The Difference Between a Divorce and an Annulment in Connecticut

Per Connecticut family law, the judicial branch solemnizes marriages between eligible individuals in Connecticut. Nonetheless, following a petition for divorce or annulment, the court has the authority to free the parties from the bonds of matrimony. Records of the filing, court proceedings, and final decree are public information unless otherwise prohibited by a court order or statute.

What is a Connecticut Divorce Decree?

A divorce decree is a legal document or order that dissolves a marriage in Connecticut. From the date of issuance, the court effectively terminates the marriage contract. The divorce decree implies that the parties revert to their original social and legal status before the solemnization. Furthermore, both parties may remarry legally.

Family court documents typically encompass marriage and divorce records. Both types of records contain information considered very personal to the parties involved, and it is recommended that those parties maintain these records carefully to make future changes. The personal nature of these records makes them considerably more challenging to find and obtain than other public records. In many cases, these records are unavailable through government sources or third-party public record websites.

What is an Annulment in Connecticut?

Annulment is a less common way to end a marriage in Connecticut. Here, the judiciary effectively voids an invalid marriage from the start. Couples may file for annulment on several grounds, such as consanguineous marriage, marriage under duress, by compulsion, threat, or force. Likewise, marrying a legally ineligible person to make such a decision is prohibited and grounds for annulment. Annulment begins when a petitioner completes and submits the annulment complaint.

Annulment records are available to the public, according to Connecticut sunshine laws. However, these records are usually accessible at the office of the clerk at the court that adjudicated the petition. However, the record custodian may sequester annulment records that contain confidential information from public access, e.g., information on a minor.

Annulment vs. Divorce in Connecticut

Both terms are intrinsically different but arguably share a few similarities. As a civil suit, both complaints follow the Connecticut Rules of Civil Procedure, and a court judgment frees both parties from the bonds of matrimony.

Meanwhile, any couple whose marriage is recognized under state laws can apply for a divorce. Conversely, an annulment does not typically apply to every couple. Only petitioners who can prove that the marriage is indeed void or voidable will receive an annulment in Connecticut. Besides, anyone can initiate a divorce suit at any time, but a person filing for annulment is required to do so when they discover that the marriage is void or voidable. Otherwise, the court will consider failure to file as implicit, and the court may investigate this motive in adjudicating the annulment.

Is an Annulment Cheaper Than Divorce In Connecticut?

Not necessarily. Divorce, for the most part, is comparatively cheaper to file and may be adjudicated once the parties meet statutory requirements and settle out of court. Conversely, the cost of an annulment is significantly higher. Apart from meeting statutory residency requirements, the petitioner must prove that the marriage is void or voidable. To do this, they are required to produce corroborating evidence such as a medical report, results of a genetic test, and other pieces of evidence applicable to the case. The cost of this investigation compounds the legal billable fees in an annulment proceeding.

What is an Uncontested Divorce in Connecticut?

An uncontested divorce is one where both parties agree that the marriage is beyond reconciliation or agree on incompatibility in matrimony. To get an uncontested divorce, the petitioner is usually required to submit the divorce complaint, an equitable settlement agreement signed by both spouses, and other court forms applicable to the divorce type. The settlement agreement should detail the division of financial assets and liabilities as well as both parties’ agreement on the issues of child support, custody, and spousal support.

Where To Get An Uncontested Divorce Form in Connecticut

Generally, a divorce suit begins in the Superior Court of the county where one of the spouses resides. To get an uncontested divorce form, the requester may visit the clerk's office, which will provide the divorce form and other applicable documents to file. Alternatively, the concerned party may download the applicable divorce form on the official forms page. The judiciary also provides a guide for getting an uncontested divorce in Connecticut.

For interested members of the public, accessing records of an uncontested divorce is no different from getting a court record. However, information and documents in the divorce record that contain sensitive data are subject to sequestration or redaction. Where the clerk does sequester a divorce record, only individuals named on the divorce record and their legal designees may access the divorce record. Other persons may be required to provide a court order granting access to the divorce record. Even then, the clerk will likely redact sensitive data before allowing the inspection and copying of the divorce record.

Records that are considered public may be accessible from some third-party websites. Aggregate sites are generally a convenient alternative for inquirers searching for multiple records across several US districts. To search these databases, however, users are typically expected to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state in which the person resides or was accused

Third-party sites are operated independently of government sources. Consequently, the validity and accuracy of the information provided by these sites may not be guaranteed.

How Do I Get a Copy of My Divorce Decree in Connecticut?

Interested parties may use the court directory to find the address and contact information of the clerk of the Superior Court that adjudicated the divorce. Then, they may visit the courthouse in person and during business hours to get a copy of the divorce decree.

The clerk or the designated official in charge of managing court records will request descriptive information regarding the divorce decree. Some of these include the names of the divorcees, the date of final divorce, and the docket number. Upon successful retrieval, the requester must pay the applicable fees for searching, copying, and certifying the divorce decree. The clerk’s office accepts cash, checks, and credit cards as forms of payment.

Divorce and marriage records may be available through government sources and organizations, though their availability is not guaranteed. Similarly, their availability through third-party websites and companies is not guaranteed, as these organizations are not government-sponsored, and record availability may vary. Finally, marriage and divorce records are considered extremely private due to the information they contain and are often sealed. Bearing these factors in mind, record availability for these types of records is not guaranteed.

How Do I Get a Connecticut Divorce Decree Online?

As of December 2020, the Superior Courts in Connecticut do not process online requests for divorce decrees. Thus, inquirers will need to query the clerk’s office in person to obtain these documents.