A stipulated divorce in Connecticut is an uncontested dissolution in which both spouses sign a written separation agreement resolving every issue and submit it to the Superior Court for approval. The base filing fee is $360, at least one spouse must satisfy the 12-month residency rule under Conn. Gen. Stat. § 46b-44, and a 90-day waiting period usually precedes the final decree.
Key Facts: Stipulated Divorce in Connecticut
| Factor | Connecticut Detail |
|---|---|
| Filing Fee | $360 Superior Court fee, plus roughly $50 for service (about $410 total). As of August 2026. Verify with your local clerk. |
| Waiting Period | 90 days standard (waivable by motion); 30-day disposition date for nonadversarial cases |
| Residency Requirement | 12 months before the decree under Conn. Gen. Stat. § 46b-44 |
| Grounds | Irretrievable breakdown (no-fault) under Conn. Gen. Stat. § 46b-40 |
| Property Division Type | Equitable distribution, all-property state, under Conn. Gen. Stat. § 46b-81 |
What Is a Stipulated Divorce in Connecticut?
A stipulated divorce in Connecticut is a dissolution of marriage in which both spouses agree on every term and record those terms in a signed separation agreement, avoiding a contested trial. Because the parties settle all issues in advance, these cases typically finalize within 90 to 120 days of filing and cost a fraction of litigated divorces, which average $15,000 or more per spouse.
Connecticut law does not use the phrase "stipulated divorce" as a formal statutory label. In practice, the term describes an uncontested dissolution where the parties file a written stipulation, sometimes called a separation agreement or mutual divorce agreement, that a judge incorporates into the final judgment. The same concept appears in everyday language as an agreed divorce, a consent divorce, or a settled divorce. Every path begins with the no-fault ground of irretrievable breakdown under Conn. Gen. Stat. § 46b-40, which requires only that one spouse testify the marriage cannot be repaired.
Connecticut recognizes two structured routes for an agreed divorce: the standard uncontested dissolution and the streamlined nonadversarial dissolution under Conn. Gen. Stat. § 46b-44a. The route you use depends on whether you have children, real estate, or significant assets. A personalized divorce roadmap can help you identify which path fits your facts before you file a single form.
Connecticut Residency and Filing Requirements for a Stipulated Divorce
At least one spouse must have lived in Connecticut for 12 months before the court enters a final decree, under Conn. Gen. Stat. § 46b-44. You may file before completing 12 months, but the judgment cannot issue until the residency period is satisfied. Because the 12-month rule and the 90-day waiting period run concurrently, filing early rarely delays a stipulated divorce.
Connecticut offers three separate residency pathways, and meeting any one is sufficient. First, either party has resided in Connecticut for at least 12 months before the decree. Second, either party was domiciled in Connecticut at the time of the marriage and returned to the state with the intention of remaining permanently. Third, the cause of the divorce arose after either party moved to Connecticut. These alternatives, all set out in Conn. Gen. Stat. § 46b-44, give recently relocated spouses meaningful flexibility.
You file a stipulated divorce in the Superior Court judicial district where either spouse lives. The initiating documents include a Summons (Form JD-FM-3), a Divorce Complaint (Form JD-FM-159), and a Notice of Automatic Court Orders (Form JD-FM-158). The automatic orders take effect immediately and prohibit either spouse from hiding assets, canceling insurance, or removing children from the state. Filing in the correct district and serving the automatic orders are foundational steps that even the most amicable agreed divorce cannot skip.
Two Paths: Uncontested Dissolution vs. Nonadversarial Dissolution
Connecticut provides two agreed-divorce tracks. The standard uncontested dissolution accommodates couples with children, real estate, or larger estates and finalizes after the 90-day waiting period. The nonadversarial dissolution under Conn. Gen. Stat. § 46b-44a resolves qualifying simple cases in as little as 30 days without any hearing, but eligibility is narrow and strictly defined by statute.
The nonadversarial track is limited to couples who satisfy every one of these conditions: no minor children and neither spouse is pregnant; neither spouse owns real estate; combined marital property totals less than $35,000; neither spouse holds a defined-benefit pension; neither spouse receives public assistance such as Medicaid or TANF; and no support order or protective order exists between the parties. Both spouses file together as a joint petition, and the standard 90-day wait does not apply. A judge may finalize the case on the disposition date, which the court sets at least 30 days after filing.
The following table compares the two agreed-divorce routes so you can identify the correct starting point.
| Feature | Nonadversarial Dissolution | Standard Uncontested (Stipulated) |
|---|---|---|
| Statute | § 46b-44a | § 46b-40 et seq. |
| Minor children allowed | No | Yes |
| Real estate allowed | No | Yes |
| Property limit | Under $35,000 combined | No limit |
| Waiting period | ~30-day disposition date | 90 days (waivable) |
| Court hearing | None required | Brief hearing common |
| Filing structure | Joint petition | Complaint plus stipulated agreement |
Most couples with a home, retirement accounts, or children use the standard stipulated divorce path, because the nonadversarial thresholds are easy to exceed. A single 401(k) balance or a jointly owned condominium disqualifies the fast track.
The Stipulated Separation Agreement: What It Must Cover
The separation agreement is the core document of a stipulated divorce in Connecticut, and it must resolve four categories completely: division of property and debt, alimony, and, if children are involved, custody and child support. A judge reviews the agreement for fairness under Conn. Gen. Stat. § 46b-66 before incorporating it into the final judgment, so vague or one-sided terms invite rejection.
On property, the agreement must identify and allocate every asset and liability, including the marital home, vehicles, bank accounts, retirement plans, and outstanding debts. Connecticut is an all-property, equitable-distribution state under Conn. Gen. Stat. § 46b-81, meaning premarital assets, inheritances, and gifts are all divisible. Understanding equitable distribution helps couples draft splits a judge will accept as fair rather than merely equal.
On support, the agreement must state whether either spouse pays alimony, in what amount, and for how long, consistent with the factors in Conn. Gen. Stat. § 46b-82. When minor children exist, the agreement must attach a parenting plan addressing legal and physical custody and a child support order that conforms to the Connecticut Child Support Guidelines. You can estimate obligations with a child support calculator before finalizing numbers, and you can learn how courts weigh parenting time by reviewing child custody arrangements. A support figure that departs from the guidelines requires a written deviation finding, or the court will not approve it.
Filing Fees and Court Costs for a Stipulated Divorce in Connecticut
The Connecticut Superior Court filing fee for a divorce is $360, unchanged since July 1, 2013, and still in effect for 2026. Service of process by a state marshal typically adds $40 to $75, bringing minimum out-of-pocket court costs to roughly $410. Additional statutory programs, such as parenting education at $150 per parent, may apply when children are involved. As of August 2026. Verify with your local clerk.
Beyond the base fee, a stipulated divorce may involve several smaller costs. A state marshal charges approximately $40 to $75 to serve the divorce complaint and automatic orders, though the nonadversarial joint petition does not require marshal service because both spouses sign together. When minor children are part of the case, Connecticut requires each parent to complete the Parenting Education Program under Conn. Gen. Stat. § 46b-69b, which costs about $150 per parent. Certified copies of the final decree run a few dollars each.
Spouses who cannot afford these fees can apply for a waiver using Form JD-FM-75, the Application for Waiver of Fees. Courts grant waivers when the applicant's income falls below 125% of the federal poverty level, when the applicant receives state assistance such as SNAP, TANF, or Medicaid, or when paying the fee would cause substantial hardship. A fee waiver covers the $360 filing fee and marshal service, removing the largest cost barrier to an agreed divorce. The waiver keeps a low-cost, cooperative process accessible even for spouses with limited income.
Step-by-Step: How to File a Stipulated Divorce in Connecticut
Filing a stipulated divorce in Connecticut follows a predictable sequence that most couples complete in 90 to 120 days. The core steps are: confirm residency, prepare and file the complaint, serve the automatic orders, exchange financial affidavits, sign the stipulated agreement, and attend a brief uncontested hearing. Each step maps to a specific statute or Practice Book rule, so following the order prevents costly rejections.
Start by confirming that one spouse meets a residency pathway under Conn. Gen. Stat. § 46b-44. Next, prepare the Summons (JD-FM-3), Complaint (JD-FM-159), and Notice of Automatic Orders (JD-FM-158), then file them with the Superior Court clerk and pay the $360 fee. Have a state marshal serve your spouse, or, in a truly cooperative case, have your spouse sign a waiver of service or file jointly. Within a set period after the return date, both spouses file sworn Financial Affidavits (JD-FM-6) disclosing income, assets, and debts, because Connecticut requires full financial disclosure before any settlement is approved.
Once disclosures are complete, both spouses sign the separation agreement and any parenting plan. The court then schedules a short uncontested hearing, sometimes called a canvass, where a judge confirms that the marriage has broken down irretrievably, that both parties understand the agreement, and that its terms are fair under Conn. Gen. Stat. § 46b-66. In nonadversarial cases under Conn. Gen. Stat. § 46b-44c, a judge may enter judgment on the papers without any appearance. If you want professional help preparing or reviewing the agreement, you can find a divorce attorney who handles uncontested matters. When the judge approves, the agreement becomes an enforceable court order.
The 90-Day Waiting Period and How to Waive It
Connecticut imposes a mandatory 90-day waiting period between the return date and the earliest date a court can grant a standard divorce, under Conn. Gen. Stat. § 46b-67. The clock protects against impulsive filings, but spouses in an agreed divorce may ask the court to waive it. Nonadversarial dissolutions bypass the 90-day rule entirely and instead use a 30-day disposition date.
The waiting period begins on the return date, which is the procedural start of the case, not the day you physically file. In a typical stipulated divorce, the 90 days elapse while spouses complete financial affidavits, parenting education, and agreement drafting, so the wait rarely lengthens the overall timeline. Because the 12-month residency requirement and the 90-day period run at the same time, a spouse who has lived in Connecticut for at least nine months when filing usually satisfies both by the time judgment enters.
Under Conn. Gen. Stat. § 46b-67, a court may waive the 90-day waiting period on motion when both parties agree and the settlement is ready. Judges are more willing to grant a waiver when the separation agreement is signed, financial affidavits are filed, and any required parenting education is complete. A waiver can shave weeks off an already efficient consent divorce, but it is discretionary. Couples should treat the 90-day period as the default and view any waiver as a bonus rather than a guarantee.
How Connecticut Courts Review Your Stipulated Agreement
A Connecticut judge does not automatically rubber-stamp a stipulated agreement. Under Conn. Gen. Stat. § 46b-66, the court must find the agreement fair and equitable before incorporating it into the divorce judgment, and it must confirm that any child support terms comply with the Connecticut Child Support Guidelines. This judicial review is the single most common reason an otherwise agreed divorce stalls.
At the uncontested hearing, the judge canvasses both spouses to verify three things: that each entered the agreement voluntarily and without coercion, that each understands the terms, and that full financial disclosure occurred through the sworn financial affidavits. If the judge suspects that one spouse hid assets, signed under pressure, or accepted grossly unfair terms, the court can decline to approve the agreement and send the parties back to negotiate. Because Connecticut is an all-property state under Conn. Gen. Stat. § 46b-81, the court examines whether the division reasonably reflects the statutory factors, not merely whether both spouses signed.
Child-related terms face the highest scrutiny. A judge applies the best-interests-of-the-child standard from Conn. Gen. Stat. § 46b-56 to custody and parenting-plan provisions and independently checks that child support matches the guidelines or contains a valid deviation finding. Even in a fully cooperative mutual divorce agreement, parents cannot bargain away a child's right to guideline-based support. Preparing accurate financial affidavits and a guideline-compliant support figure before the hearing keeps the review smooth and prevents last-minute rejections.
Property Division and Alimony in a Stipulated Agreement
In a Connecticut stipulated divorce, spouses may divide property and set alimony by agreement, but the terms must survive the fairness review under Conn. Gen. Stat. § 46b-81 and Conn. Gen. Stat. § 46b-82. Connecticut is an all-property, equitable-distribution state, so the marital estate subject to division includes premarital assets, inheritances, and gifts, and judges weigh 12 statutory factors when confirming that a split is equitable.
Equitable distribution means fair, not necessarily equal. Under Conn. Gen. Stat. § 46b-81, the court considers the length of the marriage, each spouse's age and health, occupation and earning capacity, the causes of the breakdown, and each party's contribution to acquiring or preserving assets. In a settled divorce, spouses can propose any division they both accept, from a 50/50 split to an uneven allocation that offsets one spouse's larger income, provided the outcome is reasonable in light of those factors. Retirement accounts often require a Qualified Domestic Relations Order to divide without tax penalties, a detail the agreement should address explicitly.
Alimony in Connecticut is discretionary and fact-specific. Under Conn. Gen. Stat. § 46b-82, the court weighs the same core factors as property division, plus the desirability of a custodial parent staying home with young children. Spouses in a consent divorce may agree to no alimony, time-limited alimony, or a nominal $1-per-year award that preserves the court's future jurisdiction. Because property division and alimony interact, a spouse who receives a larger share of assets often accepts less ongoing support. Documenting the trade-off in the agreement helps the judge see the overall bargain as fair.