Divorce in Connecticut: everything you need to know
This guide will take you through divorce laws and how much it costs to get divorced in Connecticut.
Summary
Connecticut has both “no-fault” and “fault” divorce.
The average cost of divorce in Connecticut is about $15,500.
In Connecticut, both divorce and legal separation require a 90-day waiting period.
A financial advisor can help you navigate your finances during a divorce and rebuild afterward.
What are the different types of divorce in Connecticut?
Connecticut offers has both "no-fault" and "fault-based" divorces.
A no-fault divorce is based on the irretrievable breakdown of the marriage, which means that the marriage has broken down beyond repair, and there is no hope of reconciliation. It does not require proving any wrongdoing or blame on the part of either spouse.
A fault-based divorce requires proving one of the grounds for divorce specified by the Connecticut General Statutes, such as:
Adultery
Fraudulent contract
Willful desertion for one year
Seven years’ absence without being heard from
Habitual intemperance
Intolerable cruelty
Imprisonment for a crime involving moral turpitude
Mental illness for at least five years
A fault-based divorce may be advantageous if you want to obtain a divorce faster. However, it may also be more costly, time-consuming, and contentious than a no-fault divorce.
How much does a divorce cost in Connecticut?
According to a 2020 survey by Martindale-Nolo, the average cost of divorce in Connecticut is about $15,500, including $12,800 in attorney’s fees.
The average cost of divorce with children is about $21,000, while the average cost of divorce without children is about $11,700.
The survey found that the average hourly rate of a divorce lawyer in Connecticut is $325.
Other expenses associated with divorce include court fees, mediation fees, expert fees, and taxes.
You may be able to reduce the cost of divorce by reaching a settlement with your spouse, by using alternative dispute resolution methods, such as mediation or arbitration, or by representing yourself in an uncontested divorce.
However, representing yourself in a divorce may not be advisable if you have a high net worth, a complex financial situation, or a contentious relationship with your spouse.
You may also need legal advice on issues such as alimony and child support.
How do you file for divorce in Connecticut?
To file for divorce in Connecticut, you or your spouse must have been a resident of the state for at least 12 months.
You must also file a complaint for dissolution of marriage in the judicial district where you or your spouse reside. The complaint must state the grounds for divorce, the names and ages of any children, and the relief sought, such as alimony, child support, custody, or property division.
A case management agreement must also be filed. This outlines the steps and deadlines for resolving the divorce and a financial affidavit, which discloses your income, expenses, assets, and liabilities. You must also pay a filing fee, which is $350 as of 2021.
You must also serve the other party with a copy of the complaint and a summons, which notifies them of the divorce action and the date of the first court appearance. You can serve the other party by hiring a state marshal, by having someone over the age of 18 deliver the papers, or by having the other party sign an acceptance of service form.
How do you split assets in a divorce in Connecticut?
How assets are split in a divorce depends on whether you have a prenuptial or postnuptial agreement and whether you can reach a settlement with your spouse.
If you have a valid and enforceable agreement, the court will generally follow its terms unless they are unconscionable or violate public policy.
If you do not have an agreement, or if you cannot agree on how to divide your assets, the court will divide your marital property according to the principle of equitable distribution.
Equitable distribution means a fair but not necessarily equal division based on various factors, such as:
The length of the marriage
The causes of the breakdown of the marriage
The age, health, income, occupation, skills, employability, and needs of each spouse
The custodial and financial responsibilities for the children
The tax consequences of the property division
Marital property includes all the assets and debts acquired by either spouse during the marriage, regardless of whose name they are in, such as real estate, vehicles, bank accounts, investments, retirement accounts, pensions, businesses, furniture, jewelry, and debts.
Separate property includes the assets and debts owned by either spouse before the marriage or acquired by inheritance or gift during the marriage.
What is alimony, and how does it work in Connecticut?
Alimony is a payment that one spouse makes to the other spouse to provide financial support after a divorce.
The purpose of alimony is to help the recipient spouse maintain a reasonable standard of living and, if possible, become financially independent.
Connecticut offers three types of alimony: temporary, rehabilitative, and permanent.
1. Temporary alimony is granted during the divorce process to help the recipient spouse meet their living expenses until the final judgment.
2. Rehabilitative alimony is granted for a limited period of time to help the recipient spouse obtain education, training, or employment to become self-sufficient.
3. Permanent alimony is granted for an indefinite time, usually until either spouse dies or remarries or until circumstances significantly change.
The court decides the amount and duration of alimony, or it can be agreed between the spouses.
What is child custody, and how does it work in Connecticut?
Child custody can be divided into two types: legal and physical and can also be classed as joint or sole.
The best interests of the child are the primary consideration in determining child custody. The court will consider various factors including:
The wishes of the child and the parents, if the child is old enough and mature enough to express a preference
The relationship of the child with each parent and other family members
The stability and continuity of the child’s environment
The court will try to create a custody arrangement that promotes the child’s best interests while respecting the rights and responsibilities of both parents.
How to protect your finances when going through a divorce in Connecticut?
Here are some ways you can protect your money when going through a divorce:
Organize your finances: Before filing for divorce, gather all relevant financial information and documents, such as tax returns, bank statements, credit card bills, and retirement accounts. Make a list of all assets and liabilities, both marital and non-marital. This will help you and your spouse negotiate a fair distribution of property and debts.
Consider mediation: Mediation is a process where you and your spouse work with a neutral third party to resolve issues related to your divorce, such as property division, alimony, child custody, and child support. Mediation can be less time-consuming, less expensive, and less stressful than going to court. It can also help you maintain a cooperative relationship with your spouse after the divorce.
Think about Social Security: If you have been married for at least 10 years, you may be eligible to receive Social Security benefits based on your ex-spouse’s record. This can provide valuable income during retirement, especially if your ex-spouse earned more than you. However, certain criteria must be met to qualify for this benefit.
Seek professional help: Divorce can significantly impact your financial situation. Consider consulting with a financial advisor specializing in divorce to help you navigate these changes and plan for your future.
Get expert financial advice
A financial advisor can help you assess your current financial status, create a post-divorce budget, and develop a long-term financial plan that aligns with your needs and goals.
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