{"id":1956,"date":"2021-10-09T13:11:31","date_gmt":"2021-10-09T17:11:31","guid":{"rendered":"https:\/\/divorceanswers.com\/?p=1956"},"modified":"2022-07-28T09:56:27","modified_gmt":"2022-07-28T14:56:27","slug":"divorce-in-connecticut","status":"publish","type":"post","link":"https:\/\/divorceanswers.com\/divorce-in-connecticut\/","title":{"rendered":"Your Complete Guide to Getting a Divorce in Connecticut"},"content":{"rendered":"\n
What We Cover In This Article<\/strong><\/p>\n Divorce Laws<\/a> | Residency Requirements<\/a> | Grounds for Divorce<\/a> | Divorce Attorney<\/a> | Filing for Divorce<\/a> | Online Divorce<\/a> | How Long?<\/a> | Divorce Costs<\/a> | Custody<\/a> | Child Support<\/a> | Alimony<\/a> | Division of Asset<\/a> | Common-Law Marriage<\/a> | Alternatives<\/a><\/p>\n \n\n\n\n\n\n\n\n A divorce is a monumental life change, and the process can seem intimidating without the correct information.<\/p>\n\n\n\n On top of that, laws change frequently. It would be wise for potential divorcees to review changes to Connecticut divorce laws before beginning the divorce process. <\/p>\n\n\n\n For instance, in January of 2021, a new step was added to the divorce process to consolidate court dates and improve divorce case efficiency: The Resolution Plan Date.<\/p>\n\n\n\n This article is an excellent resource for potential divorcees in Connecticut. Read on to explore laws, available resources, and options to consider throughout your divorce process.<\/p>\n\n\n\n Typically there are 2 different types of divorce, either uncontested or contested. An uncontested divorce is when couples agree on the terms of the divorce and don't need the courts to help out, they just need the courts to finalize the agreed upon terms. <\/p>\n\n\n\n Contrary to that is a contested divorce, which is much more complicated and possibly contentious.<\/p>\n\n\n\n In Connecticut, there are three types of divorce proceedings<\/a>:<\/p>\n\n\n\n Each type of divorce is stipulated by the State of Connecticut Judicial Branch, and all three options are available to divorcing couples depending on their eligibility (which we\u2019ll explore in detail in the following three sections).<\/p>\n\n\n\n A Divorce Without an Agreement is the most time-consuming option. During this type of divorce proceeding, the two parties (both spouses) aren\u2019t in agreement about one or more of the terms of the divorce, like child support, alimony, custody, or division of assets. <\/p>\n\n\n\n This kind of divorce requires at least one court appearance by both parties, and it\u2019s recommended that parties engage legal counsel.<\/p>\n\n\n\n A Nonadversarial Simplified Divorce, on the other hand, is the quickest, most economical option. <\/p>\n\n\n\n Spouses must meet certain requirements to be eligible for such a divorce (most importantly, not having any children), but the most attractive element of a Nonadversarial Divorce is that spouses aren\u2019t required to appear in court.<\/p>\n\n\n\n A Divorce With an Agreement is a median option for couples who agree to all terms of their divorce but don\u2019t meet the requirements for a Nonadversarial Divorce proceeding. <\/p>\n\n\n\n While spouses must still appear in court, they have the option to waive the 90-day waiting period for divorces in Connecticut.<\/p>\n\n\n\n The latter two options are ideal for potential divorcees. It behooves couples to agree to the terms of their divorce as early in the process as possible. <\/p>\n\n\n\n Certain actions can be taken by the couple before filing for divorce to expedite the process, reduce costs of divorce, and decrease emotional distress.<\/p>\n\n\n\n After asking your spouse for a divorce<\/a>, let things settle and then set a date and time to go over a preliminary divorce agreement. It may take many \u201cinformal\u201d sessions with your spouse to work out all of the details, but if you and your spouse are on speaking terms, this is time well spent outside of court.<\/p>\n\n\n\n If, at any point, your spouse becomes emotional, angry, or in obstinate disagreement during this informal negotiation, seek legal counsel and prepare to proceed with a Divorce Without an Agreement if this pattern continues.<\/p>\n\n\n\n Remember that this is not a personal failure on your part.<\/p>\n\n\n\n While doing your due diligence before court proceedings begin can benefit both couples financially and emotionally, family and marital law judges exist for a reason, and relying upon their expertise to settle your divorce is not a sign of weakness.<\/p>\n\n\n\n For couples seeking an amicable divorce, where they agree to all elements of the divorce agreement (alimony and division of assets) at the time divorce paperwork is filed, couples may file for a Nonadversarial Divorce.<\/p>\n\n\n\n However, to qualify for a Nonadversarial Divorce, couples must meet the following criteria<\/a>:<\/p>\n\n\n\n While this list of requirements seems long, it keeps divorcing couples from oversimplifying a potentially complicated divorce to save time or money.<\/p>\n\n\n\n If couples opt for a Nonadversarial Divorce at first, but after the divorce is filed seek to change the divorce agreement, that only results in wasted time for the court, since issues should have been resolved during traditional divorce proceedings.<\/p>\n\n\n\n Plus, if couples file and settle a Nonadversarial Divorce to save money, but then contest any part of their divorce agreement after the divorce is settled, they\u2019ll essentially double their court costs. <\/p>\n\n\n\n The requirements of Nonadversarial Divorces protect both the court and divorcing couple from overspending.<\/p>\n\n\n\n One of the most significant benefits of a Nonadversarial Divorce is that a court appearance in front of a judge may not be required to finalize the divorce. But, at least one visit to a courthouse to file paperwork will still be required.<\/p>\n\n\n\n Required forms include:<\/p>\n\n\n\n Once these forms are filed with the Clerk\u2019s Office, the divorce may be granted within 35 days of the filing date without the need to see a judge.<\/p>\n\n\n\n However, if anything on a couple\u2019s documents indicates an unresolved dispute or that the couple doesn\u2019t meet the requirements for a Nonadversarial Divorce, a court date may be scheduled. Check your documents carefully before filing.<\/p>\n\n\n\n For divorcing couples that don\u2019t meet the requirements to file for a Nonadversarial Divorce, Divorce With an Agreement is another excellent option if you and your spouse agree on all divorce issues before filing paperwork with the court.<\/p>\n\n\n\n Most importantly, potential divorcees who want to expedite the divorce process can file a waiver for the 90-day waiting period, achieving the same potential turnaround time as Nonadversarial Divorce filings.<\/p>\n\n\n\n While spouses will still have to file the same forms as Divorces Without an Agreement (more on that later), there are a few critical differences in the procedure:<\/p>\n\n\n\n If at any point during a Divorce Without an Agreement the divorcing spouses agree to the divorce arrangement before the 90-day waiting period has elapsed, the couple can file the Motion to Waive Statutory Time Period by Agreement of the Parties<\/a> form and finalize their divorce on a shorter timeline.<\/p>\n\n\n\n If you and your spouse decide to do either an “Nonadversarial Simplified Divorce” or a “Divorce With an Agreement” uncontested divorce, you\u2019re on your way to getting a divorced fast and with much lower costs.<\/a><\/p>\n\n\n\n If you qualify for an uncontested divorce, using an online divorce service is a great way to save a lot of money. Keep in mind in Connecticut, divorce can cost over $12,000 <\/span>in fees if you file for divorce with an attorney.<\/p> We reviewed, rated, and ranked the best online divorce services available and our #1 choice is 3StepDivorce.<\/p>\t\t\t\t<\/div>\n\t\t\t\n\t\t\t\n\t\t\t\n\t\t\t\tVisit 3StepDivorce\t\t\t<\/a>\n\n\t\t\t\t\t\t\t\n\t\t\t\t\tRead Our Review\t\t\t\t<\/a>\n\t\t\t\t\t\t\n\n\t\t\t To proceed with a Divorce Without an Agreement, plaintiffs and defendants must<\/p>\n\n\n\n If you\u2019re the defendant in a divorce case, you\u2019re required to participate in your divorce proceedings even if you agree with the items stated in the divorce complaint.<\/p>\n\n\n\n Defendants\/respondents can file three potential forms (not all are required):<\/p>\n\n\n\n An Appearance form is filed either by the defendant's legal counsel or the defendant (if they\u2019re representing themself in the divorce proceedings). An Appearance form communicates your intent to participate in the divorce to the court and provides the court with your mailing address where you\u2019ll receive notices and paperwork files throughout your case.<\/p>\n\n\n\n If the defendant doesn\u2019t file an appearance form within 30 days of the Return Date (more on the return date later), the divorce could proceed (and settle) without them.<\/p>\n\n\n\n An Answer form allows defendants to comment on the items in the plaintiff\u2019s divorce complaint. The defendant lists each issue presented by the plaintiff, and checks one of three boxes regarding each issue:<\/p>\n\n\n\n While an Answer form isn\u2019t required during the divorce proceedings, it\u2019s highly recommended that defendants in a Divorce Without an Agreement file one to document their initial disagreements with the divorce complaint. In a potentially messy divorce, any documentation you can provide to the court can be helpful throughout your case.<\/p>\n\n\n\n A Cross Complaint form is essentially the same document as the plaintiff\u2019s divorce complaint. You can list your own reason for filing for a divorce, stipulate your own desires for the divorce agreement, and request that the court continues with the case even if the plaintiff decides to stop or withdraw their complaint.<\/p>\n\n\n\n If you\u2019re the defendant in a divorce case, and you want to get a divorce whether or not your spouse decides to complete the proceedings, it\u2019s integral that you file a Cross Complaint.<\/p>\n\n\n\n Divorces Without an Agreement are provided with a Resolution Plan Date<\/a>, where a Family Relations Counselor (a qualified and educated court staff member) helps divorcing couples create an action plan for their divorce proceedings.<\/p>\n\n\n\n Action items could include mediation, parenting education courses (if there are minor children involved in your case), or the assignment of a Family Relations Counselor for the duration of the case.<\/p>\n\n\n\n Action items will correspond to dates and deadlines recommended by the Family Relations Counselor and stipulated by the court. If at any point during your divorce proceedings you and your spouse have agreed to the divorce arrangement, you can ask to see a judge to finalize your case and conclude the action plan early.<\/p>\n\n\n\n But, if spouses haven\u2019t agreed despite the action plan before the end of the 90-day waiting period, divorce litigation begins.<\/p>\n\n\n\n To file for a divorce in Connecticut, divorcing couples must meet the following residency requirements<\/a>:<\/p>\n\n\n\n Proof of residency is typically not requested in a divorce proceeding, but divorcing couples are discouraged from knowingly filing divorce papers in Connecticut if they don\u2019t meet the residency requirements, as this would be a waste of time and money.<\/p>\n\n\n\n But, if the parties are asked to prove residency, they can provide any of the following documents<\/a>:<\/p>\n\n\n\n There are three distinct options for divorce proceedings in Connecticut:<\/p>\n\n\n\n The Divorce Complaint (Dissolution of Marriage)<\/a> form, which must be filed to initiate divorce proceedings, requests the plaintiff to specify why divorce is being sought. Spouses have two options:<\/p>\n\n\n\n If spouses choose \u201cOther,\u201d they must fill in their grounds for divorce in lines provided below the prompt. Their reasons must be listed in the Connecticut General Statutes, which detail a variety of grounds for divorce in the state.<\/p>\n\n\n\n According to Section 46b-40 of the state statutes<\/a>, divorces may be filed as a result of one of the following:<\/p>\n\n\n\n Keep in mind that any grounds listed on divorce complaint forms will have to be admitted as true by the defendant or proven valid during court proceedings.<\/p>\n\n\n\n So, if plaintiffs can file for divorce on multiple grounds, they should list the justification to which<\/p>\n\n\n\n If the plaintiff expects that the defendant will deny the grounds listed on the divorce complaint for any reason, they should retain legal counsel. If the grounds for divorce must be proven in court proceedings, the plaintiff will achieve the best possible outcome by seeking help from a professional.<\/p>\n\n\n\n Connecticut does not require divorcing couples (plaintiffs or defendants) to retain divorce attorneys to represent them during any part of the divorce process.<\/p>\n\n\n\n While retaining legal counsel may not be necessary if couples are filing for divorce, spouses are strongly encouraged to hire an attorney if they expect their divorce to be messy in any way or if they need professional assistance guiding them through the process.<\/p>\n\n\n\n Attorneys can advocate for you and your needs during divorce proceedings, they have existing relationships with judges and other court staff, and they have the professional experience to complete your paperwork accurately and perform all necessary procedures correctly.<\/p>\n\n\n\n Consulting an attorney is never a bad idea, even if you don\u2019t predict that you\u2019ll need to protect yourself during the divorce process.<\/p>\n\n\n\n Finding a good divorce attorney is key, but what makes a good divorce attorney? While you should set your own list of non-negotiables when searching for an attorney, you should also consider the following criteria:<\/p>\n\n\n\n There are a variety of methods you can use to find a divorce attorney, but some popular tactics include:<\/p>\n\n\n\n Narrow your shortlist down to three or four names and interview each prospective attorney during an initial consultation. Remember, you\u2019re in charge of which attorney you decide to hire to represent you in your divorce.<\/p>\n\n\n\n When you request an initial consultation with a potential divorce attorney, you shouldn\u2019t just give them the details of your case. You should ask them questions to determine whether or not they\u2019re a good fit for you.<\/p>\n\n\n\n Here are some potential interview questions for your consultation with a divorce lawyer:<\/p>\n\n\n\n In all likelihood, attorneys will be forthcoming with answers to your questions. After all, they want you to hire them. Be wary of attorneys who dodge questions or who don\u2019t provide answers that satisfy you. If you\u2019re not satisfied with their performance during the initial consultation, you\u2019re probably not a compatible client for them either.<\/p>\n\n\n\n In most cases, initial consultations with attorneys are free. It\u2019s common for plaintiffs and defendants to \u201cshop around\u201d for representation – especially in divorce cases – and lawyers know this.<\/p>\n\n\n\n Since the industry standard is to supply free consultations, most attorneys want to adhere to that industry standard. But, some attorneys may still charge a consultation fee. If you\u2019re considering an attorney that charges such a fee, consider interviewing them last so that you can cancel the consultation if you find a good fit elsewhere.<\/p>\n\n\n\n Initial consultations are always confidential. However, you also want to make sure they keep a secure and confidential office that takes client privacy seriously.<\/p>\n\n\n\n Before you begin speaking about your case, confirm with your attorney that all matters discussed will be kept confidential. Ask them outright how their firm prioritizes and maintains client confidentiality, and if you\u2019re not confident in their response, you\u2019re never going to be comfortable sharing private information in their office.<\/p>\n\n\n\n Attorneys making a significant effort to maintain client confidentiality will have systems in place like:<\/p>\n\n\n\n If you\u2019re uncomfortable with any attorney\u2019s confidentiality efforts (or lack thereof), you\u2019ll remain that way throughout their service of your case. Identify discomfort early, trust your gut, and choose an attorney who meets your needs.<\/p>\n\n\n\n Using an attorney can afford both plaintiffs and defendants in divorce cases additional help and support throughout their case.<\/p>\n\n\n\n Some other benefits of using an attorney include:<\/p>\n\n\n\n While an attorney is never a bad idea, consulting an attorney can result in unintended consequences. Some drawbacks of seeking legal counsel include:<\/p>\n\n\n\n But, if you\u2019re confident that you need an attorney, these drawbacks likely won\u2019t deter you. Make efforts to prevent them by seeking legal aid assistance<\/a>, encouraging your spouse to retain legal counsel if you are, and making efforts to communicate effectively.<\/p>\n\n\n\n As far as the actual filing process, it\u2019s integral that divorcing couples (plaintiffs and defendants alike) are familiar with court procedures for divorces throughout their case. The steps below will help you prepare your divorce forms, file your divorce forms, serve them to your spouse, and prepare your financial disclosures.<\/p>\n\n\n\n The process is pretty simple, but the sheer amount of paperwork can seem exhausting. This guide is here to help, but consider retaining legal counsel to ensure efficient and compliant filing.<\/p>\n\n\n\n Importantly, upon filing any initial paperwork, file an Application for Waiver of Fees\/Appointment of Counsel Family<\/a> form if you cannot afford any of the fees associated with the divorce process. Court staff will confirm your eligibility to waive filing and service fees throughout the divorce process.<\/p>\n\n\n\n Pro Tip:<\/strong> The information below is perfect for you to get an overview of the divorce filing process and also use as a guide if you will be filing for divorce on your own. However, if you are using an attorney, their team will typically be taking care of these steps as part of their proper representation of you as a client.<\/p><\/blockquote>\n\n\n\n Before preparing your divorce forms, consider some \u201cif, then\u201d statements to prepare the correct forms. We\u2019ll explore the most complex possibility first: Divorces Without an Agreement.<\/p>\n\n\n\n Then, the plaintiff or their attorney should prepare the following forms:<\/p>\n\n\n\n Don\u2019t sign your summons until you\u2019re in the presence of a Clerk\u2019s Office employee. A Clerk will also sign the paperwork, and return it to you for service to your spouse (more on that later).<\/p>\n\n\n\n After your spouse has signed the paperwork and a State Marshall has returned it to you after service, return the original signed forms to the Clerk\u2019s Office with proof of service from the State Marshall and pay any applicable filing fees (or submit an approved fee waiver<\/a>).<\/p>\n\n\n\n Your case will be assigned a Resolution Plan Date, where you and your spouse will learn more about the current divorce process requirements and discuss your areas of disagreement. Before your Resolution Plan Date, you and your spouse should prepare separate Financial Affidavit<\/a> forms.<\/p>\n\n\n\n If you\u2019re still in disagreement at the end of the Resolution Plan Date, a Family Relations Counselor will assign a Case Date. During your Case Date, if you and your spouse have reached an agreement, a judge may be able to finalize your divorce on that day. If you haven\u2019t reached an agreement by your Case Date, a Pretrial Settlement Conference will be scheduled about 30 days after your Case Date. If you\u2019re not in agreement at the Pretrial Settlement Conference, the Trial Date (potentially the first of many) will be scheduled about 30 days after the Pretrial Settlement Conference.<\/p>\n\n\n\n At the end of the trial, both parties will sign a Dissolution Agreement<\/a>.<\/p>\n\n\n\n Then the plaintiff or their attorney should prepare the same forms as the Divorce Without an Agreement scenario above and an additional form: the Affidavit Concerning Children<\/a>. They should initially file, serve, and complete filing in the same fashion as the scenario above.<\/p>\n\n\n\n In addition, divorcing couples with children will need to participate in a parenting education program within 60 days after filing for a divorce. Parents should consult the List of Approved Programs<\/a> and prepare a Parenting Education Program Order, Certificate and Results<\/a> form to be submitted upon completion.<\/p>\n\n\n\n Divorces Without an Agreement involving minor children will proceed through the Resolution Plan Date, Case Date, Pretrial Settlement Conference, and Trial in the same fashion as cases without children (explained in the above section).<\/p>\n\n\n\n Then, the couple or their attorney(s) should prepare the following forms:<\/p>\n\n\n\nTypes of Divorce Laws in Connecticut<\/h2>\n\n\n\n
Nonadversarial Simplified Divorce (Uncontested)<\/h3>\n\n\n\n
Divorce With an Agreement (Uncontested)<\/h3>\n\n\n\n
Pros & Cons of Uncontested Divorce<\/h4>\n\n\n
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Divorce Without an Agreement (Contested)<\/h3>\n\n\n\n
Pros & Cons<\/h4>\n\n\n
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Residency Requirements in Connecticut<\/h2>\n\n\n\n
\n \t
Grounds for Divorce in Connecticut<\/h2>\n\n\n\n
Using a Connecticut Divorce Attorney<\/h2>\n\n\n\n
What Makes a Good Divorce Attorney?<\/h3>\n\n\n\n
How to Find a Good Divorce Attorney<\/h3>\n\n\n\n
Interview Questions for Divorce Attorneys<\/h3>\n\n\n\n
Is Initial Consultation Free?<\/h3>\n\n\n\n
Is the Meeting Confidential?<\/h3>\n\n\n\n
Pros of Using an Attorney<\/h3>\n\n\n\n
Cons of Using an Attorney<\/h3>\n\n\n\n
Filing for Divorce in Connecticut<\/h2>\n\n\n\n
Preparing Your Divorce Forms<\/h3>\n\n\n\n
If You\u2019re Filing for a Divorce Without an Agreement and You Don\u2019t Have Minor Children<\/h4>\n\n\n\n
If You\u2019re Filing for a Divorce Without an Agreement and You Have Minor Children<\/h4>\n\n\n\n
If You\u2019re Filing for Divorce With an Agreement and You Don\u2019t Have Minor Children<\/h4>\n\n\n\n