Guide to Uncontested Divorce in Connecticut
Filing for divorce doesn’t mean you must go through an adversarial drawn-out court battle that drains you mentally and financially.
Many couples opt to file for an uncontested divorce in CT, which differs from a contested one in several ways. An uncontested divorce means both parties have agreed on all outstanding issues such as child custody, allocation of assets, and division of debts.
While this process is much more straightforward than a contested divorce, it may still be best to hire a Connecticut divorce attorney to represent you.
Requirements for an Uncontested Divorce in Connecticut
Before you can file for an uncontested divorce in Connecticut, you must meet a few legal requirements. You can start the divorce process if one spouse resides in Connecticut. However, you must meet additional requirements before the court finalizes a divorce.
Examples of residency requirements at the time the divorce is final include:
- One of you have lived in the State of Connecticut for at least one year.
- One or both of you lived in Connecticut at the time of the marriage and has returned to living in Connecticut with the intention of keeping Connecticut as their home state.
- The reason for the divorce filing occurred after one of you moved to Connecticut.
You must resolve all issues before moving forward with an uncontested divorce. That includes spousal support, child support, custody, visitation, etc.
You may be able to use a mediator to resolve your issues should there be any obstacles. Once you reach an agreement and sign off, it’s a legally binding contract. It will become part of your final divorce paperwork as well.
What Connecticut Divorce Forms Do You Need?
To start the uncontested divorce process, one spouse must file paperwork with the appropriate court. Connecticut divorce forms are available online and there are people in the Court Houses who may be willing to help. Call your nearest Superior Court Clerk’s office.
Initially, you will need a:
If you have children, you will also need other forms, including:
Connecticut requires parents with minor children to undergo a parenting education program. You will also need to provide a certificate of completion.
Is There an Uncontested Divorce Hearing?
The court in the past would schedule a hearing date but because of backlogs the court allows for a no hearing divorce if everything is agreed to and there are no protective orders. The court will review all papers.
Couples must typically wait 90 days (after the return date) before a judge will grant a divorce or hold a hearing if one is requested or required. However, with an uncontested divorce, you can apply for a waiver after 30 days from the return date have passed. This waiver would allow you to get an earlier divorce and a possibly a hearing date if one is needed or desired.
If the judge grants your waiver request, they will move forward with reviewing your paperwork and verifying your agreement is fair to both sides. The judge might ask some questions at the hearing.
Once everything is in order, the judge will add your agreement to the decree and sign off on your divorce. In some situations, the judge may issue your final decree without a hearing—for example, if you have agreed to everything, have no children and no joint assets.
Contact a Connecticut Family Law Attorney
If you want to know more about uncontested divorce in CT, StangerLaw LLC is here to help.
We have years of family law experience and can help you determine the type of dissolution that is best for you. Even in many uncontested divorces, it’s beneficial to have a legal advocate on your side. Contact our office online or call (860) 561-0651 today to schedule an initial consultation to learn how we can assist with all your family law needs.