Filing For Divorce in CT 2017-10-02T23:00:42+00:00

First, you must fill out your paperwork and file it with the clerk’s office. Every case is different, but there are three forms that every divorce plaintiff must file: (1) the summons form (JD-FM-3) , (2) the Divorce Complaint (JD-FM-159), and (3) Notice of Automatic Court Orders (JD-FM-158). Remember, you will have additional forms if you have children or if your case has special circumstances.

Second, the clerk’s office will sign your forms and help you pick a return date and the right case management date to include on your forms. The return date is when the 90-day waiting period begins. The plaintiff chooses the return date which is always a Tuesday. You do not have to go to court on a return date, unless a court order tells you to do so. The case management date is right after the final day of the 90-day waiting period. You must go to court on the case management date if there are any custody or visitation issues or you have not filed a case management agreement. In some court locations, you may get a divorce on the case management date if you are ready. Also, if you and your spouse have kids under 18, you must complete the parenting education class within 60 days of your return date. If your spouse is representing him/herself, they must file an appearance form on or before the second day after the return date.

Third, you must go to your local state marshal to have the paperwork served on your spouse. See below for a list of state marshals. Remember, service is the legal way to give your spouse the divorce papers and give them notice of the case. There are three ways the state marshal will serve your spouse:

(1) by delivering copies of the paperwork directly to your spouse,

(2) if your spouse lives outside of CT, then the state marshal will mail the paperwork, or

(3) if your spouse’s address is unknown, then the state marshal will publish a legal notice in the newspaper that runs in the location of your spouse’s last known address.

Fourth, after the state marshal serves the divorce papers, you or the state marshal must return the paperwork to the clerk’s office along with written proof that service was made. If you are planning to return the paperwork to the clerk yourself, you must do so by the return date or you will have to start the process over from the beginning. You must pay the filing fee at this point. If you cannot afford to pay the fee, you may apply for a fee waiver with the Application For Waiver Of Fees (JD-FM-75). The court will review your application and decide if you have to pay or not.

 

Click here for a full list of state marshals in CT.

To start a divorce with minor children you must fill out the following 2 forms:

Also, attached to the Divorce Complaint must be:

After filling out these forms, you must take them to your local Superior Court Clerk’s office. The clerk will sign the papers and give them back to you. Now, you must take the papers to the state marshal’s office to have the paperwork served on your spouse. There are three ways the state marshal will serve your spouse:

(1) by delivering copies of the paperwork directly to your spouse,

(2) if your spouse lives outside of CT, then the state marshal will mail the paperwork, or

(3) if your spouse’s address is unknown, then the state marshal will publish a legal notice in the newspaper that runs in the location of your spouse’s last known address.

Next, after the state marshal serves the divorce papers, you or the state marshal must return the paperwork to the clerk’s office along with written proof that service was made. If you are planning to return the paperwork to the clerk yourself, you must do so by the return date or you will have to start the process over from the beginning. You must pay the filing fee at this point. If you cannot afford to pay the fee, you may apply for a fee waiver with the Application For Waiver Of Fees (JD-FM-75). The court will review your application and decide if you have to pay or not.

There are 2 important dates on your paperwork: the return date and the case management date. The return date is always going to be a Tuesday and it marks the beginning of the 90-day waiting period. You do not have to go to court on the return date. The case management date marks the end of the 90-day waiting period and is used to set a date for the final divorce hearing. You must come to court on the case management date. This court date is the actual divorce date.

The next form you will fill out and send or give to the clerk’s office is:

Having minor children, you must take part in a parenting education program within 60 days after the divorce is filed. There is a fee for the classes that you will have to pay unless the court has decided that you do not have to.

The following forms are required for the parenting class:

At your final divorce hearing you will need to fill out the following forms:

If your spouse does not respond to the divorce complaint, you must file:

Click here for a full list of state marshals in CT.

 

Note: This is the general course people take for a divorce with minor children. Remember that every case is different.

To start a divorce without minor children you must fill out the following 2 forms:

Also, attached to the Divorce Complaint must be:

After filling out these forms, you must take them to your local Superior Court Clerk’s office. The clerk will sign the papers and give them back to you. Now, you must take the papers to the state marshal’s office to have the paperwork served on your spouse. There are three ways the state marshal will serve your spouse: (1) by delivering copies of the paperwork directly to your spouse, (2) if your spouse lives outside of CT, then the state marshal will mail the paperwork, and (3) if your spouse’s address is unknown, then the state marshal will publish a legal notice in the newspaper that runs in the location of your spouse’s last known address.

Next, after the state marshal serves the divorce papers, you or the state marshal will return the paperwork to the clerk’s office along with written proof that service was made. If you are planning to return the paperwork to the clerk yourself, you must do so by the return date or you will have to start the process over from the beginning. You must pay the filing fee at this time. If you cannot afford to pay the fee, you may apply for a fee waiver with the Application For Waiver Of Fees (JD-FM-75). The court will review your application and decide if you have to pay or not.

There are 2 important dates on your paperwork: the return date and the case management date. The return date is always going to be a Tuesday and it marks the beginning of the 90-day waiting period. You do not have to go to court on the return date. The case management date marks the end of the 90-day waiting period and is used to set a date for the final divorce hearing. You must come to court on the case management date. This court date is the actual divorce date.

The next form you will fill out and send or give to the clerk’s office is:

At your final divorce hearing you will need to fill out the following forms:

If your spouse does not respond to the divorce complaint, you must file:

Click here for a full list of state marshals in CT.

 

Note: This is the general course people take for a divorce without minor children. Remember that every case is different.

Nonadversarial divorces are sometimes called unconstested divorces. In Connecticut, a nonadversarial divorce is a simplified process by which eligible parties can obtain a divorce within 35 days without having to come to court and appear before a judge.

If you and your spouse meet the following criteria, you may be eligible for the nonadversarial divorce route:

  • You have been married 8 (eight) years or less
  • Not pregnant
  • No children were born to you or adopted by you before or during the marriage
  • Neither of you have any interest or title in any real property
  • The total value of all property owned by you is less than $35,000
  • Neither of you have a defined benefit pension plan
  • Neither of you have a pending bankruptcy
  • Neither of you are applying for or receiving Medicaid benefits
  • There is no other action for dissolution of your marriage pending
  • There are no restraining or protective orders between you

To begin a nonadversarial divorce, you must first file:

Attached to the Joint Petition must be:

If you already have an agreement that you want the judge to include in the divorce decree, then you must also file this form with the Joint Petition:

Remember, if you cannot afford to pay the fee, you may apply for a fee waiver with the Application For Waiver Of Fees (JD-FM-75). The court will review your application and decide if you have to pay or not.

There are three ways to end a marriage in Connecticut: (1) legal separation, (2) annulment, or (3) divorce. See Sec. 46b-40 for full text of the law. Unlike a divorce, after a legal separation, you are still legally married. Legal separations resolve the same issues surround divorce, such as child support/custody, alimony, property division, etc., but you are still legally married. This means you cannot remarry. People may choose to proceed with a legal separation rather than a divorce because of religious or personal reasons. Remember, a divorce also resolves issues such as child support/custody, alimony, property division, but after a divorce, you are no longer legally married, and you may remarry.

On the other hand, an annulment invalidates the marriage because of something that occurred at the beginning of the marriage. In other words, your marriage dissolves because it was invalid from the start (it is a void marriage). In Connecticut, there are several reasons you may get an annulment: bigamy (one party was already married), parties were underage at the time of marriage, parties were mentally incompetent at the time of the marriage, the marriage ceremony was performed by an unauthorized person, the marriage was entered into based on force or fraud, impotency, or parties are blood relatives.