By Neta, founder of SortMyDivorce · Published · Updated
12 months in Connecticut before the decree. The old 90-day wait was repealed in 2023, so what applies now depends on your route through the court. Connecticut does grant legal separation.
Connecticut divorces follow the same broad shape as elsewhere — file, disclose, negotiate or litigate, finalize — but a few Connecticut-specific rules change what's worth preparing for first.
| Residency requirement | One spouse must have lived in Connecticut for at least 12 months before the final decree (or before filing) — or was domiciled in CT at the time of marriage and returned intending to stay permanently, or the reason for the breakup arose after moving to CT. You can file before hitting 12 months, as long as it's met by the decree date (CGS § 46b-44). |
|---|---|
| Grounds | No-fault: irretrievable breakdown of the marriage (most common), or living separately due to incompatibility for at least 18 months. Fault-based grounds (adultery, desertion, cruelty, etc.) also exist under CGS § 46b-40 but are rarely used. |
| Waiting period | The old 90-day rule was repealed in 2023 (P.A. 23-46, amending Conn. Gen. Stat. §46b-67). What applies now depends on the route: a default judgment can enter at least 30 days after the return date where there was personal or abode service, or 60 days for other service; a contested trial cannot begin until 90 days after the return date. |
| Legal separation | Connecticut does grant legal separation. It settles the same questions a divorce settles — support, parenting and, depending on the case, property — but leaves the marriage in place, so neither spouse can remarry without a divorce. |
| If you were never married | Connecticut does not create common-law marriage, and living together gives neither partner property or support rights. Claims rest on agreements between you. A common-law marriage validly formed in a state that does create them is generally still recognised. |
| Where you file | Superior Court, in the Judicial District where you or your spouse lives. |
| Filing fee | Payable when you file your opening divorce document. Set by regulation and revised from time to time. A fee waiver is available if you cannot afford it. Filing fees are set by the court and change without notice: check the current schedule on the court's own website before you file, and ask about a fee waiver if the cost is a barrier. |
| Starting forms | Summons – Family Actions (JD-FM-3), Divorce Complaint/Dissolution of Marriage (JD-FM-159), and Notice of Automatic Court Orders (JD-FM-158). |
| Simplified option | Yes — Nonadversarial (Simplified) Divorce, for couples married 9 years or less with no children, no real property, combined assets under $80,000, no defined-benefit pension, no pending bankruptcy, and no restraining orders between them; no court appearance required. Connecticut does not recognize common-law marriage formed in-state, so unmarried cohabiting couples don't need a divorce to separate, though property/custody disputes still go through family court. |
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Connecticut is an 'all-property' equitable distribution state, which is unusual. In many states, only property acquired during the marriage is on the table; separate or inherited assets often stay untouched. In Connecticut, a court can, in principle, consider and divide any property either spouse owns, including assets brought into the marriage, inheritances, and gifts — regardless of when or how they were acquired. In practice, courts still weigh each spouse's individual contribution and the length of the marriage, but the starting point is broader than in most states, which makes early, honest disclosure of everything you and your spouse own more important here than in a 'marital property only' state.
Divorce cases are filed in the Superior Court, Family Division, in the judicial district where either spouse lives. The moment a divorce complaint is served, Connecticut's automatic orders take effect for both spouses without either side having to ask a judge — they generally restrain moving children out of state, dissipating marital or joint assets, cancelling insurance coverage, and similar changes, until the court says otherwise. Many first missteps in Connecticut cases are accidental automatic-orders violations, so it's worth reading them closely before you do anything financial once a case is filed.
Connecticut also has a minimum 90-day waiting period between the return date (the case's official start) and when a judge can enter a final decree, even in a fully agreed case. That period can be shortened or waived by the court for good cause, but it isn't automatic — if timing matters to you, confirm with your lawyer or the court clerk whether a waiver is realistic for your situation rather than assuming one.
Connecticut requires each spouse to file a sworn financial affidavit — a detailed, court-specific form listing income, expenses, assets, and debts — early in the case, and it gets revisited before any final agreement. Start pulling together what feeds that form now: recent pay stubs, the last two to three years of tax returns, statements for every bank, brokerage, retirement, and pension account, mortgage and property tax statements, and a list of debts. Because Connecticut can consider separate property too, don't leave out assets you think of as 'mine from before' — inheritances, premarital accounts, or gifted property — since those may still need to be disclosed even if you ultimately argue they shouldn't be divided.
Keep a folder of every letter that arrives once a case is contemplated or filed — from your spouse's attorney, from your own, or from the court. Connecticut's automatic orders and case deadlines (case management dates, disclosure deadlines, pendente lite motions) are often first communicated by letter, and a missed one can affect scheduling or leverage later. A simple, organized record of dates and quotes from those letters is worth far more during negotiation than a memory of 'I think they said 30 days.'
If you have minor children, Connecticut generally requires both parents to complete a parenting education program before a divorce can be finalized, and courts decide custody and access based on the best interests of the child. Child support generally follows the Connecticut Child Support Guidelines, primarily driven by both parents' incomes and the parenting schedule; self-employment or variable income is one of the more common sources of disagreement, so gather documentation of actual earnings, not just a stated salary, if that applies to your situation.
Alimony in Connecticut is discretionary rather than formula-driven — courts weigh factors like the length of the marriage, each spouse's earning capacity, age, health, and station in life, among others. Because there's no fixed calculation, the letters exchanged during negotiation — proposals, counteroffers, stated positions — often become the clearest record of how a number was actually reached.
Legal separation is available in Connecticut. It is a court proceeding, and in most respects it runs like a divorce: the court can settle support, parenting arrangements and, depending on the case, the division of property, and the resulting order binds both spouses.
What it does not do is end the marriage. People choose it for a range of reasons — health coverage, religious conviction, immigration status, or simply not being ready — and it leaves the door open to reconciling without starting over.
Two consequences follow. Neither spouse can remarry unless they later obtain a divorce, and modifying the order generally takes the court's approval rather than a private agreement between you. If you expect to divorce eventually, ask what converting the separation into a divorce involves here before you start.
Connecticut does not create common-law marriage. There is no number of years of living together that turns into a marriage here, and none of the divorce machinery on this page applies to a couple who never married — no property division, no spousal support, no residency requirement to satisfy, because there is nothing to dissolve.
What unmarried partners have instead are ordinary civil claims: whatever you agreed between yourselves, in writing or by clear conduct, and claims over property you actually hold jointly. These are argued like any other contract or property dispute rather than as family-law entitlements, and they turn on what can be proved.
One qualification runs the other way and matters. A common-law marriage validly formed in a state that does create them — Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas or Utah — is generally recognised elsewhere. A couple who met that state's test while living there, and later moved here, are married, and separating means divorcing. Children are unaffected either way: custody and child support are decided on the same basis whether or not the parents married.
1) Assemble the financial-affidavit documents before you're under deadline pressure — pay stubs, tax returns, account statements, and a debts list. 2) List everything either spouse owns, including separate and premarital property, and flag what you believe should or shouldn't be divided and why. 3) If a case is filed or about to be, read the automatic orders carefully and avoid financial or parenting moves that could look like a violation. 4) Get at least one consultation with a Connecticut family lawyer early — even a single meeting can clarify whether the 90-day period is likely to be waived in your case and what your local judicial district tends to expect. 5) From the first letter onward, keep every deadline and quoted position in one place, since Connecticut cases move through several formal check-ins (return date, case management date, financial affidavit deadlines) where being organized pays off.
At least one spouse needs 12 months of Connecticut residency by the time the decree is entered, or must have been domiciled here at marriage and returned to stay. You can file before that period is complete.
Most people file under the no-fault ground of irretrievable breakdown. If you're married 9 years or less, have no children, no real property, and combined assets under $80,000, check whether you qualify for the nonadversarial (simplified) process, which skips a court appearance.
For a standard case, file the Summons – Family Actions (JD-FM-3), Divorce Complaint (JD-FM-159), and Notice of Automatic Court Orders (JD-FM-158) with the Superior Court clerk in your judicial district, along with the filing fee (check the court's current fee schedule) or a fee waiver application (JD-FM-075). Nonadversarial filers use the Joint Petition (JD-FM-242) and related forms instead.
Have a state marshal deliver the paperwork to your spouse, or, if they're cooperative, have them sign a Certification of Waiver of Service along with an Appearance (JD-CL-12) so formal service isn't needed.
Both spouses must file a sworn Financial Affidavit (JD-FM-6) disclosing income, expenses, assets, and debts — this is required before any final agreement or hearing.
Connecticut requires both parents to attend a state-certified Parenting Education Program, generally within 60 days of filing, when the case involves children under 18.
A standard case has a 90-day waiting period from the return date before judgment can enter (waivable by request in some situations); nonadversarial cases can conclude in 35 days or less. Use this time to negotiate custody, support, and property division, or to prepare for a contested hearing.
If you and your spouse agree on all terms, you can often finalize by written agreement without a hearing; contested issues go before a judge at trial.
Once approved, the court enters the Dissolution of Marriage Judgment (JD-FM-177) and closes the case with the Entry of Judgment form (JD-FM-281), officially ending the marriage.
No — Connecticut is an all-property state, meaning courts can generally consider and divide any property either spouse owns, including some separate or premarital assets, not just what was acquired during the marriage. Confirm with a local lawyer how this applies to your specific assets.
The court can shorten or waive it for good cause, but it isn't automatic, even in a fully agreed case. Ask your attorney or the court clerk whether a waiver is realistic given your case's circumstances.
They're restrictions that generally take effect on both spouses as soon as a divorce case is served, covering things like moving children out of state, dissipating assets, or cancelling insurance, without either side needing to request them. Review them carefully before making financial or parenting changes once a case is filed.
A legal separation in Connecticut settles much of what a divorce settles — support, parenting and, depending on the case, property — and the order binds both spouses. The difference is that it does not end the marriage, so neither spouse can remarry without later obtaining a divorce. People use it for health coverage, religious reasons, immigration status, or because they are not ready to divorce. Changing the order generally requires the court's approval.
No. Connecticut does not create common-law marriage, and living together for any length of time gives neither partner property division nor spousal support. Unmarried partners rely instead on agreements between themselves and on claims over jointly held property, argued as ordinary civil matters. One important exception: a common-law marriage validly formed in a state that does create them — such as Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas or Utah — is generally recognised here, so that couple would need a divorce. Custody and child support apply regardless of marriage.
If you are in immediate danger, call 911. For support with domestic violence, contact CT Safe Connect at 1-888-774-2900 — 24/7, with text and chat. Nationally you can also reach the National Domestic Violence Hotline at 1-800-799-7233, or text START to 88788 if a call is not safe. For a mental health crisis, call or text 988.
Last reviewed August 2026. Researched and written by Neta, founder of SortMyDivorce. I am not a lawyer and this is not legal advice — laws, fees and forms change, so please confirm current details with the official sources above or a local family lawyer.
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