Divorce Process in Connecticut: What to Expect?
How to Begin a Divorce Process in Connecticut?
To begin a divorce process in CT, the petitioner needs to conduct a thorough preparation: collect necessary information, define and obtain the required forms, get acquainted with the basic laws, complete the paperwork, etc.
“How do I start the process to get a divorce in CT?” is a common question for those who only contemplate the action. So, let’s figure out the main requirements together.
The prerequisites for starting the divorce process in Connecticut include:
- Establishing residency in CT for at least 12 months prior to filing according to C.G.S. § 46b-44.
- Gathering necessary paperwork such as birth certificates, driver’s licenses, tax returns, income information, property deeds, car titles, credit card and bank statements, mortgage statements, retirement plan data, life insurance policies, bills, and any other financial records.
- Recalling details related to aspects that will impact the divorce: date and location of marriage, prior divorces, children’s information, and custody preferences, grounds for requesting a divorce, details of shared and individual assets and debts, etc.
- Researching and having a basic understanding of relevant Connecticut divorce laws regarding property division (C.G.S. § 46b-81), alimony (C.G.S. § 46b-82), and child custody and support (C.G.S. § 46b-56).
- Deciding on the grounds for divorce in CT, which may be no-fault or fault-based as outlined in C.G.S. § 46b-40.
With these prerequisites met, you can officially start a divorce process by filling out the paperwork. The forms needed for the divorce process in CT vary based on your situation but generally require basic information about you mentioned in the list above. When the forms are filled out, you may initiate the process of divorce and follow the needed divorce steps one by one.
Step-by-Step Divorce Process in Connecticut
The standard Connecticut divorce process typically involves the following divorce steps:
Filing a Divorce Complaint (Dissolution of Marriage) form to open a case in family court and officially request a divorce judgment. This form establishes residency, details grounds for divorce, and makes claims related to finances, property, alimony, custody, etc. Mind that you will need to pay an obligatory court fee, which may vary from county to county but generally revolves around $350. Individuals who cannot afford divorce filing fees can waive them by completing and filing the Application for Waiver of Fees/Appointment of Counsel Family.
Serving the other party. One of the obligatory steps in the divorce process in CT is delivering the papers to your spouse to notify them of the dissolution request. In Connecticut, papers must be served in person by a state marshal or unrelated adult person, according to C.G.S. § 46b-45. The defendant may file an Answer or Cross Complaint in response.
Completing the mandatory 90-day waiting period before the divorce judgment can be granted as per C.G.S. § 46b–67. This cooling-off period provides a chance to reconcile or reach agreements.
Settling financial and familial matters. If you can reach agreements on all divorce-related issues, you can complete a Dissolution Agreement form and proceed with an uncontested procedure for divorce or even opt for an online divorce process. If you face any difficulties in resolving disputes, you can go through mediation. A judge can order you to mediate the case, or you can undergo it voluntarily.
Exchanging financial disclosures. Within 30 days of the Return Date, which is the first day of the waiting period, the parties should exchange the Financial Affidavit forms signed in front of an authorized person and file them with the court at least 5 days before the hearing.
Attending parenting education classes. Divorcing spouses with children must attend a parenting education program approved by the court within 60 days of the Return Date as part of the divorce process in CT.
Participating in the Case Management Process. The court sets the Case Management Date no earlier than the end of the waiting period. In fact, this is the date when the court reviews the case, determines its type (contested or uncontested), and sets a schedule for resolving your issues if needed or schedules the final hearing.
Taking part in court hearings. If your case is contested, you will need to attend several court hearings and undergo a prolonged process of mediation, negotiations, and resolutions with the attorneys. If you agree with your spouse on all the divorce-related terms and conditions and have an uncontested procedure for divorce, you will have a single brief hearing for the judge to ask a few questions, review the paperwork, and make rulings after assessing facts.
Receiving the final judgment from the judge. All the orders on your divorce are recorded in the Dissolution of Marriage (Divorce) Judgment form that formally grants the dissolution of marriage decree, provided all legal preconditions were met during your Connecticut divorce process.
Abiding by all rulings and arrangements established in the divorce judgment. Any modifications due to changes in circumstances must be petitioned through proper legal channels.
This 10-step overview is only an outline of the standard divorce process in CT. However, every case has unique financial and familial complexities that impact timeframes and specifics. An attorney can help you understand what is the process of divorce better and navigate the complex legal and emotional landscape if you have familial disputes. If you are in agreement, our service will be glad to provide you both with the paperwork and the instructions on how to proceed with the court process.
Mutual Divorce Process in Connecticut
Connecticut allows a streamlined procedure for divorce called nonadversarial dissolution of marriage when both spouses agree completely on all aspects and meet certain conditions, including but not limited to:
- The couple meets the state’s residency requirement.
- Both parties attest that their marriage is irretrievably broken.
- The marriage lasted not more than 9 years.
- The couple has no children, and neither spouse is pregnant.
- Neither party has an interest or title in real property, a defined pension plan, and a pending petition for relief under the United States Bankruptcy Code and/or another action for dissolution of marriage.
- The total value of the owned property does not exceed $8,000 (C.G.S. § 46b-44a).
So, what is the process of divorce if the spouses agree to file jointly? Overall, the mutual divorce process in Connecticut involves the following divorce steps:
- Collaboratively completing all paperwork together with agreed-upon terms.
- Filing documentation.
- Attending the mandatory hearing 91+ days later as an uncontested, amicably divorcing couple.
- Receiving the final judgment terminating marital status if the judge finds that all the requirements are fully met.
This simpler legal path requires cooperation, compromising on all divorce matters upfront with no changes down the road. It also allows an online divorce process, which can be even faster. Understanding Connecticut divorce processes can help make negotiations more informed.
FAQ
The divorce process in CT involves filing paperwork, serving your spouse, waiting 90 days, participating in financial/custody mediation proceedings as needed, attending hearings to settle disputes, receiving the final divorce judgment, and following all ruling terms.
You start the divorce process in Connecticut by establishing 12 months of CT residency, gathering needed documents, researching relevant laws, choosing divorce grounds, completing forms with requests, and filing the complaint in court.