Connecticut Divorce

A divorce complaint can be filed in Connecticut at any time after either spouse establishes residency in Connecticut.¹ However, a divorce can only be granted if one of the following are true:

1. Either spouse has had residency in Connecticut for at least 12 months before:
   • the divorce was filed; or
   • the date of the divorce decree – in other words, you can file for the divorce before 12 months of residency but the judge will not grant the final divorce until the 12 months of residency are completed;
2. Either spouse was domiciled in Connecticut at the time of the marriage and returned to Connecticut with the intent to live there permanently before filing for divorce;² Note: “Domicile” requires actual residence plus the intention of permanently remaining in the state;³ or
3. The reason (ground) you are seeking a divorce happened after you or your spouse moved into Connecticut.² Note: Although the law doesn’t mention anything about 12 months of residency here, the majority of judges will still require completion of 12 months’ residency before granting the divorce.

A member of the armed forces will be considered a resident of Connecticut for the length of his/her service if s/he was a resident of Connecticut before entering into the military.⁴

¹ C.G.S. § 46b-44(a); see also Jungnelius v. Jungnelius, 133 Conn. App. 250 (2012)
² C.G.S. § 46b-44(c)
³ See Mills v. Mills, 119 Conn. 612 (Supr. Ct 1935)
⁴ C.G.S. § 46b-44(d)

Alimony is financial support paid by, or to, your spouse and can be awarded when a divorce, legal separation, or annulment is granted. If you request alimony and the judge decides to award it in your case, or if you and your spouse agree that it should be ordered, the order can be for either an indefinite period of time with no specific end date, or it can be a time-limited award with a specific end date.¹ In addition, it’s possible to get temporary alimony, known as pendente lite alimony, while the case is going on. Note: Pendente lite relief can also include temporary child support and temporary “exclusive use” of the family home.²

The judge has to hold a hearing about pendente lite alimony or child support within 60 days if your legal papers state that the following information is true: 

• You don’t have enough money to meet your reasonable needs or the reasonable needs of the minor children of the marriage;
• Your spouse is not giving you enough money to meet these reasonable needs; and
• You reasonably believe that your spouse has enough money or has the earning capacity to give you the money you need.²

If the parties do not agree upon alimony and it is up to the judge to decide, the judge will hear evidence presented by you and your spouse and consider certain factors to determine a fair amount to award. These factors include, but are not limited to:

• the length of the marriage;
• the cause of the divorce, legal separation, or annulment;
• the age, health, education of both spouses; and
• the economic status, occupation, amount and sources of income, earning capacity, work skills, employability, estate and needs of you and your spouse.¹

Note: If you have been granted custody of your children, then the judge will also consider how desirable/reasonable it is for you to become employed (if you are not working).¹

¹ C.G.S. § 46b-82(a)
² C.G.S. § 46b-83(a)

In any family relations matter, the judge has the power to punish (sanction) the abuser if s/he is filing motions or petitions in a pattern that the judge believes is “frivolous and intentionally fabricated.” In other words, there is no good reason for the abuser to file against you and s/he is making up these claims. If you think the abuser is doing this, you can file a motion or raise the issue with the judge while you are in court. If the judge does sanction the abuser, the punishment will be focused on making the case move forward without delay.¹

“Family relations matters” means the following types of cases:

1. separation, annulment, or divorce proceedings;
2. alimony, support, and custody related to a separation, annulment, or divorce;
3. name changes;
4. relief from abuse orders;
5. civil support obligations;
6. custody and visitation, including habeas corpus;
7. habeas corpus cases brought on behalf of a mentally ill person, unless that person has been charged with a crime;
8. appointment of a commission to investigate whether someone is wrongfully confined;
9. juvenile matters;
10. paternity/parentage;
11. appeals from probate court related to:
    
    • adoption or termination of parental rights;
    • appointment and removal of a guardian or conservator;
    • custody; or
    • orders of commitment;
12. any of the following from another state or country:
    
    • prenuptial or separation agreements;
    • matrimonial or civil union decrees; or
    • divorce, separation, or annulment of a civil union;
13. interstate custody under the UCCJEA; or
14. any other matter concerning children or family relations that are within the power (jurisdiction) of the Superior Court.² 

¹ C.G.S. § 46b-1a
² C.G.S. § 46b-1(a)