Connecticut Divorce Records

In 2022, Connecticut recorded a divorce rate of 2.8 divorces per 1,000, exceeding the national average of 2.4 per 1,000 and representing a continued increase in divorces in the state. Data also suggests that these divorce rates tend to be generally higher among African American and Mixed populations compared to other ethnic groups.

Connecticut divorce records are created and maintained by Superior Courts across the state and are generally accessible to interested members of the public. These records are grouped into two main categories:

• Divorce Decrees: this is the actual court order that finalizes the divorce. Divorce decrees are also referred to as "Judgment Files" and they typically contain details like the names of the couple, the divorce date, and its terms, including property division, child custody, support, and alimony agreements. Divorce decrees may serve as official proof of the divorce for legal purposes.
• Divorce Court Files: this is the official court record that includes all filings, orders, evidence, and other documentation generated in relation to the divorce.

What Are the Residency Requirements for Divorce in Connecticut?

Per Connecticut General Statutes 46b-44, you may file for divorce in Connecticut after you or your spouse establish residency in the state. However, an order finalizing the divorce (divorce decree) can only be issued if the following requirements are met:

• Either spouse has lived in Connecticut for at least 12 months before the divorce papers were filed or before the date of the divorce decree.
• Either spouse lived in Connecticut at the time of the marriage and returned to the state intending to stay permanently before the divorce papers were filed.
• The reason for the divorce happened after either spouse moved to Connecticut.

What Are the Grounds for Divorce in Connecticut?

Connecticut allows for both fault and no-fault divorces. In a no-fault divorce, neither spouse has to prove that the other spouse did something wrong to cause the marriage to fail, while a fault divorce requires one spouse to prove that the other is at fault for the failure of the marriage. Under state law, divorces (fault and no-fault) may be granted in Connecticut for any of the following reasons:

• The marriage has broken down irretrievably
• The spouses have lived apart for at least 18 months due to incompatibility, with no reasonable chance of getting back together
• Adultery
• Fraudulent agreement
• Willful desertion/abandonment for one year with a total neglect of marital duties
• One spouse has been absent for seven years without any contact
• Habitual intemperance
• Intolerable cruelty
• One spouse is sentenced to life in prison or committed a serious crime that violates marital duties and is punishable by more than one year in prison
• One spouse has been legally confined to a mental institution for at least five years within the six years before the divorce was filed

How Much Does It Cost to File for Divorce in Connecticut?

The average cost of a divorce in Connecticut is $12,360 per person. While this is considerably above the national average of $9,970, it is lower than the average cost in nearby New York ($13,835) but similar to costs in Massachusetts ($12,200).

Actual divorce fees vary on a case-by-case basis but generally include a filing fee of $360 and other associated expenses, such as:

• Attorney fees
• Divorce mediation costs
• Family therapy/parent counseling
• Joint debts and property division
• Forensic accounting fees
• Spousal and child support calculations
• Relocation expenses

How Long Is the Waiting Period for Divorce in Connecticut?

As stipulated by Connecticut General Statutes 46b-67(a), there is a 90-day waiting period after divorce papers are filed in Connecticut before the court may proceed with the case and issue an order granting the divorce. However, this waiting period may be extended or reduced in certain situations, such as if the divorce complaint is amended, for conciliation purposes, or if the couple meets the eligibility criteria for a simplified divorce.

Note that the waiting period is not the same as a separation period, which usually refers to the duration a couple must live apart before they can proceed with a divorce. Separation is not required before divorce in Connecticut, and couples may file (for divorce) without being legally separated first.

How To File for Divorce in Connecticut?

Connecticut utilizes a "pathways process" in divorce cases designed to streamline the overall procedure based on the complexity of the case. To this end, the state offers four divorce options:

• Nonadversarial (simplified) divorce: here, both parties agree to the divorce and also meet specific eligibility criteria, such as being married less than nine years and having no children. Court attendance is not required for this option and divorces may be granted within 35 days.
• Divorce with agreement: here, both parties agree on all terms (uncontested). Court attendance may not be required.
• Default Divorce: here, one spouse does not respond to the divorce complaint, allowing the court to proceed without their participation. This is also an uncontested divorce.
• Divorce without agreement: this is a contested divorce, and court intervention is usually required to resolve issues.

Filing for divorce in Connecticut generally involves the following basic steps:

• Confirm that you or your spouse meet the state's residency requirements – while you may file any time after either of you have established residency in Connecticut, certain conditions must be met before the divorce decree can be issued.
• File the necessary paperwork (depending on the divorce option) at the Superior Court in the judicial district where you or your spouse resides.
• Serve the divorce papers. Your spouse typically has 30 days to respond (you may proceed with a default divorce if they don't).
• Complete the waiting period. During this time, you may be required to attend mediation sessions. If you and your spouse agree on all issues, you may prepare a settlement agreement for court approval. However, if the divorce is contested, a trial will be scheduled.
• Once all matters are resolved (mutually or by court decision), the judge will issue a divorce decree.

The Connecticut Judicial Branch offers free online access to various divorce-related resources that you may use to get more insight into the state's divorce process. You may also direct queries on this subject to your local Court Service Center.

Are Divorce Records Public in Connecticut?

Divorce records in Connecticut are generally considered public and may be accessed by any interested party under the state's Freedom of Information Act. However, certain information contained in some of these records, such as information related to battered women or sexual assault victims, as well as sealed divorce records, are deemed confidential and restricted to specific authorized parties.

How To Get Certified Copies of a Divorce Decree in Connecticut?

Connecticut divorce decrees (judgment files) are official court documents that finalize a divorce proceeding. These documents may be used as legal proof of the divorce, similar to divorce certificates in other states.

You may obtain certified copies of Connecticut divorce decrees from the Judicial District Clerk's Office in the Superior Court location where the divorce was granted. You will typically need to provide the case name and docket number (you may obtain this information online via the state judicial branch's case lookup portal) and pay a $25 fee per copy. Processing times may vary by location, so it is advisable to contact the clerk's office beforehand to get specific information on this.

Divorce Settlement: Is Connecticut a 50/50 State?

Connecticut takes an equitable distribution approach when dividing property during a divorce. This means that the property is not necessarily split equally (50/50) between the couple; instead, several factors are considered to ensure that each party gets an amount that is fair (equitable). These factors include:

• The length of the marriage
• The reasons for the divorce
• Each spouse's financial situation, future earning potential, and contribution to the value of the property being divided

It is worth noting that Connecticut does not distinguish between marital property (assets and debts acquired during the marriage) and separate property (assets and debts owned individually before the marriage or received as gifts or inheritances) during property division. Under state law, a court may assign any part or all of one spouse's estate to the other when granting a divorce.

FAQs about the Divorce Process in Connecticut

Here are answers to commonly asked questions about the divorce process in Connecticut.

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