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The nonadversarial divorce: who qualifies for Connecticut's short path

General information about Connecticut court procedure, not legal advice.

Connecticut has a divorce path with no judge, no hearing, and a decree in roughly 35 days: the nonadversarial dissolution. It is real, it is the fastest way through, and it is narrow. Both spouses file together, and every condition on a statutory list must be true. This guide covers the conditions, the paperwork, and what happens if circumstances change.

The conditions, all of them

Both spouses attest under oath, at the time of filing, that all of the following are true:

  1. The marriage has broken down irretrievably
  2. The marriage has lasted 9 years or less
  3. Neither spouse is pregnant
  4. No children were born to or adopted by the spouses, before or during the marriage
  5. Neither spouse has any interest or title in real property
  6. The total combined fair market value of all property owned by either spouse, minus what is owed on it, is less than $80,000
  7. Neither spouse has a defined benefit pension plan, meaning a plan that promises a specified monthly retirement benefit set by a formula
  8. Neither spouse has a pending bankruptcy petition
  9. No other divorce, civil union dissolution, legal separation, or annulment case is pending between you in any state or country
  10. No restraining order or protective order between the spouses is in effect
  11. Connecticut's residency requirements are met

One condition failing closes this path, but not the courthouse: the ordinary divorce paths remain, including divorce with an agreement. ProSay's questions check each condition and tell you which path is open.

If something changes

The attestation speaks as of filing, and the statute adds a duty: if any condition changes after filing and before the decree, one or both spouses must notify the court promptly.

The paperwork

  • Joint Petition, Nonadversarial Divorce (form JD-FM-242). One petition, signed by both spouses, notarized, attesting to the conditions above and stating the date and place of the marriage and each spouse's current address. It is filed in the judicial district where either of you lives.
  • Financial Affidavits (form JD-FM-6), one from each spouse. See our guide on the financial affidavit.
  • Notice of Automatic Court Orders, Nonadversarial (form JD-FM-260). The automatic orders in this path take effect against both spouses when the petition is filed.
  • Appearance (form JD-CL-12), one for each spouse.
  • Certification of Notice (form JD-FM-175), if either spouse has ever received public assistance.
  • Agreement, Nonadversarial Divorce (form JD-FM-243), if you are dividing property, money, or debt. It states the division of property, the division of debts, and any name change, both spouses attest it is fair and equitable, and it is sworn before a notary or clerk.

No judge, about 35 days

Under this procedure the divorce may be granted in approximately 35 days without either spouse seeing a judge. The court reviews the papers, so the financial affidavits and the agreement deserve the same care they would get in any other divorce.

Changing your mind

Either spouse can end the nonadversarial case by filing a notice of revocation with the clerk at any time before the decree enters, mailing a copy to the other spouse at the address on the petition. The case then moves to the regular family docket and proceeds as an ordinary divorce, with no new filing fee.

If you want your name restored

The agreement form includes a section for restoring either spouse's birth or former name as part of the decree.

Where to get help

Connecticut's Court Service Centers offer free help for self-represented parties. The clerk's office can answer questions about procedure but cannot give legal advice. Legal aid organizations serve people who qualify. If you want legal advice, talk to a licensed Connecticut attorney.

ProSay is not a law firm and does not provide legal advice. ProSay is a self-help document preparation service.