Divorce in Connecticut (2026)

Connecticut’s Broad Judicial Discretion Over All Property

The most distinctive feature of Connecticut’s divorce framework is the court’s exceptionally broad discretion in dividing property. Under CGS Section 46b-81, the court may assign to either spouse all or any part of the estate of the other spouse — including both marital and separate property. Unlike most states where separate property (assets owned before the marriage, inheritances, gifts) is protected from division, Connecticut courts may consider and divide essentially any asset either spouse owns.

This means that a substantial inheritance, a family trust interest, or a business started before the marriage may all be subject to division in a Connecticut divorce. While courts do not always divide separate property, the legal authority to do so gives Connecticut courts among the broadest property division powers in the country.

For a broader understanding of the divorce process, see our complete guide to divorce.

Residency Requirements

Under CGS Section 46b-44, at least one spouse must have been a resident of Connecticut for at least 12 months before the court can grant the divorce. There is an alternative basis: if one spouse was domiciled in Connecticut at the time of the marriage and returned to the state with the intention of permanently residing before filing, the residency requirement is also met. The divorce action is filed in the Superior Court for the judicial district where one of the spouses resides.

The Return Date System

Connecticut’s divorce process uses a unique procedural mechanism called the return date. Rather than measuring the waiting period from the date of filing, Connecticut measures its 90-day waiting period from the return date — the date specified in the summons by which the defendant must file an appearance with the court.

The return date is typically set for a Tuesday at least 12 days after service of the summons. The plaintiff files the complaint on or before the return date, and the 90-day waiting period begins running from that date. This system differs from most states where the timeline begins on the date of filing and can cause confusion for people accustomed to other states’ procedures.

Grounds for Divorce

Connecticut offers both no-fault and fault-based grounds under CGS Section 46b-40.

No-fault grounds include irretrievable breakdown of the marriage, incompatibility, and living apart for 18 continuous months with no reasonable prospect of reconciliation. Irretrievable breakdown is by far the most commonly cited ground.

Fault-based grounds include adultery, fraudulent contract, willful desertion for one year with total neglect of duty, seven years’ absence without being heard from, habitual intemperance (substance abuse), intolerable cruelty, sentence to imprisonment for life, and conviction of an infamous crime involving a violation of conjugal duty punishable by imprisonment for more than one year.

While fault grounds are available, courts in Connecticut may consider the cause of the marriage’s breakdown when determining alimony and property division, which is one reason some petitioners still choose to allege fault.

Filing Fees and Costs

The filing fee for a divorce in Connecticut is approximately $360, which includes the court entry fee and service of process costs. Additional expenses may include fees for required parenting education programs (in cases involving minor children), copies of certified court documents, and attorney fees. Fee waivers are available for individuals who meet income eligibility requirements.

The 90-Day Waiting Period

Connecticut imposes a 90-day waiting period measured from the return date of the complaint. In uncontested cases, the divorce may be finalized shortly after the 90-day period has elapsed. Contested cases will take longer, depending on the complexity of the issues.

Property Division

Connecticut follows equitable distribution under CGS Section 46b-81. As noted above, the court’s authority extends to both marital and separate property. Factors the court considers include:

• The length of the marriage
• The causes for the dissolution
• The age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, and needs of each party
• The opportunity of each party for future acquisition of capital assets and income
• The contribution of each party in the acquisition, preservation, or appreciation of assets

The practical implication of Connecticut’s broad discretion is that financial planning during divorce must account for the possibility that any asset — regardless of when or how it was acquired — may be considered in the division. This gives Connecticut divorce courts more flexibility than most, but also creates greater uncertainty for the parties.

Alimony

Connecticut courts may award alimony under CGS Section 46b-82. The court considers a range of factors, including the length of the marriage, the causes for dissolution, the age and health of each party, each party’s earning capacity and employability, and the property division award. Alimony may be temporary, rehabilitative (to allow a spouse time to become self-supporting), or permanent in longer marriages.

Connecticut also permits lump-sum alimony awards, where the entire obligation is paid as a single payment rather than in periodic installments.

Unlike many states, Connecticut permits the court to consider marital fault when determining alimony. A spouse who committed adultery or engaged in other misconduct may receive a reduced award, or the other spouse may receive a larger one, depending on the circumstances.

Custody and Parenting Plans

When minor children are involved, Connecticut courts determine custody based on the best interests of the child under CGS Section 46b-56. The court may award sole or joint legal custody, and sole or joint physical custody. Parents are required to attend a parenting education program, and mediation is mandated in contested custody disputes. For more on how custody works, see our guide to child custody in Connecticut.

The Divorce Process

The typical steps in a Connecticut divorce include:

1. Filing the complaint. One spouse files a complaint for dissolution of marriage in the Superior Court.
2. Service and return date. The complaint is served on the other spouse, and a return date is set.
3. 90-day waiting period. The court cannot enter a final judgment until at least 90 days after the return date.
4. Financial disclosures. Both parties exchange sworn financial affidavits.
5. Negotiation or mediation. The parties attempt to resolve issues, including property, alimony, and custody.
6. Final hearing. If an agreement is reached, it is presented to the court for approval. If not, the case proceeds to trial.

Uncontested divorces in Connecticut typically take 4 to 6 months, while contested cases may take one to three years.

When to Consult an Attorney

Connecticut’s broad judicial discretion in property division and alimony awards makes professional guidance particularly valuable. The court’s ability to consider separate property, fault, and a wide range of financial factors means that outcomes can vary significantly depending on the facts of each case.

Whether your divorce is straightforward or complex, consider scheduling a free consultation with a family law attorney to understand your rights and options.

Frequently Asked Questions

What are the residency requirements to file for divorce in Connecticut?

Under CGS Section 46b-44, at least one spouse must have been a resident of Connecticut for at least 12 months before the court can grant the divorce. Alternatively, if a spouse was domiciled in Connecticut at the time of the marriage and returned to the state with the intention of permanently residing before filing, that also satisfies the requirement.

Is Connecticut a community property or equitable distribution state?

Connecticut follows equitable distribution under CGS Section 46b-81. Notably, the court has exceptionally broad discretion and may consider both marital and separate property when dividing assets — unlike many states where separate property is excluded. This means assets owned before the marriage may still be subject to division.

What is the waiting period for a Connecticut divorce?

Connecticut imposes a 90-day waiting period measured from the return date of the complaint (the date specified in the summons by which the defendant must file an appearance). Uncontested divorces typically take 4 to 6 months total, while contested cases may take one to three years.

Does fault affect alimony or property division in Connecticut?

Yes. Connecticut permits courts to consider the causes for the dissolution of the marriage when determining both alimony under CGS Section 46b-82 and property division under CGS Section 46b-81. A spouse who committed adultery or other misconduct may receive a reduced alimony award or a less favorable property division.

What is the “return date” in a Connecticut divorce?

The return date is a procedural mechanism unique to Connecticut. It is the date specified in the summons by which the defendant must file an appearance with the court. Connecticut measures its 90-day waiting period from this return date, not from the date of filing. The return date is typically set for a Tuesday at least 12 days after service of the summons.

Can my inheritance be divided in a Connecticut divorce?

Potentially, yes. Connecticut is one of the few states where the court has authority to consider and divide separate property, including inheritances, gifts, and assets acquired before the marriage. While courts do not always exercise this authority, the legal power exists under CGS Section 46b-81. The likelihood of an inheritance being divided depends on factors such as the length of the marriage and each party’s financial circumstances.

How This Guide Was Researched

This guide was developed through a comprehensive review of Connecticut’s dissolution statutes under CGS Title 46b, including the residency requirements under Section 46b-44, the grounds for dissolution under Section 46b-40, the property division provisions under Section 46b-81, and the alimony framework under Section 46b-82. We analyzed Connecticut Superior Court decisions addressing the scope of judicial discretion over separate property and the role of fault in financial determinations. Additional sources included the Connecticut Judicial Branch’s family law filing guides, the Connecticut return date procedural system documentation, and the Connecticut Bar Association’s family law section publications.

Sources and Legal References

• CGS Section 46b-40 — Grounds for dissolution of marriage (no-fault and fault-based)
• CGS Section 46b-44 — Residency and jurisdictional requirements
• CGS Section 46b-81 — Property division with broad discretion over marital and separate property
• CGS Section 46b-82 — Alimony factors and authority
• CGS Section 46b-56 — Custody (best interests standard)
• Connecticut Superior Court decisions on the scope of judicial discretion in property division
• Connecticut Judicial Branch return date procedures

Official Connecticut Resources

• Connecticut Judicial Branch – Divorce, Custody and Visitation

For more about how we research our guides, see our editorial policy and sources methodology.

Related Guides

• Child custody in Connecticut — Best interests factors, mediation, and the coercive control reform
• Child support in Connecticut — Income shares model and the 40% shared custody threshold
• Community property vs. equitable distribution — How Connecticut’s broad discretion compares to other states
• Divorce with children — How custody, support, and parenting plans interact with divorce
• Contested vs. uncontested divorce — Understanding the difference in timelines and cost
• How long divorce takes — Timelines by state and case type
• Divorce statistics — National and state-level divorce data