Divorce is never an easy decision to make. If you have children, the decision is much harder. And there are financial and legal aspects to consider. Not to mention the emotional toll leaving your spouse will take on you. 

If you live in Connecticut, there are specific steps to take if you want to file for divorce. If you know how the process works, it can make your situation more manageable. The divorce process starts with a spouse filing a petition; in this instance, that spouse is you.

The Basics of a Divorce

A divorce petition is a formal request to dissolve a marriage. Connecticut is a no-fault divorce state. This makes things slightly easier because you do not have to prove your spouse’s wrongdoing as a reason for the petition. 

For example, you can simply use ‘irreconcilable differences’ as the official reason for filing for divorce. However, in some instances it is possible to use fault-based grounds if you want to make alimony payments part of your divorce. This includes scenarios like an affair, abuse, or cruelty. 

Also, if you want to file a petition for divorce in Connecticut, you or your spouse must meet the legal residency requirement. This means either of you must:

• Be a resident for twelve months or more before filing. 
• Be domiciled in Connecticut during the marriage and return to stay. 

Preparing a Divorce Petition

Before officially filing a petition, you must get the relevant documents and information together. This includes but is not limited to: 

• Your marriage certificate.
• Financial records, including tax returns, pay stubs, and bank statements.
• Information about property and assets. This may include real estate and vehicles. 
• Details about debts such as loans and credit cards. 
• Necessary information about children, including school records and birth certificates. 

It is easier to initiate the process with the help of a divorce lawyer. Your lawyer will uphold your rights and ensure that things proceed fairly. 

Filing a Divorce Petition

You need a specific document to initiate a divorce in Connecticut. It is called either a ‘Complaint for Divorce’ or ‘Complaint for Dissolution of Marriage. The steps to follow are:

• Fill out the forms. You need to fill out the JD-FM-159 complaint form, as noted above. The form will contain your request for divorce and information about what you want the outcome of your divorce to look like. 

You will also have to complete the summons form (JD-FM-3). This form will notify your spouse of the divorce petition. It also gives them instructions on how to respond. 

If you have minor children, complete an affidavit (JD-FM-164) and add the relevant details.

• File your forms with the court. Once you have completed the forms, you can submit them to the clerk’s office of the relevant Superior Court in your county. You will have to pay a filing fee of around $360. You can request a fee waiver if you cannot afford to pay the fee. Your lawyer can help you with this.
• Have the divorce papers served. According to Connecticut law, a state marshal must serve the divorce papers on your spouse. The marshal will file proof of service with the court. 

After Filing Your Divorce Petition

When the petition is filed and served, the legal process starts. When you filed your petition, a series of automatic court orders would have gone into effect. This prevents you or your spouse from making financial or custodial changes without informing the court. 

These court orders typically restrict property sales and prevent you and your spouse from moving your children out of the state. 

Your spouse will have 30 days to file what is known as an ‘appearance’ form, which is a response to the divorce complaint. They have the right to agree, disagree, or counterclaim. 

At this point, you and your spouse’s legal teams will exchange information in preparation for trial. 

Resolving the Divorce

A divorce can be settled in several ways. You and your spouse may agree on all stipulated issues and draft an agreement. The court will review and approve it to finalize your divorce. 

If there is no agreement, your lawyer may suggest mediation. You may agree with the help of a neutral mediator. 

If this does not happen, your divorce will go to trial. Here, a judge will decide on the outcome based on legal arguments and evidence presented by both legal teams. 

When finalizing the divorce, you and your spouse will appear before a judge for a last hearing. Afterward, the judge will sign the Decree of Dissolution of Marriage, which officially means you are divorced. 

Start a New Chapter With the Help of a Divorce Lawyer

You do not have to go through the painful process of divorce on your own. Finding the right lawyer and preparing properly will give you a stronger foundation for the new chapter in your life. 

The information provided in this article is for general informational purposes only and does not constitute legal advice. Divorce laws and procedures may vary depending on specific circumstances, and it is important to consult a qualified attorney or legal professional to understand your rights and obligations. While every effort has been made to ensure the accuracy of the information, we do not guarantee its completeness or applicability to your situation. Always seek personalized legal counsel before making decisions regarding divorce or any related matters.