Connecticut Family Law Resources

Navigating family law matters can be complex and emotionally challenging, particularly in the context of the laws and regulations specific to Connecticut. Whether facing issues related to divorce, child custody, or property division, individuals involved in family law cases in Connecticut need a solid understanding of the state’s legal framework and available resources.

This article provides an overview of Connecticut’s family law landscape, highlighting key considerations for various family law issues in the state.

If you are facing a divorce, custody battle, or other family law concern, contact a skilled Connecticut divorce lawyer with Cordell & Cordell.

Connecticut Divorce Process

The Connecticut divorce process is dependent on several factors, including meeting the residency requirements and having grounds for divorce. If you meet that process, the following steps are necessary to file for divorce in the state:

Complete the necessary paperwork, including:

• Divorce Complaint/Cross Complaint (Form JD-FM-159)
• Summons Family Law Actions (JD-FM-3), and
• Affidavit Concerning Children (JD-FM-164) if you have dependent minors
• Notice of Automatic Orders (JD-FM-158)

Determine if you need to file for temporary orders from the court, which may include:

• Temporary child support
• Temporary custody

In these situations, you also need to complete the Motion for Orders Before Judgment in Family Cases (JD-FM-176).

If you are filing for divorce in a non-adversarial manner, meaning no one is contesting it, you and your spouse complete the Joint Petition-Non-adversarial Divorce (JD-FM-242) document. There is no need to complete the Summons in this form. In these situations, you then attach the following forms:

• Notice of Automatic Orders (JD-FM-158)
• Appearance (JD-CL-12) submitted by each spouse
• Financial Affidavit (JD-FM-006-LONG or JD-FM-006-SHORT) submitted for each spouse
• Agreement-Nonadversarial Divorce (JD-FM-243) if you have a settlement agreement to include

The forms are filed with the Superior Court Clerk’s office in the area where you and your spouse live. If provided, the Summons form is signed by the clerk and then returned to you. Your spouse must agree to accept the paperwork and sign a Certification of Waiver of Service of Process (JD-FM-249). Or, you will need to provide the forms to the State Marshal who will serve them, as required under Conn. Gen. Stat. § 46b-45 (2022).

Other steps involved in the divorce include:

• Response to divorce papers
• Financial disclosure statements filed
• Parenting education course completed, if applicable
• Finalization of an uncontested divorce

Your divorce will be scheduled for a Resolution Plan Date which is the first court event scheduled in every divorce case, intended to determine a path forward to a final resolution.

Related Article: Choosing a Divorce Attorney: Essential Considerations and Questions

Connecticut Residency Requirements

To file for divorce in Connecticut, you must meet the residency requirements:

• You or your spouse have lived in the state for 12 months prior to filing for divorce or before the judge signs the divorce decree.
• You or your spouse moved from the state after being married in the state and then returned with the objective of remaining in the state prior to the filing date.
• The cause of the divorce occurred after you moved to Connecticut.

Grounds for Divorce in Connecticut

Connecticut recognizes fault and no-fault divorces. No-fault grounds are based on an irretrievable breakdown of the marriage. In this situation, neither party has to prove any wrongdoing.

In fault-based grounds for divorce in Connecticut, the state recognizes:

• Adultery
• Fraud
• Willful desertion
• Abandonment for seven years
• Habitual intemperance
• Imprisonment
• Intolerable cruelty
• Legal confinement

Related Article: Combatting False Allegations in Divorce

Connecticut Property Division Process

As an equitable distribution state, Connecticut requires martial property to be divided in a fair manner, which is not always equal. Marital property is defined as any property or asset acquired during the marriage no matter if the title or deed is in the name of just one party. This includes all assets including homes, vehicles, pets, and financial investments including retirement accounts.

Factors considered in the equitable distribution of assets include:

• The length of the marriage
• The health and age of each spouse
• The spouse’s earning capacity
• Contributions each made to the marriage

What makes Connecticut different is that it is an all-property state. That means that all property owned by one spouse prior to the marriage or those assets gifted or inherited during the marriage are a component of the division of property. The only way to avoid this is with a legally binding prenuptial agreement.

Related Article: What To Do With The House?

Connecticut Child Custody Laws

Connecticut child custody laws center around providing for what is best for the child. Typically, the court believes that having interaction and time with both parents is beneficial except in cases of physical or substance abuse. Under Connecticut family law, both legal and physical custody is determined based on a range of factors.

• Legal custody provides one or both parents with the right to make decisions on the child’s behalf.
• Physical custody refers to the primary residence where the child will live and is aligned with whichever parent the child is living with, or in the case of shared custody, both parents.
• Joint legal custody is very common, providing both parents with the right to make decisions for the child.

As noted, Under CT Gen Stat § 46b-56a. (2023), the assumption is that joint legal custody is in the best interest of the child. In the ideal situation, both parents come to an agreement that fits their needs, providing for the child’s best interests above anything else.

To determine the best interest of the child, Connecticut courts look at factors such as:

• The stability of the child’s current home environment
• The ability of each parent to provide a stable home environment
• Any history of child abuse, domestic violence, or neglect
• Misconduct by either parent during the custody or divorce process
• Each parent’s ability to be an active member in the child’s life
• The length of time spent where the child lives now
• Which parent may provide better for any special needs the child has
• The child’s preferences

All parents with children under the age of 18 that are filing for separation or divorce in Connecticut must participate in the Parenting Education Program. This must be completed within 60 days of filing the divorce case. The program includes six hours of classes to each parents how to help their child through the divorce process.

Related Article: Can A Child Choose The Custodial Parent?

Connecticut Child Support

Both parents are expected to contribute to a child’s support needs. Judges use the Connecticut Child Support and Arrearage Guidelines to determine the value of that support, which is an Income Shares Model. It bases the amount of child support paid based on how much the parents would spend if the family remained in place and then divides it based on the parent’s incomes. (Conn. Agencies Regs. § 46b-215a-2c (2023).)

The state offers the Worksheet for the Connecticut Child Support and Arrearage Guidelines as a tool to help you determine what child support is likely to be. Though there are numerous factors involved, it takes into consideration where the child lives, the parent’s income, the parent’s ability to earn, and numerous other factors. (Conn. Agencies Regs. § 46b-215a-6 (2023).)

Related Article: How Does a Family Law Attorney Help in Child Support Matters?

Connecticut Spousal Support

Spousal support, or alimony, refers to financial support one spouse pays to another spouse after the divorce occurs and during the pendency of that divorce. Alimony is based specifically on a spouse’s noted continuing duty to provide for the other spouse after the marriage ends.

Spousal support may last for a short period of time or longer based on factors such as the length of the marriage. Judges have discretion and in some situations, may allow for continued support until death.

Factors contributing to a spousal support award include:

• The length of the marriage
• Each spouse’s financial need
• How the property was divided
• The age and health of each spouse
• The amount and sources of income for each
• The education, employability, vocational skills, and other abilities of each spouse

Related Article: Will I Have To Pay Alimony?

Why Work With Cordell & Cordell

As a law firm dedicated to meeting the unique needs of men and fathers navigating divorce and separation, Cordell & Cordell is an advocate when you need us the most. Contact our experienced divorce attorneys, who have more than 30 years of experience in Connecticut family law matters.

Testimonials

“My attorneys have been great over the 4 years of my case. The support I have received from the firm over the duration of my case has been outstanding. My attorneys treated me as a person and not just as another case. I felt they were concerned about the issues I was personally facing, and that meant a lot to me. Thank you! Because of this, I will definitely recommend Cordell & Cordell to anyone I know going through a similar situation.” — Brian H.

“I thought the whole experience was very good. I wasn’t going to initially hire an attorney. To protect myself, I hired you guys. [My attorney] made it a comfortable experience. The whole team was great. We got a resolution that I was comfortable with, and it went quickly and smoothly.” — Joseph C.

Compassionate Representation for Connecticut Families

For those facing the need to divorce, setting up a consultation to discuss your case with the team at Cordell & Cordell allows you to gain the knowledge and experienced advocate you need to navigate this legal process. Our team is dedicated to supporting you in any way possible through this process. Contact us to start your case.

Cordell & Cordell is a national law firm helping men with various family law issues. This page serves as a resource and is not to be taken as legal advice.