What is the process for filing for divorce in Connecticut?

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What is the process for filing for divorce in Connecticut?

By The Law Offices Of James A. Cuddy, LLC   |   Jan 29, 2025   |   Divorce

Filing for divorce in Connecticut involves several steps, and understanding the process can help you prepare for what lies ahead. Whether you are initiating the divorce or responding to a filing, knowing the basics will make the process less overwhelming.

Meeting residency requirements

Before filing, ensure you meet Connecticut’s residency requirements. One spouse must have lived in the state for 12 months before the divorce is finalized. Alternatively, residency applies if one spouse was domiciled in Connecticut at the time of the marriage and returned with the intention of living there permanently.

Filing the divorce paperwork

The process begins when one spouse files a Complaint for Divorce (also called a Dissolution of Marriage) with the appropriate Superior Court. Along with the complaint, the spouse must submit a Summons and other required forms, including a Notice of Automatic Court Orders. These orders prevent either spouse from selling property, incurring debt, or changing insurance policies during the proceedings.

After filing the paperwork, the court clerk assigns a docket number and a return date. The return date indicates when the responding spouse must file an appearance to participate in the case.

Serving the paperwork

The filing spouse serves the divorce paperwork to the other spouse. A state marshal typically handles this step. Proper service notifies the responding spouse of the divorce proceedings and gives them an opportunity to respond.

The waiting period and resolving issues

Connecticut requires a 90-day waiting period before finalizing a divorce. During this time, both spouses work to resolve issues such as property division, child custody, and support. If both parties agree, they may request a waiver of the waiting period for uncontested divorces.

Attending court proceedings

If disputes remain unresolved, the court schedules hearings or a trial. Each party presents their case, and a judge makes the final decisions. For uncontested divorces, the judge reviews the agreement and issues the divorce decree without a trial.

Divorce in Connecticut follows a structured process, and understanding each step can help you stay prepared.

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