Usually, the divorce process will take a minimum of 3 months, therefore, if you have lived in Connecticut for 9 months before you file, you should meet the residency requirement at the time the divorce is completed. If neither you nor your spouse has lived in Connecticut long enough to meet the residency requirements, you may still get divorced in Connecticut if the reason for the divorce arose after you and your spouse moved to Connecticut, if you can’t meet the requirements because you are in the military, or if you were a Connecticut resident in the past, and moved back with the intention of making Connecticut your permanent residence.
If your spouse did something wrong, such as committing adultery or abandoning you, the court can consider your spouse’s actions when determining how to divide property or whether alimony is appropriate. Usually, it is only helpful to bring the court’s attention to your spouse’s misconduct if the misconduct caused a loss of marital property.
To find the location of the courthouse that serves your county, visit Connecticut’s Judicial Branch Website at http://www. jud. ct. gov/.
Property that the court can divide between the parties or award to one party includes: the marital residence, stock options owned by one party, personal injury awards (including workers compensation), inheritance, gifts given to one party, 401k payments and pensions, any property acquired by one or both spouses during the marriage, and property acquired by one or both spouses before the marriage. When determining how to divide the property, the court will consider the following: the length of the marriage, the cause of the divorce, the age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate, liabilities and needs of each party, and contributions of each party to the marriage. [2] X Research source Conn. Gen. Stats. § 46b-81
In determining custody, the court will consider the preference of the child, as long as he or she is old enough (in the court’s opinion) to form an intelligent opinion. However, the judge does not have to listen to the child’s preference. Typically, spouses should try to agree on a shared custody agreement, because that is usually in the best interests of the child. In order to be granted a divorce, both parents must take a “parenting education class” that is provided by the court. [3] X Research source Conn. Gen. Stats. § 46b-69b The course is $125 per person and lasts for 6 hours.
The court will determine whether support is appropriate based on all of the facts and circumstances surrounding the parties. There is no formula that is used to determine how much payments will be. The court can award support to be paid in a lump sum (all at one time), periodically for a pre-determined temporary amount of time, or permanently.
If you and your spouse agree on how to divide your property, and if you there are no children involved, you can probably file for divorce on your own and save money. If you do not have an attorney, you and your spouse will be responsible for filing all of your paperwork, and will each talk to the judge without getting any help preparing. If you and your spouse do not agree on how to separate your property, or if you have children and need to come up with a custody arrangement, you should hire an attorney to assist you. A “contested” divorce where the parties do not agree can be extremely complicated, and you should have an expert to help you get the best possible outcome.
Get a referral from a friend or family member who has used a divorce lawyer before. Find out who they hired and if they would recommend the attorney. If you can’t get a referral from anyone you know, check online websites like Find Law, Avvo, and Yahoo Local to find a qualified attorney. Once you have a list of attorneys that you think may be a good fit, set up “consultation” meetings so you can meet face to face. During the meeting, you can ask questions about your case and situation, and gauge whether you get along with the attorney.
If, after meeting with an attorney, you think of other questions you would like to ask, don’t hesitate to call back and ask. You should make an informed decision, and the attorney that you are considering should not have any problem answering any and all questions that you may have. If you cannot afford an attorney, you can try to obtain legal help on a “pro bono” (free) basis. To see if you can get free legal help, you may call “Statewide Legal Services” at 1-800-453-3320. The people who answer the telephone speak both English and Spanish. [4] X Research source
Summons: Having a “summons” delivered to your spouse by a state marshal is intended to notify your spouse that you are filing for a divorce. After receiving a summons, your spouse should file an Appearance form, which allows he or she to respond to the divorce action. Failure to file an appearance form will result in your spouse not getting notice of the required court dates for your divorce, and may slow down the divorce process. Do not sign the summons until you are in front of the court clerk to turn in all of your documents. [6] X Research source Divorce Complaint: The complaint tells the court what you want out of the divorce. You can ask the court to do the following for you in a divorce: end your marriage, give you financial support from your spouse (alimony), give you custody of or visitation with any marital children, give you child support, divide marital property between you and your spouse, or restore your prior name. If you are the party filing for the divorce, you should check the “complaint” box at the top of the form. If your spouse chooses to respond to your allegations, he or she will fill out the same form, but will check the box for “cross complaint. " (which can be used by the spouse who does not file for divorce). [7] X Research source Notice of Automatic Court Orders: You should attach a completed copy of this notice to your “divorce complaint. ” this “order” will take effect when you file your divorce paperwork, and will protect you and your spouse by setting rules that will apply during the divorce proceedings. For example, this order will prevent one spouse from selling the marital home, or from taking any children out of the state. [8] X Research source
If you cannot afford to pay the court fees, you can fill out an Application for Waiver of Fees. This form asks for information about your income and expenses to show the court why you cannot afford to pay the costs associated with the divorce. Do not sign the form until you are in front of a court clerk. A judge will review your application and decide whether or not to grant it.
To serve your spouse, Contact a state marshal in the judicial district where your spouse lives or works. You may get a list of state marshals from the court clerk or the Court Service Center. After contacting the marshal, you should bring the documents given to you by the clerk to the marshal, along with the $50 fee. The marshal will serve your spouse, and then file a “Return of Service” as proof. Either you or the marshal will file the return of service with the court.
If you do not have a fee waiver, you will pay the $350 filing fee when you file your paperwork. Make sure to check with the court to see what forms of payment are accepted: some courts allow payment by credit card, but others only allow cash or check.
Appearance: The spouse who did not file for divorce must file an “appearance” form. This form gives the court information about the filing party and insures that he or she receives notice of all important dates and any hearings or required appearances. Answer: An answer is not required, but the responding party can file it to tell the court whether or not he or she agrees with the complaint. There is no filing fee for submitting an answer. Cross Complaint: A cross complaint is not required, but should be filed if the responding spouse wants something different than the filing spouse listed in the complaint. The “cross complaint” form is the same as the “complaint” and allows the responding spouse to request alimony, child custody, visitation, or child support. It can also request that the court divide your property and debts a certain way, or restore a prior name.
Once the automatic orders take effect, you may not go into unreasonable debt, sell your property without your spouse’s agreement, change medical or life insurance coverage, or force your spouse to leave your home. [12] X Research source If you have children, automatic orders prevent you from moving your children out of state and require you to take part in a parenting education program. [13] X Research source
If you and your spouse do come to an agreement, fill out the Dissolution Agreement Form with your spouse. This form reduces the agreement you have to writing for the court to look at and approve. During the waiting period, you and your spouse should fill out the Case Management Agreement Form. This form allows you to choose the status of your divorce. The divorce will be “uncontested” if you and your spouse agree on all issues, and “contested” if you do not come to an agreement. After filling out and turning in the Case Management Agreement Form, the court will set a hearing for your divorce.
Financial Affidavit: Both you and your spouse must fill out a form containing information about your finances. This form must be filed with the court at least 5 days and not more than 30 days before your court hearing. This form must be signed in front of a notary public, an attorney, or a court clerk. Financial Affidavits are sealed by the court when they are filed and, unless the court orders differently, can be shown only to the judge and other court personnel. [16] X Research source Additionally, if you and your spouse have children, you may be required to fill out other forms in addition to the financial affidavit.
Make sure you are on time to your hearing, judges often hear more than one divorce at a time, so you do not want to hold everyone up. If the judge asks you any questions, address him or her as “your honor” and make sure to be polite and respectful.
Because the decree is the “law” of your divorce, not following it can result in serious consequences, including penalty fees or in some cases, jail time. If there is something in your divorce decree that you would like to change, call the clerk’s office and ask what you should do in order to “modify the order. "
