How Does the Divorce Process Work in Connecticut?

Few couples set out to have a divorce when they get married. However, divorce is a common occurrence that individuals go through. Knowing how the divorce process works in Connecticut can help you have more confidence about your future, as you have a general idea of what to expect. Suisman Shapiro Attorneys-at-Law can help you understand this process and the steps to take when you’re ready to file for divorce.

The specific process that applies to a case depends on whether the spouses have settled the major issues between them or have disputes over property, debt, alimony, custody, or child support. Connecticut also offers simplified procedures for some couples who meet certain conditions.

Determine Whether Connecticut Can Hear Your Case

Before a Connecticut divorce can be filed, the spouses must first determine whether Connecticut has jurisdiction over the action. Connecticut General Statutes § 46b-44 provides that a divorce decree ordinarily may be entered when one spouse has been a Connecticut resident for at least 12 months immediately prior to the filing date.

Another option is that a spouse either was domiciled in Connecticut at the time of marriage and returned with the intent to stay, or the grounds for divorce arose after a spouse moved to Connecticut.

The appropriate judicial district depends on the facts of the case. For example, southeastern Connecticut divorce matters can be filed in the New London Judicial District at 70 Huntington Street, New London, CT 06320. The courthouse serves the local communities, including New London, Groton, Waterford, and Norwich.

The Centers for Disease Control and Prevention reports that there is a divorce rate of 2.6 per 1,000 people in Connecticut. Another source shows 9% of men and 12% of women are divorced in Connecticut. They can both benefit from knowing the state’s divorce process.

File the Divorce

A traditional Connecticut divorce action begins when one spouse files a Complaint for Dissolution of Marriage, along with the other required family-law forms. The initial paperwork lays out who’s involved, details about the marriage, the legal basis for filing in Connecticut, and what the parties are asking the court to do.

It is generally required that one spouse be served with the divorce papers, unless they have waived this service through appropriate legal means. Connecticut’s divorce process also involves automatic orders that take effect when the action is filed and served on the other spouse, such as taking certain financial actions while the divorce is pending.

Respond to the Divorce Filing

The Connecticut court rules require the spouse who receives a divorce complaint to respond. The opposing party has the option to enter an appearance and, if warranted, submit a response or a counterclaim.

A cross-complaint gives the responding spouse the opportunity to make their own claims for relief. In many cases, the spouses agree that the marriage should end but disagree about issues. The divorce action can still proceed as a contested matter even though both parties want the marriage to end.

Hire a Divorce Lawyer

It is often highly recommended that divorcing spouses hire a Connecticut divorce lawyer. A divorce attorney handles preparing legal documents, assessing finances, discussing settlement options, and representing a client in court. Counsel can also help identify marital assets and debts that should be part of the divorce, review the proposed property division, and help understand the financial consequences of alimony and support terms.

In a contested divorce case, an attorney can respond to motions and make arguments on a client’s behalf at hearings or trial. In situations where both parties are in agreement, legal counsel can review their settlement and highlight any potential future complications. A lawyer can explain Connecticut divorce laws to you and how they apply to your specific case.

Resolve Issues Through Agreement or Litigation

Connecticut divorce cases are often resolved through negotiations rather than a trial. The spouses may negotiate directly, through counsel, or with a mediator. Issues typically discussed are:

• Parenting time
• Alimony
• Child custody
• Child support
• Property and debt division

If the parties reach a complete agreement, the terms can be submitted to the court for review. Connecticut law allows a written agreement to be incorporated into the divorce decree, subject to certain requirements.

Receive the Final Decree

A Connecticut marriage remains legally intact until a court formally dissolves it, regardless of separation or a signed settlement. The court must enter a decree that dissolves the marriage. The final divorce judgment establishes the legal terms of the divorce. After the judgment is entered, the parties are legally divorced and are required to follow the orders incorporated into it.

FAQs

Can I File for Divorce Without My Spouse Knowing?

You cannot necessarily file for divorce without your spouse eventually knowing. Proper legal notice to the other spouse must be given before a Connecticut court may hear a divorce case. It is not possible to file and complete a divorce without the other spouse’s knowledge in most cases. Even without the other spouse’s consent, the case can advance, provided the court has evidence of adequate notice being served.

Can Spouses Live Together While Getting Divorced?

Yes, spouses can live together while getting divorced. Connecticut does not generally require spouses to live separately during the divorce process. A couple may continue to live in the same residence while negotiating or litigating their divorce. However, living together can have consequences for financial issues, parenting, and the date of separation.

What Happens if My Spouse Refuses to Sign the Divorce Papers?

Your spouse’s failure to sign an agreement does not always prevent a divorce. The state recognizes irretrievable breakdown as a ground for dissolution, and one spouse does not have to agree that the marriage has ended. Still, refusing to cooperate could result in needing extra legal procedures and court appearances to work out financial, property, or parenting conflicts before the ultimate judgment.

What Documents Should I Gather When Filing for Divorce?

Documents to gather when filing for divorce include pay stubs, tax returns, bank statements, mortgage paperwork, retirement accounts, and insurance information. If you own businesses either jointly or alone, you want to gather any paperwork related to the business. Gathering these records in advance can help create an accurate financial picture.

Documentation concerning children, such as school, medical, and childcare records, may also be helpful when parenting is at issue.

Get the Answers You Need

Divorce is more than merely an emotional or personal choice. It is also a legal one. At Suisman Shapiro Attorneys-at-Law, our attorneys can help you with the legal side of things. Contact us today, and we can help you through the legal process.