Connecticut General Statutes Title 46b, Chapter 815j — Dissolution of Marriage, Legal Separation and Annulment

Connecticut allows both no-fault and fault-based divorce. The most common ground is 'irretrievable breakdown' of the marriage, which requires no proof of wrongdoing. Other grounds include living apart for 18+ months due to incompatibility, adultery, fraudulent contract, willful desertion for one year, seven years' absence, habitual intemperance, intolerable cruelty, imprisonment for life or an infamous crime, or mental illness confinement.

Effective: 2025

At least one spouse must have established residence in Connecticut before filing. The divorce cannot be finalized unless one spouse has been a Connecticut resident for at least 12 months before filing or before the decree is entered. Military members who were Connecticut residents at the time of entry into service are deemed continuous residents.

Effective: 2025

If a spouse has been confined to a psychiatric institution for at least five years, the other spouse may file for dissolution on that ground. The confined spouse must be represented by counsel appointed by the court, and the court must find the confinement meets the statutory threshold before granting the decree.

Effective: 2025

Connecticut is an 'all-property' equitable distribution state — the court can divide any property owned by either spouse, including assets acquired before the marriage, gifts, and inheritances. There is no presumption of a 50/50 split. The court considers the length of the marriage, each spouse's age, health, occupation, income, vocational skills, employability, estate, liabilities, needs, and each party's contribution to the acquisition or appreciation of assets.

Effective: 2025

When spouses reach a settlement agreement on property division, the court reviews it for fairness before incorporating it into the divorce decree. Written agreements are incorporated by reference into court orders. The statute also permits parties to agree to binding arbitration for financial disputes. Agreements regarding child support remain modifiable upon a showing of material change in circumstances.

Effective: 2025

At the time of entering the divorce decree, the court may order either spouse to convey title to real property to the other spouse or to a third party. This gives the court direct authority to transfer ownership of the marital home or other real estate as part of the property division.

Effective: 2025

Either spouse may obtain prejudgment remedies to prevent the other from hiding or dissipating marital assets during the divorce. The court can issue a lis pendens (notice of pending litigation) on real property, preventing its sale or transfer until the divorce is finalized.

Effective: 2025

The court decides custody based on the best interests of the child, considering factors including: physical and emotional safety; the child's temperament and developmental needs; each parent's capacity to meet the child's needs; the child's informed preferences; the parents' wishes; the child's relationship with each parent and siblings; and each parent's willingness to encourage the child's relationship with the other parent. The court may award joint or sole custody, or custody to a third party.

Effective: 2025

Joint custody means both parents share legal decision-making and physical custody to ensure continuing contact with both parents. There is a presumption that joint custody is in the child's best interest when both parents agree. Parents must file a parental responsibility plan covering the child's residential schedule, decision-making authority for health, education, and religion, and provisions for resolving future disputes.

Effective: 2025

In custody disputes between a parent and a non-parent, there is a legal presumption that it is in the child's best interest to be in the parent's custody. This presumption can only be overcome by showing that parental custody would be detrimental to the child. A non-parent must prove a parent-like relationship, detriment from parental custody, and that third-party custody serves the child's best interest.

Effective: 2025

After a divorce is finalized, a parent who wants to relocate with a child must prove three things by a preponderance of the evidence: (1) the relocation is for a legitimate purpose, (2) the proposed location is reasonable in light of that purpose, and (3) the relocation is in the child's best interest. The court considers each parent's reasons, the quality of the child's relationships, impact on future contact, and the feasibility of maintaining the non-relocating parent's relationship.

Effective: 2025

The court may appoint a guardian ad litem or attorney to represent the interests of a minor child in custody proceedings. The guardian ad litem investigates the facts and reports to the court on what arrangement serves the child's best interests, while an attorney advocates for the child's expressed wishes.

Effective: 2025

The court may order either spouse to pay alimony based on the length of the marriage, the cause of the dissolution, each party's age, health, station, occupation, income, earning capacity, vocational skills, education, employability, estate, needs, and the property division award. Unlike most states, Connecticut considers marital fault when awarding alimony. There is no formula — the court has broad discretion to determine the amount and duration.

Effective: 2025

Both parents must support their minor children according to their respective abilities. Support continues until age 18, or until age 19 if the child is a full-time high school student. The court may also order support for adult children with intellectual, mental, or physical disabilities until age 26. Either parent may be ordered to provide health insurance if the cost is reasonable (5–7.5% of net income depending on income level).

Effective: 2025

Connecticut uses the Income Shares Model for calculating child support. Both parents' net incomes are combined, and a schedule determines the total child support obligation based on the combined income and number of children. Each parent's share is proportional to their percentage of the combined income. When combined net weekly income exceeds $4,000, support is determined case-by-case. The guidelines are reviewed and updated every four years.

Effective: 2025

Alimony and child support orders can be modified upon showing a substantial change in circumstances. For child support, a deviation of 15% or more from the guidelines creates a rebuttable presumption that modification is warranted; less than 15% is presumed not substantial. Alimony modification considers the same factors as the original award under § 46b-82. Property division orders cannot be modified after the decree.

Effective: 2025

A court cannot order a domestic violence victim to pay alimony to a spouse convicted of attempted murder, conspiracy to commit murder, a Class A or B felony sexual assault, or a Class A or B felony family violence crime against the victim. If alimony was already ordered before the conviction, the injured spouse can file a motion to terminate it immediately.

Effective: 2025

A divorce proceeding begins by filing and serving a complaint in the Superior Court for the judicial district where either spouse resides. The other spouse may waive formal service of process by signing a written waiver form and filing an appearance. This eliminates the cost and delay of hiring a process server.

Effective: 2025

Connecticut imposes a mandatory 90-day waiting period from the return date of the complaint before the court can grant a divorce. If the defendant has not appeared, the plaintiff may request a waiver of the waiting period after 30 days. Once granted, the decree gives both parties the status of unmarried persons. Annulments are exempt from the 90-day waiting period.

Effective: 2025

Spouses who agree on all terms may file a joint petition for an expedited 'nonadversarial' dissolution that can be granted in approximately 35 days without a court hearing. Eligibility requires: marriage of 8 years or less, no minor children, no real property, and combined net assets under $35,000. The judge reviews the agreement on the assigned disposition date and enters the decree if the terms are fair.

Effective: 2025

Before the 90-day waiting period expires, either spouse or counsel for the minor children may request conciliation. The court will order the parties to meet with a mutually agreed-upon conciliator (or one appointed by the court) — a clergy member, physician, domestic relations officer, or experienced marriage counselor. Communications during conciliation are privileged and cannot be used as evidence.

Effective: 2025

The Chief Court Administrator may establish mediation programs to resolve contested property, financial, and child custody issues in divorce cases. Mediation is a voluntary alternative to litigation where a neutral mediator helps the parties reach agreement. Communications during mediation are privileged and confidential.

Effective: 2025

When minor children are involved in a divorce, the court must order both parents to attend a parenting education program unless the parties agree otherwise or the court finds it unnecessary. The program covers children's developmental stages, adjustment to parental separation, conflict management, visitation guidelines, and cooperative parenting. The cost is capped at $200 per person, and no one is excluded for inability to pay.

Effective: 2025

A family or household member who is a victim of domestic violence — including physical violence, stalking, threatening, and coercive control (added by Jennifer's Law in 2021) — may apply to Superior Court for a restraining order. The court can issue ex parte orders granting immediate protection. Coercive control is defined as a pattern of behavior that unreasonably interferes with a person's free will, including isolation, financial control, and threats. Violation is a criminal offense.

Effective: 2025

Prenuptial agreements must be in writing and signed by both parties. They can address property rights, spousal support, and other financial matters, but cannot adversely affect a child's right to support. A prenuptial agreement is unenforceable if a party proves it was signed involuntarily or without fair financial disclosure. Courts may order spousal support despite the agreement if one spouse would otherwise qualify for public assistance.

Effective: 2025

Either spouse may request restoration of their birth name or former name at the time of the divorce decree, and the court must grant it. After the divorce, either spouse can file a motion for name restoration at any time, and the court must rule on it without a hearing. No public notice is required.

Effective: 2025

In any divorce proceeding, the court may order either spouse to pay the other's reasonable attorney's fees based on their respective financial abilities and the same criteria used for alimony awards under § 46b-82. The court may also order a parent to pay fees for a court-appointed guardian ad litem or attorney for a minor child. Fees cannot be paid from a child's college savings account.

Effective: 2025

When a person is found in contempt of a court order for property division, alimony, child support, or attorney's fees, the court may award the other party reasonable attorney's fees and the costs of serving the contempt citation. This provides an enforcement mechanism when a spouse fails to comply with divorce-related court orders.

Effective: 2025