Online Divorce in Connecticut

Some divorced couples wonder if there are alternatives to typical litigation to finalize their divorce. In some cases, an online divorce may be a viable option. Online divorce in Connecticut might be appropriate for spouses with relatively straightforward circumstances and sufficient cooperation to agree on the terms of the divorce. However, there are still requirements to make this happen.

Understanding Online Divorce

Online divorce can mean a variety of different things. Some companies sell software or document-preparation services that help spouses fill out divorce forms. Other services market packages that allow customers to get help with parts of the process.

Online divorce services are not a substitute for the court system in Connecticut. To be valid, a divorce must follow Connecticut divorce law and end in a court judgment before a marriage is legally over.

Connecticut does allow electronic filing for many cases in Superior Court. The Judicial Branch has an e-filing system for attorneys and self-represented parties to use. Electronic filing is available for eligible cases in many Connecticut courthouses. However, it’s worth noting that e-filing is not the same as an online divorce. E-filing is a way to submit court documents, while an online divorce service can help prepare them.

When an Online Divorce Works

Online divorce may be possible when both spouses agree that the marriage should end and can work out a complete agreement about the issues that need to be decided.

A relatively simple case might have few assets and debts, no complex business interests, and no significant disagreements about support or property. Couples who can communicate with each other effectively may also be better able to use these simpler online services.

Connecticut has a special non-adversarial dissolution process for couples who meet certain statutory requirements.

According to divorce laws, Connecticut General Statutes § 46b-44a, a joint filing under this expedited process requires couples to meet various criteria, including only being married for a specified period of time, regulations regarding pregnancy, and having no children together. With this process, a couple can get a divorce in 35 days or less.

However, qualifying for an online document service does not necessarily mean that a couple also qualifies for the non-adversarial divorce process in Connecticut.

When an Online Divorce Doesn’t Work

An online divorce service might not work well for a case with important disagreements or complicated financial situations. An online divorce may not be appropriate if the spouses cannot agree on certain issues such as:

• How to divide property
• Who is responsible for debt
• Who should pay child support or alimony, and how much
• Parenting plans

Additionally, if the couple has complex assets, an online divorce may not be the most appropriate option. This includes stocks, businesses, investments, and real estate properties.

Online forms can also lead to problems when one spouse does not fully understand the agreement they are signing. A settlement that may look simple can have long-term consequences on future rights.

When to Hire a Divorce Lawyer

The Centers for Disease Control and Prevention reports that there are 2.6 divorces for every 1,000 people in Connecticut. Another report claims that in Connecticut, 12% of women and 9% of men are divorced. While some of these may be able to file an online divorce, others may require more in-depth litigation. No matter what option you choose, it is beneficial to hire a Connecticut divorce lawyer.

A Connecticut divorce attorney can review a settlement made with an online-generated agreement and point out provisions that could have consequences on a person’s personal and financial future. When a divorce is disputed, a lawyer can step in to negotiate with the other party, handle the discovery phase, draft legal motions, and present evidence before a judge.

When a divorce is uncontested, a legal professional can dedicate their efforts to examining the settlement terms and clarifying their legal consequences to try to help the case remain uncontested. If it does become contested, the divorce may be heard in court. For southeastern Connecticut residents, divorce matters can be filed through the New London Judicial District at 70 Huntington Street, New London, CT 06320.

FAQs

Is an Online Divorce Legal in Connecticut?

Yes, an online divorce is legal in Connecticut. The key issue is not where or how you prepare the paperwork but whether the divorce is obtained through the Connecticut court system. The marriage is not legally over because the spouses have filled out forms on an internet platform. Documents must be filed with the court, and a judgment must be entered dissolving the marriage.

Can I Use Online Forms if My Spouse Lives in Another State?

You may be able to file online forms if your spouse lives in another state. The location of the other spouse does not necessarily bar the use of online tools to prepare Connecticut divorce papers. Connecticut must have jurisdiction over the divorce, and the other spouse must receive adequate legal notice of the case. The service requirements vary depending on where the other spouse is located.

Can Both Spouses Complete an Online Divorce Together?

Spouses technically can complete an online divorce together. Spouses can cooperate to prepare papers and to agree to the terms of an uncontested divorce. However, the spouses remain separate parties to the legal action. There are forms to be filled out by both spouses, and they do not receive legal advice in the process from the online filing.

Can I Correct an Online Form After Filing?

A mistake on a filed divorce form does not automatically require starting the case over. Depending on the nature of the error and the stage of the proceeding, a party may be able to amend or correct the filing by following the proper court procedure. Errors should be corrected in the next filing rather than perpetuated in subsequent documents.

Choosing Suisman Shapiro Attorneys-at-Law

Suisman Shapiro Attorneys-at-Law has represented individuals and families in eastern Connecticut for more than 80 years.

The firm started as a general practice and later developed into a legal practice with attorneys focusing on specific areas of the law, including family law. Its Connecticut family law attorneys have experience with divorce, custody, support, and property-related matters for clients in the region. We can help you in your divorce case. Contact us today for assistance.