How to File For Divorce in Connecticut

According to the United States Census Bureau, at 6.8 per 1000 residents in 2018, the divorce rate in Connecticut does not differ significantly from the national rate of 7.7 per 1000 Americans. Divorce filings in the state typically begin and end in the family court division of the judiciary. Generally, the Connecticut courts finalize divorces within six (6) months, but granting a divorce may take longer depending on the caseload and the nuances in the proceeding. 

Do I need a Reason for Divorce in Connecticut?

No. Connecticut generally categorizes divorce into two types: divorce after death and divorce by decree. Regarding the latter, the state enumerates ten (10) grounds for divorce. Of these, an intending divorcee may file on no-fault grounds, i.e., the marriage has broken down due to irreconcilable differences. A petitioner need not provide additional information when filing on this ground (Conn. Gen. Stat. § 46b–40(c))..

Why do I need a Divorce Lawyer?

Divorce proceedings tend to be adversarial, and it is common for parties sometimes to employ underhanded tactics for financial or custodial advantage. Thus, a defendant should strongly consider hiring an attorney if the other party hires one. If one cannot afford a divorce lawyer, one should consider consultations where the lawyer examines the case and proffers legal advice. While not a universal law, one of the worst decisions to make in a divorce filing is to seek legal advice from individuals who have gone through a divorce. No two divorces are the same for the reasons discussed in this section.

How do I Get Started in a Divorce in Connecticut?

Before going to court to file a complaint,  petitioners are advised to ensure that their filing complies with  Connecticut laws. Per Conn. Gen. Stat. § 46b–44, one or both parties must be permanent residents in Connecticut or have an established residence for at least twelve months. The state understands this requirement may be impractical in some scenarios, e.g., domestic violence. Therefore, it allows a person to initiate a divorce proceeding and request temporary relief pending meeting the residency requirement. Also, the law exempts petitioners whose spouses were residents of Connecticut before enlisting in the armed forces.

The general steps for filing a divorce in Connecticut involve:

• Court filings: Generally, the plaintiff fills out a set of court forms regarding divorce and files them with the clerk of the Superior Court. These include the divorce complaint and the other documents, depending on the divorce's circumstances. The judiciary provides a description of forms to file per case on the family forms section of the webpage. Furthermore, the plaintiff may need to pay the associated filing fees via the payment method accepted by the court and make photocopies of all filings.
• Completing service: Known as the Service of Process (SOP), this involves serving the defendant with a copy of the divorce complaint, a summons, and other court documents through a server. The server is often a state marshal, the local sheriff, a private process server, or an indifferent party. Servers also typically need to provide the plaintiff and the court with proof of service. If the divorce is uncontested, the defendant may complete an acceptance/waiver form, and the case proceeds to a court hearing.
• Discovery: Discovery applies in contested divorces, i.e., both parties do not agree on the grounds for divorce. Here, both parties are generally expected to share evidence and information. Hoarding information or evidence in a divorce results in court sanctions and may jeopardize the hoarder’s position.
• Mediation: Mediation may sometimes be required before a hearing in contested divorces. Both parties attend mediation sessions to resolve disputes such as child custody, support, alimony, and asset and debt division.
• Going to court: Upon completing the steps above, the plaintiff typically moves to schedule a date and time of hearing on the court calendar with the clerk. Most courts allow scheduling over the phone, but in-person scheduling may be necessary. Ask the court clerk about this policy when submitting the petition. Meanwhile, as mentioned earlier, a person may skip the last two steps and schedule a temporary hearing, where the court issues orders pending the final hearing. Also, a court hearing is unnecessary if both parties agree on all matters.

How do you File for Divorce in Connecticut without a lawyer?

Most district courthouses have court service centers that provide services for self-represented litigants. The Connecticut Network for Legal Aid also has several self-help booklets for certain family matters, including divorce, child custody, and support. Information in law libraries is also helpful.

How Does Connecticut Divorce Mediation Work?

Also known as alternative dispute resolution, parties in a divorce often have to complete a court-ordered mediation before the case proceeds to a court hearing. In a nutshell, mediation does not attempt to restore a marriage; it aims to help couples reach a middle ground regarding disputes with the help of a mediator. The mediator, an indifferent party, holds sessions with the parties separately and together to work out differences. 

Depending on the outcome, the mediator then prepares a divorce agreement or written summary of the points agreed on and presents it to the parties. Intending divorcees may then review the contents of the agreement or summary alone or with the help of a lawyer if represented. If there are any changes, reviews, or corrections, the mediator typically works with the parties to update the document. After concluding mediation, the case moves on to a court hearing before a judge. An advantage of mediation is that, if successful, the parties have a higher chance of avoiding a protracted divorce. Mediation may also help save legal fees. Nevertheless, it is important to know that the agreement or summary is not legally binding until revision and adjudication by a judge.

How Long After Mediation is Divorce Final in Connecticut?

It depends on how complicated the divorce is and how long it takes for spouses to reach an agreement. Mediation may be over in a few sessions spanning days or take several weeks, depending on how soon the couple reaches a middle ground on all or some disputes. In situations where mediation fails, cases generally eventually go to court, but the judge will have sole discretion in deciding the disputes.

Are Divorce Records Public in Connecticut?

Divorce records are public documents under the Connecticut Freedom of Information Act (FOIA). However, these records are subject to statutory and court-ordered restrictions if the contents of the record are deemed sensitive, confidential, or potentially injurious to the parties. In this case, the public requester cannot access divorce records without a court order; only authorized court personnel and eligible individuals may access sealed divorce records.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state or local agency, such websites may simplify the search process as they are not limited by geographic location. In addition, third-party sites typically have search engines that can be used for filtering specific or multiple record(s). To use third-party or government websites, interested parties may need 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 that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Therefore, the record results, availability, or accuracy cannot be guaranteed.

How do I Get Connecticut Divorce Records?

Generally, eligible parties can obtain records by visiting the Superior Court where the divorce suit was filed and adjudicated in person and during business hours. Inquirers typically have to submit a request describing the records sought with sufficient details to help court staff perform a search. This information typically includes the name of the parties, their attorneys, date of filing or adjudication, case number, and the name of the presiding judge. Courts also allow mail-in requests for divorce records that are available in the public domain. In most cases, requesters may need information on how to request records via mail on the court or county website.

Meanwhile, record custodians charge a nominal fee for searching and reproducing the divorce records sought. Requesters typically have to also pay any associated fees via the payment method accepted by the court. Furthermore, information on divorce filings is available to interested members of the public online. Visit the online repository and perform a search using the aforementioned required parameters.