Connecticut Divorce Procedures

Connecticut Divorce Procedures

Complete overview of Connecticut divorce laws for people considering a Connecticut divorce or filing a Connecticut divorce with issues to be resolved about child custody, child support, visitation and alimony.

Connecticut State Divorce Residency Requirements

In order to file your Complaint for Dissolution of Marriage in Connecticut, you must make sure the Superior Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the Connecticut residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:

A decree dissolving a marriage or granting a legal separation may be entered if:

a) One of the parties to the marriage has been a resident of this state for at least the twelve months next preceding the date of the filing of the complaint or next preceding the date of the decree; or

b) One of the parties was domiciled in this state at the time of the marriage and returned to this state with the intention of permanently remaining before the filing of the complaint; or

c) The cause for the dissolution of the marriage arose after either party moved into this state.

For the purposes of this section, any person who has served or is serving with the armed forces, as defined by section 27-103, or the merchant marine, and who was a resident of this state at the time of his or her entry shall be deemed to have continuously resided in this state during the time he or she has served or is serving with the armed forces or merchant marine. The Dissolution of Marriage is typically filed with in county in which the filing spouse lives.

(Connecticut General Statutes – Title 46b – Chapter 44)

Connecticut Grounds for Divorce

The Complaint for Dissolution of Marriage is the initial document filed with the Connecticut court. It is in this document that the filing spouse will request the court to terminate the marriage under certain specified grounds.

A decree of dissolution of a marriage or a decree of legal separation shall be granted upon a finding that one of the following causes has occurred:

No Fault Based Grounds:
a) The marriage has broken down irretrievably; b) the parties have lived apart by reason of incompatibility for a continuous period of at least 18 months.

Fault Based Grounds:
a) adultery; b) Fraud; c) wilful desertion for 1 year; d) seven years’ absence, during all of which period the absent party has not been heard from; e) habitual intemperance; f) intolerable cruelty (mental and verbal); g) imprisonment for a period in excess of one year; h) mental illness for at least 5 years.

Habitual intemperance shall be a sufficient ground if the cause of action is proved to have existed until the time of the separation of the parties.

Wilful desertion for one year is defined as total neglect of duty, the furnishing of financial support shall not disprove total neglect of duty, in the absence of other evidence.

Adultery” is defined as voluntary sexual intercourse between a married person and a person other than such person’s spouse.

(Connecticut General Statutes – Title 46b – Chapter 40)

Connecticut Uncontested Divorce

This information is an overview of the uncontested Connecticut divorce filing process and a summary of the divorce papers that are typically filed with the family law or domestic relations clerk. This overview is not intended to be an exact step-by-step guide for those “do it yourself divorce” filers, due to the fact that many cases are unique and the overview presented here is often not the only method of obtaining an uncontested divorce in Connecticut.

To divorce or legally separate in Connecticut:

a) either spouse must live there for at least twelve months before beginning the action; or
b) either spouse must be a resident for at least twelve months before the final divorce judgment is entered; or
c) either spouse must have been domiciled in the state and have returned with intention to permanently reside there before filing the complaint;
d) the cause of the action happened after either spouse moved into the state. In cases involving support, the dissolution of marriage is filed in the county where the plaintiff resides; in all other cases, the action may be filed in the county most convenient to both spouses.

Divorces happen in the Connecticut Superior Court. State courts in the state are organized in judicial districts and each district has at least one Superior Court. In divorce actions, the person filing is called the Plaintiff; the person responding is called the Defendant.

In Connecticut, grounds for divorce include No-Fault: a) Irretrievable breakdown of the marriage; and b) incompatibility and voluntary separation for 18 months with no reasonable prospect of reconciliation.

Fault grounds for divorce include: a) adultery; b) life imprisonment; c) confinement for incurable insanity for a total of five years; d) willful desertion and nonsupport for one year; e) seven-year absence; f) cruel and inhuman treatment; g) fraud, h) habitual drunkenness; i) commission/conviction of an infamous crime involving a violation of conjugal duty and imprisonment for one year.

Connecticut permits legal separation, and all the procedures that apply to divorce must be followed to obtain one. A legal separation means that the person is separated from his or her spouse, but neither party is free to remarry.

Connecticut permits a summary divorce when both spouses agree that their marriage is irretrievably broken and submit an agreement “concerning the care, custody, visitation, maintenance, support and education … and concerning alimony and disposition of property.”

In a divorce, the Plaintiff needs to prepare and file some or all of the following forms:

a) The Summons, which informs the Defendant of the divorce action and stipulates a return date by which he or she must enter an appearance if he or she desires to participate or contest the divorce action. The Summons and the Complaint must be served on the Defendant at least 12 days before the return date. The Complaint must be filed in the Superior Court at least six days before the Return Date. The Return Date marks the beginning of a 90-day “cooling off” period. Even if the spouse agree, the divorce cannot be entered for 90 days.

b) The Complaint, which gives the grounds for the divorce. The Complaint identifies the parties, their children, and stipulates what relief is sought. The Complaint and Summons are delivered together and are attached to a Notice of Automatic Orders, which prohibit dissipation of assets and stipulate that the parties exchange “complete [and] sworn financial statements within 30 days of the return date.” The clerk of the court assigns the Complaint a docket number, which is used on all other forms.

c) Motion for First Order of Notice and Order of Notice, which is filed if the Defendant is out of state or if he or she is served by registered or certified mail or publication.

d) The Appearance, which the Defendant may file in answer to the Complaint. By signing and filing the Summons, the Plaintiff enters his or her Appearance. The Defendant may or may not file an appearance but does if he or she plans to contest the action.

e) The Cross Complaint, which is filed on the same form as the Complaint. Even in a cooperative divorce, the Defendant may elect to file a Cross Complaint if 1) he or she wants a divorce; 2) the factual data on the Complaint is incorrect; 3) the Defendant seeks a different outcome than the relief sought by the Plaintiff; 4) the Defendant wishes to allege different reasons for the breakdown of the marriage; and/or 5) he or she disagrees that the marriage is irretrievably broken.

f) Application for Waiver of Fees, which is used when the Plaintiff cannot pay the filing fees, the sheriff’s cost of service and other required fees.

g) Affidavit Concerning Children, which is used in compliance with the Uniform Child Custody Jurisdiction Act (UCCJA). The affidavit identifies the parents and/or anyone who has had legal custody in the last five years, anyone who is involved in custody actions, and anyone who seeks custody or visitation.

h) Motions for Temporary Orders, which may be filed in connection with temporary spousal and child support when the parties cannot reach agreement by the themselves.

i) Case Management Agreement, which is used to track and schedule the divorce judgment hearing.

j) Judgment, which is signed by a judge and is the instrument that ends the marriage.

k) Financial Affidavits, which are filed by each spouse unless the Defendant spouse does not participate in the case.

l) Child Support Worksheet A, which is used when the combine net income of the mother and father are $1,750 a week or less.

m) Withholding Order for Support, which is used when child support and/or alimony are to be paid by means of wage withholding.

n) Advertisement of Rights, which is used if there is an order of child or spousal support whether or not there is third-party withholding.

o) Health Department form, which records the divorce for record keeping.

p) Military Affidavit, which is used by the Defendant if he or she does not enter an appearance. This affidavit certifies that the Defendant is not in the military and therefore not entitled to any protection of the Servicemembers Civil Relief Act.

q) Parenting Education Program – Order, Certificate and Results, which is used when the divorcing spouses have children and the court does not excuse the parents from mandatory parenting education requirement.

r) The Separation Agreement, which stipulates the terms and conditions of the division and distribution of the marital estate, its assets and liabilities.

s) Qualified Domestic Relations Order, which directs a plan administrator to pay a portion of a pension or profit sharing plan to the alternate payee.

In Connecticut, the Defendant may be served the Summons and Complaint in one of three ways. The are as follows:

a) Personal Service, which happens when the divorce papers are served by the High Sheriff in the county where the spouse resides. The Sheriff then returns the Return of Service, which is filed with the court and proves that the Defendant was properly served.

b) Service by certified or registered mail, which is used when the Defendant lives outside of the state. To use this method, the Plaintiff must receive permission of the court. This is accomplished by filing a Motion for First Order of Notice and Order of Notice. After receiving this order, the Plaintiff files the Complaint and Summons with the sheriff in his or her county of residence, and the sheriff in turn does the actual mailing to the Defendant.

c) Service by Publication, which can be used when the Defendant cannot or will not be located. This required a Motion for First Order of Notice and Order of Notice. After receiving the order, the Plaintiff may publish it in a newspaper once a week for two successive weeks. The newspaper may be in the area where the Defendant is likely to be living or his or her last known address. If Service by Publication fails to locate the missing spouse, the Defendant must file a Motion to Dispense with Further Notice.

During the 90-day “cooling off” period, the couple may continue to negotiate with each other. If they reach agreement, the action is uncontested, and the couple will obtain a judgment of dissolution of marriage. The couple negotiates a separation agreement stipulating the terms and conditions of asset and liability division, spousal and child support and visitation. This agreement becomes part of the record and is a court order. During the 90-day period, the Plaintiff may schedule an uncontested divorce hearing by filing a Case Management Agreement. If the Plaintiff does not file a Case Management Agreement before the case management date, both spouses have to appear for a case management conference, at which time the judge will set a hearing date. Both spouses need not appear at the divorce hearing, but it is recommended that they do to deal with any complications that may arise.

If the Defendant has not filed an Appearance and/or Cross Complaint, the marriage ends in a default judgment for the Plaintiff.

A divorce is said to be limited contested when only financial and property issues are in dispute and contested when visitation or custody are in dispute. The spouses must attend at case management conference where the judge will enter case management and schedule orders.

Connecticut Simplified Divorce Procedures

Proof of the breakdown of the marriage can be made by:

a) the spouses signing an agreement or statement that their marriage is irretrievably broken; or
b) both spouses stating in court that their marriage is irretrievably broken and submitting an agreement concerning the care, custody, visitation, maintenance, support, and education after custody of their children, if any, and concerning alimony and the disposition of any property.

[Connecticut General Statutes Annotated; Title 46b, Chapter 51].

Connecticut Property Division Factors

In Connecticut, the property and debt issues are typically settled between the parties by a signed Marital Settlement Agreement or the property award is actually order and decreed by the Superior Court within the Decree of Dissolution of Marriage.

Connecticut is referred to as an “equitable distribution” state. When the parties are unable to reach a settlement, the Superior Court will take the following approach to dividing the assets; First, it will go through a discovery process to classify which property and debt is to be considered marital. Next, it will assign a monetary value on the marital property and debt. Last, it will distribute the marital assets between the two parties in an equitable fashion. Equitable does not mean equal, but rather what is deemed by the Superior Court to be fair.

The following factors are considered by the court in determining the appropriate property distribution award:

a) length of the marriage;
b) the causes for the annulment, dissolution of the marriage or legal separation;
c) the age;
d) health;
e) occupation;
f) amount and sources of income;
g) vocational skills;
h) employability;
i) estate;
j) liabilities and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income. The court shall also consider the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates.

(Connecticut General Statutes – Title 46b – Chapter 81)

Connecticut Spousal Support/Maintenance/Alimony Factors

In Connecticut the support payments (if any) can certainly influence how the marital property distribution is awarded, which is why it can become a very intricate part of the final outcome of any divorce. Keeping this in mind, if you and your spouse are unable to reach and agreement on this issue, the Superior Court will order support from one spouse to the other on a case-by-case basis as follows:

The Superior Court may order award alimony to either party regardless of gender. In making this decision and for how long, the court will consider the following factors:

a) the duration of the marriage;
b) the causes for the termination of the marriage;
c) the age of the parties;
d) the health of the parties;
e) the occupation of the parties;
f) amount of assets and sources of income;
g) employment skills;
h) employability;
i) estate and needs of each of the parties and the award, in the case of a parent to whom the custody of minor children has been awarded, the desirability of such parent’s securing employment.

(Connecticut General Statutes – Title 46b – Chapters 82 and 86)

Connecticut Child Custody Factors

In Connecticut, the court when granting or modifying a custody order shall:

a) be guided by the best interests of the child, giving consideration to the wishes of the child if the child is of sufficient age and capable of forming an intelligent preference, provided in making the initial order the court may take into consideration the causes for dissolution of the marriage or legal separation if such causes are relevant in a determination of the best interests of the child, and

b) consider whether the party satisfactorily completed participation in a parenting education program established pursuant to section 46b-69b.

The parties must prove to the court that joint custody is in the best interests of a minor child where the parents have agreed to an award of joint custody or so agree in open court at a hearing for the purpose of determining the custody of the minor child or children of the marriage. If the court declines to enter an order awarding joint custody, the court shall state in its decision the reasons for denial of an award of joint custody.

(Connecticut General Statutes – Title 46b – Chapter 56 and 84)

Connecticut Child Support Factors

Either parent may be ordered to contribute child support, based on the following factors:

a) the financial resources of the child;
b) the age, health, and station of the parents;
c) the occupation of each parent;
d) the earning capacity of each parent;
e) the amount and sources of income of each parent;
f) the vocational skills and employability of each parent;
g) the age and health of the child;
h) the child’s occupation;
i) the vocational skills of the child;
j) the employability of the child;
k) the estate and needs of the child; and
l) the relative financial means of the parents.

Either parent may be ordered to provide health insurance for the child. There are official Child Support Guidelines. These guidelines are presumed to be correct unless there is a showing that the amount would be inequitable or inappropriate under the particular circumstances in a case.

[Connecticut General Statutes Annotated; Title 46b, Chapter 84].

Connecticut Grandparent’s Rights

Grandparent Rights to Visitation: Upon the court’s best judgment of facts of the case and the best interest of the child and subject to the conditions and limitations the court deems equitable. Title 46b, Section 46b-59 (C.G.S.A. §46b-59).

When Adoption Occurs: Grandparents may still get visitation after their natural grandchild is adopted.

Child Custody Statutes: Best interest of child considering:

a) wishes of the child, if of sufficient age; and
b) causes of the parents’ divorce as they may be relevant to the child’s best interest. C.G.S.A. §46b-56.

Parents May Choose: No

Connecticut Military Divorce Laws

A Connecticut military divorce creates several unique issues as compared to a typical civilian divorce, which is why specific state and federal laws and rules will apply.

Military Protection From Connecticut Divorce Proceedings

There are laws set up to protect active duty military members against being held in “default” from failing to respond to a divorce action. These laws were enacted to protect active military from being divorced without knowing it.

Under the Soldiers and Sailors Civil Relief Act, 50 UCS section 521 and in the discretion of the local Connecticut court, the divorce proceeding may be postponed for the entire time the active service member is on duty and for up to 60 days thereafter (This is typically the case when the active member is serving in a war). Also, this right to have the divorce proceedings postponed can be waived by any active duty member should he or she wish to get the divorce.

Serving an Active Military Spouse

The active duty spouse must be personally served with a summons and a copy of the divorce action in order for a Connecticut court to have jurisdiction over the active military member. In an uncontested case, the active duty spouse may not have to be served as long as he or she signs and files a waiver affidavit acknowledging the divorce action.

Residency and Filing Requirements

The typical military divorce filing requirements are as follows:

a) You or your spouse must reside in Connecticut
b) You or your spouse must be stationed in Connecticut

Grounds for Connecticut Military Divorce

The grounds for a military divorce in Connecticut are the same as a civilian divorce.

Dividing the Property

Along with the normal Connecticut property division laws, the federal government has enacted the Uniformed Services Former Spouses’ Protection Act (USFSPA) that governs how military retirement benefits are calculated and divided upon divorce. The USFSPA is the governing body that authorizes a direct payment of a portion of a military retirees pay to the former spouse.

The federal laws will not divide and distribute any of the military members retirement to the spouse unless they have been married 10 years or longer while the member has been active duty military.

Child Support and Spousal Support

In Connecticut, both child support and spousal support/alimony awards may not exceed 60% of a military member’s pay and allowances. The normal Connecticut child support guidelines, worksheets and schedules are used to determine the proper amount of child support to be paid.

Connecticut Child Support Guidelines

The Connecticut child support guidelines “at a glance” provides a quick reference to what applicable child support laws are considered and/or not considered when determining the appropriate Connecticut child support order.

Connecticut Child Support Guidelines

> Income Share Model *: YES
> Percent of Income Model *: NO
> Worksheets Available: YES
> Extraordinary Medical Expenses Add on: NO
> Childcare Add on: NO
> Secondary Education Support: NO
> UIFSA: NO

* The Income Shares Model: Connecticut child support is calculated by estimating the amount of support that would have been available to the child(ren) if the family had remained intact. This estimated amount is then divided proportionally to the parents according to each parent’s income. This is easily done by using the Connecticut child support worksheet and the estimated incomes are typically substantiated by past pay stubs or w-2s.

For example: If the father has a higher income than the mother, he would then be responsible for the greater portion of the child support obligation. Conversely, if the father has a lower income than the mother, he would then be responsible for the smaller portion of the child support obligation.

As a reminder, the child support obligation can manifest itself differently between a custodial and a noncustodial parent.

For example: It is not common for a custodial parent to be paying support to a non-custodial parent.

Connecticut Child Support Definitions

Definitions

1. “Allowable deductions” means average weekly amounts subtracted from gross income to arrive at net income, and are limited to the following:

a) federal, state, and local income taxes, based upon all allowable exemptions, deductions and credits;
b) social security taxes or, in lieu thereof, mandatory retirement plan deductions for an amount not to exceed the maximum amount permissible under social security;
c) medicare tax;
d) medical, hospital, dental, or health insurance premium payments for the parent and his or her legal dependents other than the child whose support is being determined, provided the parent provides the name of the insurer and the policy number;
e) mandatory union dues or fees, including initiation;
f) court-ordered alimony and child support awards for individuals not involved in the support determination, provided a deduction for such awards shall be allowed only to the extent of payment on any non-arrearage amounts; and
g) an imputed support obligation for a qualified child, as determined in accordance with subsection (e) of section 46b-215a-2a of the Regulations of Connecticut State Agencies.

2. “Arrearage” is synonymous with “past-due support” and means any one or a combination of the following:

a) court ordered current support or arrearage payments which have become due and payable and remain unpaid;
b)unpaid child support award amounts which have been reduced to a judgment or otherwise found to be due by a court of competent jurisdiction, whether or not presently payable; and
c)support due for periods prior to an action to establish a child support order, provided such amounts are based upon the obligor’s ability to pay during the prior periods if known or, if not known, on the obligor’s current ability to pay if known or, if not known, upon assistance rendered to the obligor’s child.

3. “Child” means an unemancipated individual whose parents have a duty to provide support, and includes “children” where the context so requires.

4. “Child care costs” means amounts expended for the care and supervision of a child whose support is being determined.

5. “Child support and arrearage guidelines” means the rules, principles, schedule, and worksheet established under sections 46b-215a- 1, 46b-215a-2a, 46b-21 Sa-3,46b-215a-4a, and 46b-215a5a, of the Regulations of Connecticut State Agencies for the determination of an appropriate child support award, to be used when initially establishing or modifying both temporary and permanent orders.

6. “Child support award” means the entire payment obligation of the noncustodial parent, as determined under the child support and arrearage guidelines, and includes current support payments, health care coverage, child care contribution, and periodic payments on arrearages.

7. “Current support” means an amount for the ongoing support of a child, exclusive of arrearage payments, health care coverage, and a child care contribution.

8. “Custodial parent” means the parent who provides the child’s primary residence.

9. “Dependent” means a spouse or child for whom a parent is legally responsible under state law.

10. “Deviation criteria” means those facts or circumstances described in section 46b-215a-3 of the Regulations of Connecticut State Agencies which may justify an order different from the presumptive support amounts.

11. “Gross income” means the average weekly earned and unearned income from all sources before deductions, including but not limited to the items listed in subparagraph (A) of this subdivision, but excluding the items listed in subparagraph (B) of this subdivision.

A) Inclusions

The gross income inclusions are:

a) salary;
b) hourly wages for regular, overtime, and additional employment up to a maximum of 52 total paid hours per week;
c) commissions, bonuses and tips;
d) profit sharing, deferred compensation and severance pay;
e) employment perquisites and in-kind compensation (any basic maintenance or special need such as food, shelter, or transportation provided on a recurrent basis in lieu of or in addition to salary or wages);
f) military personnel fringe benefit payments;
g) benefits received in place of earned income including, but not limited to, workers’ compensation benefits, unemployment insurance benefits, strike pay and disability insurance benefits;
h) veterans’ benefits;
i) social security benefits (excluding Supplemental Security Income (SSI)), including dependency benefits on the earnings record of an insured parent that are paid on behalf of a child whose support is being determined;
j) net proceeds from contractual agreements;
k) pension and retirement income;
l) rental income after deduction of reasonable and necessary expenses;
m) estate or trust income;
n) royalties;
o) interest, dividends and annuities;
p) self-employment earnings, after deduction of all reasonable and necessary business expenses;
q) alimony being paid by an individual who is not a party to the support determination;
r) regularly recurring gifts, prizes, and lottery and gambling winnings (except as provided in paragraph (B)(iv) of this subdivision); and
s) education grants (including fellowships or subsidies that are available for personal living expenses).

B) Exclusions

The gross income exclusions are:

a) support received on behalf of a child who is living in the home of the parent whose income is being determined;
b) federal, state and local public assistance grants;
c) earned income tax credit; and
d) the income and regularly recurring contributions or gifts of a spouse or domestic partner.

12. “Health care coverage” means any provision of the child support award that addresses the child’s medical or dental needs, and includes an order for either parent to:

a) provide medical or dental insurance for such child, or
b) pay all or a part of such child’s medical and dental expenses that are not: covered by insurance or reimbursed in any other manner.

13. “Husky Plan” means the plan to provide health care for uninsured children established under sections 17b-289 to 17b-304, inclusive, of the Connecticut General Statutes and section 16 of Public Act 97-1 of the October 29 Special Session, and includes:

a) the Husky Plan, Part A (also known as Medicaid) for children receiving assistance under section 17b-261 of the Connecticut General Statutes; and

b) the Husky Plan, Part B for children receiving assistance under sections 17b-289 to 17b304, inclusive, of theConnecticut General Statutes.

14. “Imputed support obligation” means a theoretical current support obligation computed for given children in accordance with section 46b-21 Sa-2a of the Regulations of Connecticut State Agencies, the amount of which obligation is used to determine the allowable deduction for a qualified child under subsection (e) of said section and to calculate arrearage payments under section 46b-215a-4a of the Regulations of Connecticut State Agencies.

15. “Low-income obligor” means an obligor whose current support obligation is generally determined without considering the other parent’s income, using the darker shaded area of the schedule.

16. “Net disposable income” means:

a) with reference to the custodial parent, the sum of the parent’s net income and the current support order; and
b) with reference to the noncustodial parent, the difference between the parent’s net income and the current support order.

17. “Net income” means gross income minus allowable deductions.

18. “Non-custodial parent” means a parent who does not provide the child’s primary residence.

19. “Obligor” means a parent who is ordered to make payments under a child support award.

20. “Presumptive support amounts” means the child support award components calculated under sections 46b-21 Sa-2a and 46b-21 5a-4a of the Regulations of Connecticut State Agencies, prior to consideration of the deviation criteria specified in section 46b-215a-3 of the Regulations of Connecticut State Agencies.

21. “Schedule” means the Connecticut Child Support Guidelines Schedule of Basic Child Support Obligations included in section 46b-21 5a-2a of the Regulations of Connecticut State Agencies.

22. “Shared physical custody” means a situation in which the noncustodial parent exercises visitation or physical care and control of the child for periods, substantially in excess of a normal visitation schedule. An equal sharing of physical care and control of the child is not required for a finding of shared physical custody.

23. “Split custody” means a situation in which there is more than one child in common and each parent is the custodial parent of at least one of the children.

24. “Worksheet” means the Worksheet for the Connecticut Child Support and Arrearage Guidelines, which is intended for use with all applicable instructions in sections 46b-215a-2a and 46b-2 1 Sa-4a of the Regulations of Connecticut State Agencies. The worksheet is included in section 46b-215a-5a of the Regulations of Connecticut State Agencies.

Connecticut Dissolution of Marriage Definitions

This collection of definitions will help clarify some unique characteristics to the Connecticut Dissolution of Marriage laws, process and paperwork which is filed with the court.

Filing Party Title:
Plaintiff

The spouse who will initiate the Dissolution of Marriage by filing the required paperwork with the court.

Non-Filing Party Title:
Defendant

The spouse who does not initiate the Dissolution of Marriage with the court.

Court Name:
Superior Court of Connecticut, County of ____________.

The proper name of the court in which a Dissolution of Marriage is filed in the state of Connecticut. Each jurisdictional court typically has a domestic relations or a family law department or division.

The state run office devoted to enforcing existing child support orders and collecting any past due child support.

Document Introduction:
In Re the Marriage of:

The lead-in verbiage used in the legal caption or header of the documents filed with the court. The introduction typically prefaces both spouse’s names.

Initial Dissolution of Marriage Document:
Complaint for Dissolution of Marriage

The title and name of the legal document that will initiate the Connecticut Dissolution of Marriage process. The filing spouse is also required to provide the non-filing spouse a copy of this document.

Final Dissolution of Marriage Document:
Decree of Dissolution of Marriage

The title and name of the legal document that will finalize the Connecticut Dissolution of Marriage process. This document will be signed by the judge, master, or referee of the court to declare your marriage officially terminated.

Clerk’s Office Name:
County Clerk’s Office of the Superior Court

The office of the clerk that will facilitate the Dissolution of Marriage process. This is the title you would address letters to or ask for when contacting the courthouse.

Legal Separation:

A legal separation may be granted on the following grounds:

a) irretrievable breakdown of the marriage;
b) incompatibility and voluntary separation;
c) adultery;
d) life imprisonment;
e) confinement for incurable insanity for a total of 5 years;
f) willful desertion and nonsupport for 1 year;
g) cruel and inhuman treatment;
h) fraud;
i) habitual intemperance (drunkenness); and
j) commission and/or conviction of an infamous crime involving a violation of conjugal duty and imprisonment for at least 1 year. There is no residency requirement noted in the statute.

[Connecticut General Statutes Annotated; Title 46b, Chapter 40].

Property Distribution:
Equitable Distribution

The applicable Connecticut law that will dictate how property and debt is to be divided upon Dissolution of Marriage.

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