Chances are you didn’t come to this decision lightly. Ending a marriage is a big deal. Even if you’re absolutely miserable in the marriage, divorce is still a big step. However, you’re positive it’s the right move. You’re ready to get started with the legal process. All that’s left is figuring out if you’re filing for divorce or a dissolution of marriage.
In Connecticut, navigating the differences between divorce and dissolution of marriage is surprisingly easy. This is because Connecticut uses the two terms interchangeably. In other words, a divorce and dissolution of marriage follow the same essential steps.
Steps for Filing for a Divorce in Connecticut
Okay, whether you’re calling it a divorce or dissolution of marriage, you’re going through the same legal process. If you’re wondering why the state uses two terms, it typically comes down to the reason you’re filing.
Divorces tend to occur when the partners simply can’t live together for whatever reason. Dissolution of marriages is more common when a spouse dies. However, once again, Connecticut uses the two terms to refer to the same legal process.
Start with Paperwork
We should mention we’re looking at this process as a plaintiff. This is the individual filing for the divorce. If you’re the defendant, the individual receiving the paperwork, your steps are going to be a tad different.
So, as the plaintiff, you start by filling out a Divorce Complaint with the State of Connecticut Superior Court. You can also request a dissolution of marriage form, you’re going to get the exact same paperwork.You’re going to need to provide the following information:
- Spouses’ names
- Their birthdates
- The date of the marriage
- The town, state, or county where the marriage took place
If you can only remember the venue’s name, check your marriage license for the state, county, and/or town. You’re also going to need to list your ties to Connecticut. You can’t just pick a state at random and file for divorce. You must have ties to the state you’re filing in. This typically means showing proof of residency during your marriage, up to its end.
You’re also going to need to list a reason/s for the divorce. Sorry, divorcing because you’re bored probably isn’t going to fly in Connecticut Family Court. Instead of going through the divorce process, the court is probably sending you and your spouse to counseling. Your marriage must be broken beyond repair. The reason for filing must also be listed in the state’s General Statutes 46b-40c.
If you have shared children under 23 years of age, include this information. This applies even if child support and/or custody isn’t part of the process. With that being said, if you’re seeking child support and/or custody, you must list the child or children’s names and ages.
File a Summons with Your Divorce Complaint
Connecticut requires a summons with all divorce complaints. You’re divorce complaint also includes a Notice of Automatic Court Order. The complaint starts the divorce process and the court order notice simply indicates the paperwork is being filed.
You’re also going to need to fill out a summons. Don’t worry, it’s actually an automatic part of the process. Just make sure you file the summons with the State of Connecticut Superior Court. Your soon-to-be former spouse is served with the summons. They have a set deadline to file the summons with the Superior Court Clerk. If your spouse decides to ignore the summons, the court typically rules in your favor.
Don’t Forget to Pay the Fees
You may think the IRS is bad when it comes to paying taxes and fees. The government agency has some competition when it comes to the Superior Court clerk collecting your fees. Don’t even think about trying to file your divorce complaint without attaching the fees. Your complaint may not end up in the trash but it’s definitely not moving through the legal process.
The fees aren’t exactly cheap. You should expect to shell out around $350 for filing your divorce complaint. The fees also cover delivery of the summons to your spouse so at least that’s off your plate.
Your Case is Finally Opened
The divorce complaint is filed, all filing fees are currently paid, and your case is finally open. Your divorce is now starting the legal process. You should also know your divorce is now part of the public record. Yep, this means just about anyone can look your marital status up online.
File Another Notice
Just when you think you’re done with filing fees, another one pops up. Now, you’re filing a Notice of Automatic Court Orders. This is the form that usually comes with your initial complaint. There’s not a whole lot to file out. Essentially, you’re just repeating the provided information.
Even though this may seem like you’re repeating a step, it’s an essential one. The notice automatically prevents you and your spouse from selling, gifting, or mortgaging any shared assets until the divorce is finalized.
Your both prohibited from getting into debt during the proceedings. This means not taking and maxing out any new credit cards. Any insurance policies listing you and your spouse, and/or children also must be left intact. Essentially the notice works to protect your assets during the divorce.
Negotiation Process
Some couples have everything figured out before heading to divorce court. Others need a bit of help. Instead of listening to you and your spouse argue in court, the judge usually sends divorcing couples to mediation.
Don’t get frustrated. Mediation can help speed up your divorce. The mediator is a neutral third party who works to help you reach an agreement. Once you have an agreement, all that’s left is filing the paperwork in court. If the judge agrees, your divorce is finalized.
Ensuring a Smooth and Relatively Easy Divorce
Ending a marriage is rarely easy but you don’t need to make it any more difficult. Following these steps can smooth out the process. However, hiccups can still pop up. When this happens, a Connecticut divorce attorney can help. Whether it’s filling out paperwork or navigating the court process, your attorney can help you every step of the way.
