Getting A Divorce In Connecticut With A Child
- Connecticut courts usually prefer granting shared legal custody however, one of the parents may possess sole legal custody if it fits the childs best interests. In this case, many factors are taken into consideration.
- If one parent has sole physical custody, spouses have to make a visitation schedule on their own. If the couple is unable to do it, then the court creates the standard schedule implemented in the state. If both parents have shared physical custody, the amount of time spent with the child is considerable for both parties. However, the amount of time is not necessarily equal for both parents.
- A parent who does not possess physical custody is eligible for visitation rights. Moreover, he or she may even request supervised visitation if there is a confrontation between spouses. A supervisor can be another relative or a family law professional.
- In the state of Connecticut, a non-custodial parent always pays child support to the eligible parent irrespective of whose financial situation is better.
- Divorce Complaint/Cross Complaint
- Notice of Automatic Court Orders
In Connecticut, the required divorce papers include only three basic forms. However, if you have children or need to divide property, then the number of documents will increase.
How much does a divorce cost in CT?
How long does a divorce take?
The marriage dissolution takes from one to three months to be finalized from the moment the documents are submitted to the court.
Filing Your Connecticut Divorce
The basic steps for filing your uncontested Connecticut divorce are as follows:
Division of property, debts, alimony, change of last name, and minor children are covered in the DivorceWriter interview and documents.
DivorceWriter forms are specific to Connecticut and include detailed filing instructions. If your documents are not accepted by the court, DivorceWriter offers a money back guarantee.
Finalizing Your Uncontested Connecticut Divorce
Even with an uncontested divorce, there are a few more steps you’ll need to take before you can get to the final divorce hearing . These include:
- Financial disclosures. You and your spouse will need to complete and submit financial affidavits .
- Parenting education. If you have minor children, both you and your spouse will need to complete a court-approved parenting education program. There will be a fee for the program unless you’ve received a waiver of all court fees in your case. .)
- Request a waiver of the waiting period. Normally, Connecticut requires couples to wait at least 90 days before a judge will hold a hearing in their divorce case. But with an uncontested divorce, once 30 days have passed since the return date, you may ask for a waiver of the 90-day rule to get a hearing sooner. You’ll need to file a request , using either the form for couples with a complete settlement agreement or the form for a plaintiff whose spouse never filed an appearance . .)
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Connecticut Uncontested Divorce Forms
There are plenty of marriage dissolution forms that spouses have to choose from when they decide to file. While a lot depends on each case, in general, documents needed to file for divorce are:
The first document to file with the court to initiate a marriage dissolution process.
Filing For Divorce In Connecticut
As far as the actual filing process, its integral that divorcing couples are familiar with court procedures for divorces throughout their case. The steps below will help you prepare your divorce forms, file your divorce forms, serve them to your spouse, and prepare your financial disclosures.
The process is pretty simple, but the sheer amount of paperwork can seem exhausting. This guide is here to help, but consider retaining legal counsel to ensure efficient and compliant filing.
Importantly, upon filing any initial paperwork, file an Application for Waiver of Fees/Appointment of Counsel Family form if you cannot afford any of the fees associated with the divorce process. Court staff will confirm your eligibility to waive filing and service fees throughout the divorce process.
Pro Tip: The information below is perfect for you to get an overview of the divorce filing process and also use as a guide if you will be filing for divorce on your own. However, if you are using an attorney, their team will typically be taking care of these steps as part of their proper representation of you as a client.
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Connecticut Divorce Papers Online
In order to get your CT divorce forms filled out, you will need to have the following information on your hands:
- Your and your spouses full name and date of birth.
- Date and location of your marriage.
- Your and your spouses current address, as well as the address of all real property you own.
- Full names, dates of birth, and current address of your children.
- Information about your income, debt, insurance, and taxes.
- Workplace information both yours and spouses.
- Info about vehicles you both own, such as model, make, year, and VIN.
- SSN and drivers license number.
- Information about any previous court cases involving you or your children.
- Description of property you and your spouse own.
- Financial accounts information.
Preparing The Initial Divorce Papers
You can find the forms you need to file for divorce, along with instructions and FAQs, on the Connecticut Judicial Branch’s webpage for Divorce, Custody and Visitation. For most divorces, you’ll need to complete these basic forms:
- Divorce Complaint/Cross Complaint
- Summons Family Law Actions , and
- Affidavit Concerning Children , if you have children with your spouse.
When filling out the forms, the spouse who starts the divorce process is the “plaintiff.” The other spouse is the “defendant.”
You’ll also attach a Notice of Automatic Orders , which has information about the court orders that go into effect at the beginning of every divorce case in Connecticut. The aim of these orders is to prevent both of you from doing anything that would negatively impact marital property or children without the other spouse’s consent, like selling the house or moving the children out of state.
If you need to ask for temporary court orders that will apply until your divorce is final , complete and attach the Motion for Orders Before Judgment in Family Cases .
The forms and procedures are different if you’re filing for a nonadversarial divorce. Instead of the complaint, you and your spouse will complete and sign a Joint Petition-Nonadversarial Divorce , and you won’t need a summons. Along with the notice of automatic orders, you’ll also attach:
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Grounds For Divorce In Connecticut
The Divorce Complaint form, which must be filed to initiate divorce proceedings, requests the plaintiff to specify why divorce is being sought. Spouses have two options:
If spouses choose Other, they must fill in their grounds for divorce in lines provided below the prompt. Their reasons must be listed in the Connecticut General Statutes, which detail a variety of grounds for divorce in the state.
According to Section 46b-40 of the state statutes, divorces may be filed as a result of one of the following:
- The marriage has broken down irretrievably
- The parties have lived separately as a result of incompatibility for at least 18 consecutive months before the filing
- Fraudulent contract
- Willful desertion for one year with total neglect of duty
- Seven years absence where one of the spouses has not been heard from or has been unreachable
- Habitual intemperance
- Intolerable cruelty
- Sentence to life imprisonment or a sentence of at least one year as a result of any infamous crime
- Legal confinement in a mental illness facility for at least five years within the last six years of the filing date
Keep in mind that any grounds listed on divorce complaint forms will have to be admitted as true by the defendant or proven valid during court proceedings.
So, if plaintiffs can file for divorce on multiple grounds, they should list the justification to which
Types Of Divorce Laws In Connecticut
Typically there are 2 different types of divorce, either uncontested or contested. An uncontested divorce is when couples agree on the terms of the divorce and don’t need the courts to help out, they just need the courts to finalize the agreed upon terms.
Contrary to that is a contested divorce, which is much more complicated and possibly contentious.
In Connecticut, there are three types of divorce proceedings:
Each type of divorce is stipulated by the State of Connecticut Judicial Branch, and all three options are available to divorcing couples depending on their eligibility .
A Divorce Without an Agreement is the most time-consuming option. During this type of divorce proceeding, the two parties arent in agreement about one or more of the terms of the divorce, like child support, alimony, custody, or division of assets.
This kind of divorce requires at least one court appearance by both parties, and its recommended that parties engage legal counsel.
A Nonadversarial Simplified Divorce, on the other hand, is the quickest, most economical option.
Spouses must meet certain requirements to be eligible for such a divorce , but the most attractive element of a Nonadversarial Divorce is that spouses arent required to appear in court.
While spouses must still appear in court, they have the option to waive the 90-day waiting period for divorces in Connecticut.
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Using An Authorized Agent To Submit A Request
Only you, or a natural person or a business entity registered with the Secretary of State to conduct business inCalifornia that you have authorized to act on your behalf, may make a verifiable consumer request related to yourpersonal information. You may also make a verifiable consumer request on behalf of your minor child. If you use anauthorized agent, you may provide a power of attorney executed pursuant to California Probate Code sections 4000 to4465. If a power of attorney that meets those provisions is not submitted, you will be required to provide theauthorized agent signed permission to submit a request, verify your identity directly with us, and directly confirmwith us that you provided the authorized agent permission to submit the request.
If youâre an authorized agent making a request you need to do the following:
provide a copy of a power of attorney provided to you by the consumer pursuant to Probate Code sections 4000 to4465 or
provide proof of signed permission along with a copy of your ID and have the consumer confirm with us that theyprovided you permission to submit the request by sending an e-mail.
Contact For More Information
If you have any questions or comments about this notice, the ways in which we collect and use your information, yourchoices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitateto contact us at:
16192 Coastal Highway,Lewes, DE 19958
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What it doesn’t cover:
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In addition, we cannot guarantee that a customer’s spouse will sign the documents and cannotprovide a refund where the spouse refuses.
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Gather Important Financial Information
You can set the tone for how your divorce will proceed from the outset if you approach the task of gathering information the right way. Doing so can save you time, money and stress in the long haul.
If youre worried about your finances through the divorce process, we highly recommend that you look at our article, A Guide to Divorce Financial Planning.
Youll also give yourself the best possible chance at the most favorable outcome if your documents are in order. Starting early and being organized are keys to successfully completing this task.
The Ultimate Divorce Checklist: The Information You Need to Prepare for Divorce.
The 90 Day Wait Period And The Subsequent Negotiations
During the 90 day waiting period, the couple should be negotiating the terms of the divorce, and if an agreement is reached, the divorce can become finalized via an uncontested hearing on your case management date.
In order to have your divorced finalized on your case management date, you must submit a Case Management Form at least two weeks prior to your uncontested hearing date/case management date. Along with your case management agreement, you must also file a Financial Affidavit, one for each party , signed and notarized by each party.
- Case Management Form for Uncontested Hearing Date: You must indicate in section 1 the case type , and that you’ll be proceeding uncontested as you’ve reached an agreement on all issues. Submit this form to your court clerk’s office two weeks prior to your case management date to have your divorce finalized on your case management date.
- Uncontested Hearing: Your uncontested hearing will be a brief session held in the courtroom before the Judge on your case management date.
If you do not have children, you must provide the following on your uncontested hearing date to the clerk in the courtroom to which your case has been assigned:
- An executed separation agreement
- A re-certification of your completed signed and notarized Financial Affidavit, one for each party , which can be conducted by the clerk in the courtroom
- An Advisement of Rights Form
- A Dissolution of Marriage Report
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Issues To Be Settled To Obtain A Legal Separation
As with a divorce, a legal separation decree should cover such issues as:
- Spousal support A separated spouse may be eligible for alimony.
- Child custody The court can require you to attend a parenting program. A Connecticut child custody attorney at our firm can help you achieve a fair and practical parenting plan.
- Child support Both parents share responsibility for supporting a child, but payments are usually made by the noncustodial parent to the other parent in amounts that are fixed based on need and financial ability. The child custody arrangement you decide upon will significantly impact an order for support.
- Property division As with divorce, Connecticut employs the equitable distribution process, which divides the property of the spouses fairly based on consideration of a host of factors.
Have More Questions We Are Here To Help
At Bayer & Black, P.C., we know that divorce is not easy. Whether you want to start your case on the right foot or need an aggressive ally for negotiation, we recommend seeking counsel from an experienced family lawyer. Contact our office today to learn why you should look to our firm for service and counsel in Fairfield County.
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Connecticut Divorce Timeline And Process
Understanding the divorce process in Connecticut can help you feel prepared for your divorce.
To learn about the Connecticut divorce process, watch the brief video below:
In Connecticut, the divorce process typically takes anywhere from a few months to several years.
Some divorces take markedly more time, depending on the factors at play.
The following post from our experienced divorce lawyers explores the key junctures in the Connecticut divorce timeline.
If you have questions or would like to see how we can help you, please dont hesitate to call our firm at or submit the short form below:
Fill Out The Necessary Forms
After you decide what kind of divorce you will pursue, you need to fill out several forms and submit to the court. The exact forms youll need to complete will vary to some degree based on the individual elements of your divorce, but at a minimum youll need to complete the following:
Summons. A summons is the legal notice that will be delivered to your spouse to officially notify them you are filing for divorce. After a spouse receives a summons, they need to file an Appearance form which is how they will respond to the divorce action. If your spouse fails to file the form, they will not receive critical information related to the divorce going forward and this will slow down the entire process.
Divorce Complaint. This is the nuts and bolts detailed document that tells the court what you want from the divorce. You can request an end to the marriage, request alimony and child support, ask for custody and visitation issues to be resolved with your children, and request how assets and debts should be divided, among other things. A spouse who responds to this document and challenges the things you ask for will need to file a cross complaint.
Notice of Automatic Court Orders. This document is protective in nature and sets the ground rules that you and your spouse must adhere to while a divorce is in progress. In may include things such as custody, temporary child and spousal support or other important life issues that need to remain in place while the divorce is in motion.
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