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Do I need to hire a lawyer to file for divorce in Connecticut?

While it is not required to hire a lawyer, it is generally advisable to have legal representation, especially if your divorce involves complex issues such as child custody, property division, or alimony. An attorney can guide you through the process and protect your rights.
How is child custody determined in Connecticut?

Connecticut courts prioritize the best interests of the child when determining custody. They consider factors such as the child's relationship with each parent, the parent's ability to provide for the child's needs, and any history of abuse of neglect. The court may award joint custody or sole custody to one parent.
Can I modify child custody or support orders after the divorce is finalized?

Yes, it is possible to modify child custody or support orders if there has been a significant change in circumstances since the original order was issued. However, you would need to file a petition with the court and provide evidence of the changed circumstances.
How is property divided in a divorce in Connecticut?

Connecticut follows the principle of "equitable distribution" when dividing marital property. This means that the court will divide property and assets in a manner that is fair, but not necessarily equal. The court considers factors such as the length of the marriage, each spouse's contributions, and their financial circumstances.
Will I be entitled to alimony (spousal support) in Connecticut?

Connecticut courts may award alimony to a spouse based on factors such as the length of the marriage, each spouse's income and earning capacity, the standard of living during the marriage, and the needs of each party. Alimony can be temporary or long-term, depending on the circumstances.
How much does it cost to file for divorce in Connecticut?

The cost of filing for divorce in Connecticut includes court fees and any attorney fees. The court fees vary depending on the county, but they typically range from a few hundred to a few thousand dollars. Attorney fees can vary widely depending on the complexity of the case and the attorney's rates.
How long does it take to get a divorce in Connecticut?

The length of the divorce process varies depending on various factors, including the complexity of the issues involved, whether the divorce is contested or uncontested, and the caseload of the court. On average, it can take anywhere from several months to over a year to finalize a divorce in Connecticut.
Can I file for divorce in Connecticut based on irreconcilable differences?

Yes, Connecticut recognizes "irretrievable breakdown" as grounds for divorce. If you and your spouse have experienced an irreversible breakdown in your marriage, you can file for divorce on those grounds.
Can I get a legal separation instead of a divorce in Connecticut?

Yes, Connecticut allows for legal separation. It provides a formal legal arrangement for couples who want to live separately but remain legally married. Legal separation can address issues such as child custody, visitation, and support, but the marriage is not terminated.

What to expect

A step-by-step overview of the Connecticut Divorce Process

Filing for divorce in Connecticut involves several steps. Use this simplified, step-by-step process as a guide to the divorce filing procedure. Please note that while these answers provide general information, they are not legal advice and there is no attorney-client privilege triggered by the reading of this content. It is always recommended to consult with a family law attorney in Connecticut for personalized advice based on your specific situation.

Step 1:
Eligibility

Ensure that you meet the residency requirements for filing a divorce in Connecticut. At least one spouse must have lived in the state for at least 12 consecutive months before filing.

Step 3:
Forms & Filing

Completing Forms

Your lawyer will help you decide whether to file for a "no-fault" or "fault" divorce.

No-fault divorce - you and your spouse agree that the marriage has irretrievably broken down. No-fault divorces are generally simpler and more common.
Fault divorce - you assert that the divorce is due to specific grounds, such as adultery, abandonment, or cruelty.

Your attorney will also advise you on the necessary documents to complete for initiating the divorce process. These typically include the completed divorce complaint form, financial affidavits, and any other relevant forms required by the court.

Filing the Complaint

When completing these forms, provide all required information about you, your spouse, your children (if applicable), and the reason for divorce. Ensure that the information is accurate and complete. If you have any questions or are unsure about certain sections, consult your attorney.

Your attorney will take the completed divorce complaint form and any other required documents to the clerk's office at the local courthouse. They will file the forms, pay the necessary filing fees (if applicable), and keep copies of all documents for your records. The clerk will assign a case number and provide copies of the filed forms.

Once filed, the divorce complaint and other filed documents will be served to your spouse. This can be done through a professional process server, using certified mail with return receipt requested, or by having an adult who is not a party to the case personally deliver the papers to your spouse. Proper service methods must be followed according to Connecticut law.

Awaiting Response

After being served, your spouse has a specific period to respond to the divorce complaint. If your spouse fails to respond within the allotted time, you may be eligible to proceed with a default judgment.

Step 5:
Mediation & Negotiation

Mediation is a popular alternative dispute resolution method used in family law cases in Connecticut. It is a voluntary process where divorcing or separating couples work with a neutral third-party mediator to negotiate and reach agreements.

If you and your spouse are willing to work together, you can negotiate the terms of your divorce, including child custody, child support, alimony, and division of assets and debts. You may also choose to seek mediation, where a neutral third party helps facilitate discussions and reach a mutually acceptable agreement.

Mediation is a voluntary process, meaning both parties must agree to participate. Parties can choose a mediator together or, if they are unable to agree, the court may appoint a mediator. It is important to select a qualified mediator experienced in family law matters and trained in mediation techniques.

The mediation process can proceed in this way:

Initial Meeting
Mediation Sessions
Identifying Issues and Negotiations
Drafting Agreements
Court Approval

Mediation in Connecticut family law cases can promote cooperation, reduce conflict, and allow parties to maintain control over their decisions. It can be a more cost-effective alternative to litigation, while also fostering a more amicable post-divorce relationship.

Step 2:
Attorney Consultations

Selecting the right family law attorney is not a decision to make lightly. The attorney you choose will guide you through complex legal processes while protecting your rights and nurturing your emotional well-being.

When choosing an attorney:

Research thoroughly. Look for an attorney with experience practicing family law in your area. Take a look at customer reviews. Consider trusted word of mouth recommendations.
Attend consultations. Ask questions about their practice. Do they prefer mediation over litigation? Will they focus on child support or custody? Will they fight for equal parental rights? Ask about their preferred communication methods and determine if those are a match with yours.

Trust your instincts. Weigh the answers provided and research you’ve conducted without judgment or bias. You will know when you’ve found the right attorney.

Whether you work with Levine Litigation or another firm, it is important to find a family law attorney that fits your family's unique circumstances.

Step 6:
Attend Hearings & Finalize The Divorce

If you and your spouse cannot reach an agreement through negotiation or mediation, the court will schedule hearings to resolve outstanding issues. These hearings may include temporary orders, custody evaluations, or financial disclosure requirements. Both parties will have the opportunity to present their case to the judge.

Once all matters are resolved and the judge approves the settlement or makes final decisions, the court will issue a final divorce decree. This decree outlines the terms of the divorce, including custody arrangements, support orders, and property division. Keep copies of the decree for your records.

Sara DuCotey

“Attorney Levine encompasses everything you’d want in a lawyer. She’s knowledgeable of the law, committed to going above and beyond, respectful, and professional. Her passion for helping people shines through in everything she does. I felt confident in her ability and always appreciated her transparency. I wouldn’t hesitate to use her again and cannot recommend her enough!”

We're here for you

Our local attorneys serve clients across the state of Connecticut. We keep up with Connecticut’s latest rules, laws, and best practices to ensure you get top-notch legal guidance throughout your case.

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“Our mission is to nurture you through the emotional struggle while protecting you on the legal front.”

Rachael Levine

Principal Attorney

Your Family Firm

Levine Litigation

What to expect

Where we work

FAQs

Navigating Family Law Together

Trusted Family Experts

Compassionate Defenders

Strategic Negotiators

Get in touch 👋

What to expect

A step-by-step overview of the Connecticut Divorce Process

Step 1:
Eligibility

Step 3:
Forms & Filing

Step 4:
Discovery

Step 5:
Mediation & Negotiation

Step 2:
Attorney Consultations

Step 6:
Attend Hearings & Finalize The Divorce

We're here for you

Levine Litigation

We're here to help

What to expect

Where we work

FAQs

Levine Litigation

What to expect

Where we work

FAQs

Navigating Family Law Together

Trusted Family Experts

Compassionate Defenders

Strategic Negotiators

Get in touch 👋

What to expect

A step-by-step overview of the Connecticut Divorce Process

Step 1: Eligibility

We're here for you

Levine Litigation

We're here to help

What to expect

Where we work

FAQs

Step 1:
Eligibility