The Connecticut marital settlement agreement is a legal document with the purpose of specifying the terms and obligations of a married couple in the divorce process. This document covers matters like child support, alimony, and division of property.
Spouses who wish to initiate a divorce process can do so by themselves using a marital settlement agreement template, or they can seek the help of a divorce lawyer.
Divorce Forms
The divorce forms should be filed with the Superior Court Clerk’s Office, and the filing fee is around $350. The waiting period is between 30 and 90 days.
Divorce Laws and Legal Requirements in Connecticut
The divorce laws and legal requirements in Connecticut are made to guarantee fairness and protect each party’s legal rights.
Laws and Legal Requirements
Alimony: Section 46b-82 of the Connecticut General Statutes states that the court can order one spouse to pay alimony to the other if needed. A few factors will be considered while deciding on the amount and duration of support, like marriage length, the financial situation of spouses, and the reason for divorce.
Child Support: According to Section 46b-84 of the Connecticut General Statutes, the court can order child support from one spouse, and it will consider factors like the spouse's financial status and the child's needs. The court will also include provisions for health insurance in each support order.
Division of Property: Section 46b-81 of the Connecticut General Statutes states that the court can divide marital property in a way that is fair and beneficial to both parties. The court will consider factors like the length of marriage, the age and health of spouses, or income when making a decision.
Grounds for Divorce: Section 46b-40 of the Connecticut General Statutes provides a list of valid reasons for divorce. For example, divorce will be granted if spouses live separately, one spouse commits adultery, or marriage is considered irreparable.
Interim Support: The court may order temporary financial support at any time during the divorce process in accordance with Section 46b-83 of the Connecticut General Statutes.
Residency: Section 46b-44 of the Connecticut General Statutes states that one spouse must be a resident of the state of Connecticut for one year before filing for divorce, or one spouse was a resident of the state when they married and came to live in Connecticut permanently before filing for divorce.
How to File For a Divorce in Connecticut in 10 Steps
In order to file for divorce in Connecticut, the following steps should be taken.
#1. Fill Out the Divorce Form
The key document needed to initiate the divorce process is the “Divorce Complaint/Cross Complaint” form. All necessary forms can be acquired from the Connecticut Judicial Branch website or from the courthouse in your county.
The complaint must include personal information about both spouses and children. Additional documents may be needed, depending on the circumstances. For example, "Summons,” “Notice of Automatic Court Orders,” and “Affidavit Concerning Children.”
Copies of all documents should be made before filing for divorce.
#2. File for Divorce
After all documents are gathered and reviewed to make sure everything is in order, the spouse can file for divorce. Documents are filed at the local clerk’s office, and a filing fee must be paid.
If the spouse is unable to pay the fee, there is an option to sign a waiver and be exempt from paying it. Then, the clerk will read the documents, sign the summons, and return them to the spouse.
The waiting period can be shorter if spouses have a divorce settlement agreement and are proceeding with an uncontested divorce process.
#3. Serve Divorce Papers
To serve divorce papers, the spouse must provide a summons and the divorce papers to the state marshal’s office. The list of state marshals can be obtained at a local courthouse or online on the Connecticut Judicial Branch website.
The state marshal will then, for a fee, serve the documents to the defendant. When the defendant is served, the marshal will take the documents either to the plaintiff or directly to court.
The "Return of Service” form should be filled out and signed by the state marshal and included in the original divorce documents.
#4. Complete the Marital Settlement Agreement
A marital settlement agreement is needed if spouses wish to proceed with the uncontested divorce process and make the process shorter. However, if the defendant files a divorce complaint, then the spouses enter a contested divorce process.
In cases of contested divorce, the court will have to make decisions about child custody, parenting plans, marital property, and/or alimony. The terms and obligations agreed upon in the settlement, if decided to be fair by the court, will be included in the divorce decree.
#5. File the Case Management Agreement
The case management agreement form must be completed and filed with the court before the case management date. This document specifies the agreed procedures, scheduled dates, and deadlines.
The purpose of this agreement is to ensure that both spouses are aware of their obligations and to make the process smoother and more efficient. Both parties and any present legal representatives must sign the agreement.
#6. Obtain the “Appearance and Answer“ Documents
“Appearance” and “Dissolution Answer” are legal documents that inform the court of the defendant's decisions. An "Appearance” form is filed with the court by a legal representative or by the spouse to indicate they are participating in the divorce process.
It includes basic information like both spouses’ names, the address of the defendant, and information about the case. The defendant uses a "Dissolution Answer" form to let the court know whether they agree or disagree with the allegations in the divorce complaint.
#7. Complete the Financial Affidavits
A financial affidavit is a legal document used to provide information about a spouse's financial situation. This document details spouses’ expenses, assets, income, and liabilities. The template for it can be found online on the Connecticut Judicial Branch website or in the local courthouse.
The affidavit must be signed, notarized, and filed with the court between 5 and 30 days before the hearing. A copy of the document should be presented to the other spouse, too. If either spouse is uncertain about something, legal assistance is advisable.
#8. Attend the Parenting Program
Spouses with children must attend a parenting program to improve their parenting skills and learn how to strengthen their relationship with children. The list of approved programs is provided online on the Connecticut Judicial Branch website.
Spouses need to give the “Parenting Education Program Order, Certificate, and Results” form to the program provider. This form includes personal information about the participant, a completion certificate, and participation results.
Additionally, spouses should fill out the “Child Support Guidelines Worksheet,” where they will determine child support obligations.
#9. Go to the Court Hearing
Before going to the court hearing, spouses should make sure that their divorce documentation is in order. For information on the process or legal advice, they should seek help from a divorce attorney.
At the hearing, spouses will have the opportunity to present the case to the court, and after that, the judge will review the case and make a judgment. If everything is in order and the judge determines that the terms are fair, then the divorce can be granted.
Finally, spouses will complete and file a “Dissolution of Marriage (Divorce) Judgement” with the court.
#10. Change Your Name
When divorce is finalized, the spouse must obtain a certified copy of the “Dissolution of Marriage (Divorce) Judgement.” This document serves as proof needed when updating personal documents and records.
Spouses should change their names on personal documents like an ID card, passport, or driver’s license. Names on public records should be updated as well, including utility bills, bank records, and contracts. And, of course, family, friends, and employers should be informed about the change.