How to File for Divorce in Connecticut: Residency, Grounds & Waiting Period

If you are thinking about ending your marriage in Connecticut, the process starts with filing a complaint for dissolution of marriage in the Connecticut Superior Court and paying a $360 filing fee. Before you file, though, you need to confirm that Connecticut has legal authority over your case — and you need to choose the right grounds. This guide covers those rules in plain language, step by step, so you know what to expect before you walk into the courthouse.

Does Connecticut Have Jurisdiction Over Your Divorce?

Connecticut courts cannot dissolve a marriage unless the case meets at least one residency condition under Conn. Gen. Stat. § 46b-44. One of the following must be true:

• At least one spouse has lived in Connecticut for 12 months — that clock can run either before you file or before the court issues its final decree, so you do not necessarily have to wait until you hit 12 months before starting the paperwork.
• One spouse was domiciled in Connecticut when the marriage took place and has since returned to Connecticut intending to remain permanently.
• The cause of the dissolution arose after one spouse moved to Connecticut — for example, if the events that ended the marriage happened while living here.

If none of these apply, a Connecticut court may not be the right venue. Contact your local Superior Court clerk's office if you are unsure.

Grounds for Divorce in Connecticut

Connecticut law (Conn. Gen. Stat. § 46b-40) recognizes both no-fault and fault-based grounds for dissolution.

No-Fault Grounds (Most Common)

• Irretrievable breakdown of the marriage. This is the most widely used ground. You are telling the court that the marriage has broken down with no reasonable prospect of reconciliation. You do not need to prove any wrongdoing by either spouse.
• Living apart due to incompatibility for at least 18 continuous months. If you and your spouse have separated and lived apart for 18 uninterrupted months because of incompatibility, that separation itself qualifies as a ground for dissolution.

Fault-Based Grounds

Connecticut also allows fault grounds, including adultery, willful desertion for one year, and intolerable cruelty, among others. Fault grounds generally require you to prove the allegation, which makes the case more complex, time-consuming, and expensive. For most people, the irretrievable-breakdown ground is the simpler and more practical choice. Speak with a Connecticut family law attorney if you believe a fault ground is relevant to your situation.

The 90-Day Waiting Period

Time-sensitive: Under Conn. Gen. Stat. § 46b-67, a dissolution action cannot be heard or finalized until 90 days after the return day listed on the complaint. The "return day" is a court-designated date tied to service and filing. In practical terms, even a fully uncontested divorce will take at least three months from the point you properly initiate the case. If you have an urgent financial, housing, or custody concern, be aware of this mandatory window from the start.

Two Paths: Standard Dissolution vs. Simplified Dissolution

Standard Dissolution

Most divorces proceed through the standard Superior Court process. You file the complaint, serve your spouse, exchange financial disclosures, and either negotiate a settlement agreement or go before a judge for trial. This track handles cases involving minor children, real estate, retirement accounts, business interests, spousal support, or any issue either party contests.

Simplified (Nonadversarial) Dissolution

Connecticut also offers a streamlined option under Conn. Gen. Stat. § 46b-44a et seq. for couples who meet strict eligibility requirements — generally a shorter marriage, no minor children, and limited property. If you qualify, the process is faster and less formal. Review the current eligibility criteria on the Connecticut Judicial Branch website before assuming this track applies to you; the requirements are specific and must all be met.

Automatic Orders: What Takes Effect the Moment You File

As soon as a dissolution complaint is filed, automatic orders take effect for both spouses under Connecticut Practice Book § 25-5. These orders are not optional and apply immediately without a separate court ruling. They generally prohibit:

• Selling, transferring, hiding, or otherwise dissipating marital assets
• Canceling insurance policies or changing beneficiary designations
• Taking minor children out of state without the other parent's written consent or a court order

Violating the automatic orders can seriously harm your position in the case. Read them carefully as soon as you file or are served.

If You Have Minor Children

Parenting Education Program

When minor children are involved, Conn. Gen. Stat. § 46b-69b requires both parents to complete a court-approved parenting education program as part of the dissolution process. This requirement applies in both contested and uncontested cases. The program focuses on helping parents understand how divorce affects children and how to support them through the transition. Registering early is wise — this requirement cannot be skipped, and delays in completing it can slow your case.

Child Support

Connecticut uses statewide child support guidelines established under Conn. Gen. Stat. § 46b-215a and the associated regulations to calculate a presumptive support amount based on both parents' incomes and other relevant factors. A court may deviate from the guidelines but must explain its reasoning. Once a child support order is entered, federal law — the Bradley Amendment, 42 U.S.C. § 666(a)(9)(C) — prohibits any court from retroactively reducing child support that has already come due. Past-due support cannot be erased by a later modification.

Domestic Violence: Protective Orders Are Available Now

You do not have to wait for a full divorce case to get legal protection. Conn. Gen. Stat. § 46b-15 allows a victim of domestic violence to apply directly to the Superior Court for a civil protective order (restraining order). In urgent situations, the court can issue an emergency ex parte order before the other party is even notified. Under federal law (VAWA, 18 U.S.C. § 2265), a valid Connecticut protective order must be given full faith and credit and enforced in every other state — so the protection travels with you if you or your abuser crosses state lines.

Military Divorces: Federal Protections That Apply in Connecticut

If either spouse is on active duty, two federal laws add important layers to any Connecticut dissolution proceeding:

• SCRA (50 U.S.C. § 3932): An active-duty servicemember whose military duties materially affect their ability to appear in court can request a stay of at least 90 days. This prevents a divorce, custody, or support judgment from being entered against a deployed spouse by default while they cannot meaningfully participate.
• USFSPA (10 U.S.C. § 1408): Federal law permits Connecticut courts to treat a servicemember's military retired pay as marital property and divide it in a divorce. However, direct payment to a former spouse through the Defense Finance and Accounting Service (DFAS) is only available when the couple was married for at least 10 years while the servicemember completed at least 10 years of qualifying service — the "10/10 rule." The federal statute does not set any 50/50 formula; how much the non-military spouse receives, if anything, is determined by Connecticut's property-division law.

What You Can Do in Connecticut Right Now

1. Confirm your residency. Verify that you or your spouse meets at least one condition under § 46b-44. Remember that the 12-month clock can run up to the date of the final decree, not just the filing date.
2. Choose your grounds. For most people, irretrievable breakdown (no-fault) is the simplest and least contentious option. Consult an attorney before choosing a fault ground.
3. Check simplified dissolution eligibility. If your marriage was short, you have no minor children, and your property is limited, review the § 46b-44a criteria on the Judicial Branch website to see if the streamlined track applies.
4. Gather financial records now. Connecticut courts require financial affidavits from both parties. Collect recent pay stubs, tax returns, bank and investment statements, mortgage documents, and retirement account information before you file.
5. Visit jud.ct.gov. The Connecticut Judicial Branch's website has the official dissolution forms, the current fee schedule (including the $360 filing fee), self-help center resources, and the list of approved parenting education providers.
6. Read the automatic orders immediately. The moment you file — or are served — Practice Book § 25-5 automatic orders are in effect. Understand what you cannot do with assets or children during the pending case before you take any financial action.
7. Register for the parenting education program early if minor children are involved. Both parents must complete it, and procrastinating on this requirement can delay your final hearing.
8. Seek a protective order first if domestic violence is present. Apply under § 46b-15 without waiting for the divorce case. A Connecticut order is enforceable nationwide under VAWA.

This article is general legal information for educational purposes only and is not legal advice; laws change and individual circumstances vary — consult a licensed Connecticut family law attorney for guidance specific to your situation.