Connecticut Divorce Laws (2026): Grounds, Residency, and Process

To divorce in Connecticut, at least one spouse must meet the 12-month residency requirement, and the most common ground is irretrievable breakdown of the marriage. No separation period is required for that ground. Cases are heard in the Superior Court.

Grounds for divorce in Connecticut

Connecticut recognizes both no-fault and fault-based divorce. The most widely used no-fault ground is that the marriage has broken down irretrievably, stated in a party's sworn complaint or cross-complaint under CGS 46b-40. The court does not require proof of fault and does not require the spouses to have lived apart before filing.

Connecticut also keeps traditional fault grounds. A spouse may allege adultery, fraudulent contract, willful desertion for one year with total neglect of duty, seven years of absence, habitual intemperance, intolerable cruelty, legal confinement for mental illness, or life imprisonment. Fault grounds are less common in practice, but they remain on the books and a court may consider fault when dividing property or setting alimony.

There is a third no-fault route: living apart by reason of incompatibility for a continuous period of at least the 18 months immediately prior to service of the complaint, with no reasonable prospect that the parties will be reconciled (CGS 46b-40(c)(2)). The clock runs to the date the complaint is served, not the date it is filed, and that distinction can move the qualifying date by weeks. This path is rarely used because it requires waiting out the separation, while irretrievable breakdown has no such requirement.

Residency requirement

At least one party must satisfy the residency rule before the court can grant a divorce under CGS 46b-44. The most common path is 12 months of residence in Connecticut before the final decree is entered (not necessarily before filing). Two shorter alternatives exist: domicile in Connecticut at the time of marriage followed by a return to the state, or a cause of divorce that arose after either spouse moved into Connecticut. The plaintiff files the complaint in the Superior Court in the judicial district where either spouse resides.

Waiting period and separation

Connecticut uses a docket-based timing rule rather than a strict day-count from filing.

On the regular family docket, CGS 46b-67(a) allows the court to proceed on the complaint following the second day after the date the complaint is made returnable (the return date is the court date stamped on the summons when the case is opened). There is no general 90-day wait that an agreed couple has to sit out. The 90-day figure in the statute is narrower than it is often described: no trial of a contested action for dissolution or legal separation may commence until at least 90 days after the return date.

Two other floors apply when the defendant never appears. A judgment on default of appearance cannot enter until at least 30 days after the return date where the defendant was served personally or by abode service, and where service was made in any other manner the judgment requires a hearing held at least 60 days after the return date.

The statute does provide one narrow way to shorten the regular-docket timeline, and it is not a mutual-agreement motion. Under CGS 46b-67(b), where the defendant has not appeared, the plaintiff may move for judgment on default of appearance no sooner than 30 days after the return date. The court may then waive the subsection (a) time periods and enter the decree without a hearing only if there were no children born to or adopted by the parties and neither party is pregnant, no restraining or protective order is in effect between them, the plaintiff is not requesting alimony or spousal support, and the parties have no jointly owned property or jointly held debt.

The nonadversarial track is faster, but it is far narrower than "uncontested." A nonadversarial dissolution is commenced by filing a joint petition rather than by serving a summons, so there is no return date on that track at all. The court assigns a disposition date not less than 30 days after the date the parties filed the joint petition (CGS 46b-44c(a)).

That route is open only to couples who can attest under oath to all eleven conditions in CGS 46b-44a(b): the marriage has broken down irretrievably; its duration does not exceed nine years; neither party is pregnant; no children were born to or adopted by the parties before or during the marriage; neither party has any interest or title in real property; the total combined fair market value of all property owned by either party, less any amount owed on it, is under $80,000; neither party has a defined benefit pension plan; neither has a pending bankruptcy petition; no other dissolution, legal separation, or annulment action is pending; no restraining or protective order between the parties is in effect; and the residency requirement of CGS 46b-44 is met.

A couple with a house, a pension, children, or a marriage longer than nine years does not qualify for the 30-day track no matter how amicable the split. Those cases go on the regular docket.

A separation requirement is a different concept entirely, and Connecticut largely avoids it. There is no separation requirement for the irretrievable-breakdown ground. The only time a separation period matters is if a spouse chose the 18-months-apart incompatibility route described above, but that is an alternative, not a prerequisite for the common no-fault path.

How property is divided

Connecticut is an equitable distribution state. That means a court divides marital property fairly, taking into account the circumstances of each case, rather than splitting everything down the middle. Connecticut is not one of the nine community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin), so there is no automatic 50/50 rule.

The court considers all property, including property brought into the marriage or received as a gift or inheritance, when fashioning an equitable award under CGS 46b-81. Relevant factors include the length of the marriage, the age and health of the parties, occupation and earning capacity, the causes of the breakdown, and the contribution of each spouse to the marital estate. A spouse's waste or dissipation of assets can also affect the outcome.

Separate property is not automatically off the table in Connecticut. The court has broad discretion to assign any property to either party as justice requires, which makes the distinction between marital and separate assets less absolute here than in some other states.

Alimony, custody, and child support

Alimony (called "alimony" in Connecticut statutes), custody, and child support are resolved as part of the divorce or in a related proceeding. A court may award temporary alimony during the case and permanent or time-limited alimony in the final decree. For details on how Connecticut calculates and awards spousal support, see the Connecticut alimony laws page.

Child custody is determined under the "best interests of the child" standard. Connecticut courts favor joint legal custody in most cases, though physical custody arrangements vary. For a full breakdown of parenting plans and the court's approach, see the Connecticut child custody laws page.

Child support in Connecticut follows the Income Shares model set out in the Child Support and Arrearage Guidelines. See the Connecticut child support laws page for current guideline worksheets and deviation criteria. Estimate your obligation with our Connecticut child support calculator.

How to file for divorce in Connecticut

The process follows several clear steps. First, confirm residency. One party must satisfy the 12-month residency requirement (or one of the two shorter alternatives) before the decree can enter.

Second, prepare and file the paperwork. The petitioning spouse (the plaintiff) files a Complaint for Dissolution of Marriage, a Summons (JD-FM-3), and a Notice of Automatic Orders (JD-FM-158) in the Superior Court clerk's office in the appropriate judicial district. Connecticut's Judicial Branch website provides self-help forms.

Third, serve the other spouse. The complaint and summons must be served on the defendant spouse, usually by a state marshal. The defendant has a set period to respond or appear.

Fourth, exchange financial disclosures. Both parties must complete a Financial Affidavit (JD-FM-6) and provide documentation of income, assets, debts, and expenses. This exchange must happen before any settlement or hearing.

Fifth, resolve or litigate. If the parties agree on all issues (property, alimony, custody, and child support), they submit a written settlement agreement for the court to approve. If they disagree, the matter proceeds through case management, mediation if ordered, and potentially a trial before a judge.

Sixth, obtain the final decree. Once the waiting period has passed and all issues are resolved, the court enters a Decree of Dissolution of Marriage. At that point the parties are legally divorced.

This article is general legal information, not legal advice. Divorce law varies by state and depends on the specific facts of your marriage. For advice about your situation, consult a licensed family-law attorney in Connecticut.

Related pages: Divorce Laws by State (hub) | Connecticut Alimony Laws | Connecticut Child Custody Laws | Connecticut Child Support Laws

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