than a divorce with minor children. The Superior Court filing fee is $360, at least one spouse must have 12 months of residency before the decree, and eligible childless couples can finalize in about 35 days through the nonadversarial track under Conn. Gen. Stat. § 46b-44a.

Getting divorced with no children in Connecticut removes the two most time-consuming parts of a family case: the parenting education program and the custody, visitation, and child support determinations. Instead, the process focuses almost entirely on dividing property, allocating debt, and deciding whether either spouse pays alimony. This guide explains the childless divorce process in Connecticut from residency to final decree, with verified filing fees, statute citations, and timelines for both the standard uncontested track and the expedited nonadversarial track. Connecticut is a common-law, no-fault, all-property equitable-distribution state, and a simple divorce with no children is where these features work most efficiently in your favor.

Key Facts: Divorce Without Children in Connecticut

FactDetail
Filing Fee$360 (Complaint for Dissolution, Form JD-FM-159)
Waiting Period90 days standard; ~35 days nonadversarial; waivable when fully agreed
Residency Requirement12 months before decree (§ 46b-44)
GroundsNo-fault: irretrievable breakdown (§ 46b-40)
Property Division TypeEquitable distribution, all-property (§ 46b-81)

As of March 2026. Verify all fees with your local Superior Court clerk or the Connecticut Judicial Branch (jud.ct.gov).

How Much Does a Divorce With No Children Cost in Connecticut?

The court filing fee for a divorce without children in Connecticut is $360, paid when you file the Complaint for Dissolution of Marriage. A pro se childless divorce typically costs $410 to $435 total: the $360 filing fee plus $50 to $75 for a state marshal to serve your spouse. Because there are no minor children, you skip the roughly $150 parenting education program required in cases with kids, which lowers your baseline cost.

Costs rise sharply once attorneys are involved. An uncontested divorce with no children handled by a lawyer typically costs $2,000 to $5,000 total, while a contested case can reach $15,000 to $25,000 per spouse. A no-kids divorce process tends to stay on the lower end of these ranges because there is no custody litigation, which is the single largest cost driver in most contested cases. If you cannot afford the fees, Connecticut offers a full waiver through Form JD-FM-75 (Application for Waiver of Fees). Courts grant waivers when income falls below 125% of the federal poverty level, the filer receives assistance such as SNAP, TFA/TANF, or Medicaid, or paying would cause substantial hardship. As of March 2026, confirm the current $360 figure with your local Superior Court clerk.

What Are the Residency Requirements for Divorce in Connecticut?

At least one spouse must have lived in Connecticut for 12 months before the court enters a final divorce decree, under Conn. Gen. Stat. § 46b-44. You may file the Complaint for Dissolution at any time after establishing residence, but the judge cannot finalize the divorce until the 12-month threshold is met. Only one spouse needs to satisfy this requirement, and there is no separate county residency rule.

Connecticut measures residency at the time of judgment, not filing, which lets recently relocated spouses begin the case while the clock runs. The statute recognizes two exceptions to the 12-month wait. First, if you were domiciled in Connecticut when you married and returned with intent to remain permanently, you qualify regardless of the 12-month count. Second, if the cause of the breakdown arose after either party moved to Connecticut, the requirement is satisfied. Residency for divorce purposes means domicile, which is your true, fixed, permanent home, not merely physical presence. Owning a vacation property or living in the state temporarily for work may not establish domicile. Courts examine whether you intend Connecticut to be your permanent home. Military personnel who were Connecticut residents when they entered service are treated as continuous residents under Conn. Gen. Stat. § 27-103. For a simple divorce no children case, the residency analysis is identical to any other dissolution.

What Are the Grounds for a No-Fault Divorce in Connecticut?

The most common ground for divorce in Connecticut is irretrievable breakdown, a no-fault ground used in roughly 95% of cases under Conn. Gen. Stat. § 46b-40(c)(1). No proof of wrongdoing is required. Either spouse simply testifies that the marriage cannot be repaired, and the court can grant the dissolution even if the other spouse disagrees or hopes for reconciliation.

Connecticut adopted no-fault divorce in 1973 through Public Act 73-373, and the Connecticut Supreme Court upheld its constitutionality in Joy v. Joy, 178 Conn. 254 (1979). Under § 46b-40, the statute lists six causes: (1) irretrievable breakdown; (2) living apart by reason of incompatibility for at least 18 continuous months; (3) adultery; (4) fraudulent contract; (5) willful desertion for one year with total neglect of duty; and (6) seven years' absence. Most childless divorces proceed on irretrievable breakdown because it avoids the cost and evidence burdens of proving fault. Fault still matters at one stage: Connecticut is among a minority of states where marital fault can raise or lower an alimony award under Conn. Gen. Stat. § 46b-82. For a divorce without children in Connecticut, choosing the no-fault ground keeps the case simple and focused on financial issues rather than blame.

What Is Connecticut's Nonadversarial Divorce Track for Childless Couples?

Connecticut's nonadversarial dissolution, created by Public Act 15-7 effective October 1, 2015, lets qualifying couples with no children finalize a divorce in about 35 days without a court hearing, under Conn. Gen. Stat. § 46b-44a. Having no minor children is a mandatory eligibility requirement, making this the fastest legal path for a simple divorce no children case. The court sets a disposition date at least 30 days after the joint petition is filed.

To use this streamlined track, couples must meet strict criteria at the time of filing: the marriage lasted no more than nine years; no children were born to or adopted by the parties and neither spouse is pregnant; neither spouse owns real property; combined assets fall under the statutory cap; neither has a defined-benefit pension; no bankruptcy is pending; and no restraining or protective order exists between the spouses. Note that sources report conflicting asset thresholds, commonly $35,000 or $80,000, so you must verify the current statutory figure with the court before filing. The process uses three forms: the Joint Petition (JD-FM-242), Financial Affidavits (JD-FM-6-SHORT), and the Agreement for Nonadversarial Divorce (JD-FM-243). Automatic Court Orders under Practice Book § 25-5B apply the moment you file. Either party may revoke the petition by filing a notice of revocation before the decree is entered under § 46b-44d. If a couple exceeds any threshold, they must use the standard uncontested or contested track instead.

How Long Does a Divorce With No Children Take in Connecticut?

A standard uncontested divorce with no children in Connecticut typically takes 4 to 6 months, while the nonadversarial track finalizes in about 35 days. The standard process includes a 90-day waiting period that begins on the return date, though recent reform through Public Act 23-46 lets fully agreed couples obtain judgment significantly faster under Conn. Gen. Stat. § 46b-67.

The timeline depends heavily on whether spouses agree. Removing children from the equation shortens the process because there is no 6-hour parenting education program, no custody evaluation, and no child support calculation to litigate. Under the standard track, contested cases with disputed property or alimony can still take 12 to 18 months, but a childless couple that agrees on dividing assets and debts can often waive the 90-day wait. To request a waiver, your spouse must not have entered an appearance and you must have a written settlement agreement; the motion can be filed at least 30 days after the return date. The nonadversarial track under § 46b-44c bypasses the 90-day wait entirely, setting a disposition date not less than 30 days after filing. On that date, if the agreement is fair and equitable and all requirements are met, the judge enters the final decree immediately or within five days, with no appearance required.

Comparison: Standard vs. Nonadversarial Divorce (No Children)

FeatureStandard UncontestedNonadversarial (§ 46b-44a)
Typical Timeline4 to 6 months~35 days
Waiting Period90 days (waivable)~30-35 days, no 90-day wait
Court HearingUsually brief appearanceNone required
Marriage Length LimitNone9 years or fewer
Real Property AllowedYesNo
Asset CapNoneStatutory cap (verify)
Pension RestrictionNoneNo defined-benefit pension
Filing Fee$360$360

As of March 2026. Verify eligibility figures with the Connecticut Judicial Branch before relying on them.

How Is Property Divided in a Connecticut Divorce Without Children?

Connecticut divides property through equitable distribution, meaning assets are split fairly but not necessarily 50/50, under Conn. Gen. Stat. § 46b-81. Typical divisions range from 40/60 to 60/40 based on 12 statutory factors. Connecticut is an all-property state, so courts can divide any asset either spouse owns, including pre-marital property, inheritances, and gifts, regardless of title or timing.

This all-property rule distinguishes Connecticut from most states and matters even in a no-dependents divorce with a short marriage. Under § 46b-81, the Superior Court may assign to either spouse all or any part of the estate of the other, weighing factors including the length of the marriage, each spouse's age, health, income, earning capacity, and contributions. Property division is final and cannot be modified after the decree, so a childless couple should treat the settlement agreement as permanent. Alimony is governed separately by Conn. Gen. Stat. § 46b-82, which lists factors a judge weighs, including marriage length, income, and marital fault. There is no alimony formula in Connecticut; the decision rests on judicial discretion. Because property division is final but alimony can be modified, many spouses in a childless divorce prefer a larger property share and reduced or no ongoing support. In a simple divorce with no children and modest assets, the two spouses often resolve division entirely through their written agreement, avoiding a contested trial.

What Forms and Steps Are Required to File?

To start a divorce without children in Connecticut, you file a Complaint for Dissolution of Marriage (Form JD-FM-159) with the Superior Court, pay the $360 fee, and have a state marshal serve your spouse for $50 to $75. The court assigns a return date that starts the 90-day waiting period in a standard case.

The filing sequence for a childless divorce is straightforward because no parenting documents are needed. First, complete the Summons (JD-FM-3), the Complaint (JD-FM-159), and the Notice of Automatic Court Orders (JD-FM-158). Second, a Connecticut state marshal serves the papers on your spouse before the return date, triggering the automatic orders that prohibit selling assets, incurring unreasonable debt, or changing insurance under Practice Book § 25-5. Third, file the served papers with the clerk. Fourth, both spouses complete and exchange sworn Financial Affidavits, which are mandatory in every dissolution. Fifth, negotiate and sign a written separation or settlement agreement dividing property and debt and addressing alimony. Finally, attend a short uncontested hearing or, if eligible, use the nonadversarial track for a no-appearance decree. Because there are no children, you skip the parenting education program entirely, which removes a common scheduling delay. If you and your spouse qualify for the nonadversarial process under § 46b-44a, you instead file the Joint Petition (JD-FM-242) and Agreement (JD-FM-243) together.

Frequently Asked Questions

Can I get divorced in Connecticut if I have no children?

Yes. A divorce without children in Connecticut follows the same statute, § 46b-40, but skips custody, child support, and the parenting education program. This makes it faster and cheaper, with a typical uncontested timeline of 4 to 6 months and a $360 filing fee.

How much is the filing fee for a childless divorce in Connecticut?

The Connecticut Superior Court filing fee is $360 for a Complaint for Dissolution of Marriage, unchanged since July 1, 2013. Add $50 to $75 for a state marshal to serve your spouse. Fee waivers are available through Form JD-FM-75 for filers below 125% of the federal poverty level.

What is the fastest way to divorce with no children in Connecticut?

The fastest path is the nonadversarial track under § 46b-44a, which finalizes in about 35 days without a court hearing. You must have no children, a marriage of nine years or fewer, no real property, no defined-benefit pension, and combined assets under the statutory cap. The court sets a disposition date at least 30 days after filing.

Do I still need to meet the 12-month residency requirement without kids?

Yes. At least one spouse must reside in Connecticut for 12 months before the decree under § 46b-44, regardless of whether you have children. You can file before the year is complete, but the judge cannot finalize the divorce until the 12-month threshold is met by either spouse.

Is there a waiting period for a no-children divorce in Connecticut?

Standard divorces have a 90-day waiting period from the return date under § 46b-67. Public Act 23-46 now lets fully agreed couples finalize faster, and the nonadversarial track bypasses the 90-day wait entirely, setting a disposition date about 30 to 35 days out. A waiver is available when spouses fully agree.

How is property divided if we have no children?

Connecticut uses equitable distribution under § 46b-81, dividing property fairly but not always 50/50, typically 40/60 to 60/40. As an all-property state, courts can divide any asset, including pre-marital property, inheritances, and gifts. Property division is final and cannot be modified after the decree.

Do I need a lawyer for a simple divorce with no children?

No, a lawyer is not required. A pro se childless divorce costs roughly $410 to $435 in court and service fees. An attorney-handled uncontested case typically runs $2,000 to $5,000. Many childless couples with modest assets and a signed agreement complete the process pro se, especially on the nonadversarial track.

Can I use the no-fault ground for a childless divorce?

Yes. Irretrievable breakdown under § 46b-40(c)(1) is used in about 95% of Connecticut cases and requires no proof of wrongdoing. Either spouse can obtain the divorce even if the other objects, as confirmed by the Connecticut Supreme Court in Joy v. Joy, 178 Conn. 254 (1979).

Does marital fault matter in a divorce with no dependents?

Yes, but only for alimony. Connecticut is one of few states where fault such as adultery or abandonment can raise or lower a spousal support award under § 46b-82. Fault does not affect the no-fault ground itself, and there is no alimony formula; the judge decides based on 17 statutory factors.

What if we own a house but have no children?

Owning real property disqualifies you from the nonadversarial track under § 46b-44a, even with no children. You must instead use the standard uncontested process, which has no property or marriage-length limits. You can still resolve everything by written agreement and often waive the 90-day waiting period.

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Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering Connecticut divorce law

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