Filing and Procedural Basics
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By Susan K. Smith, Attorney at Law
Published: July 17, 2004 |
Where You Must File
See Court House Guide - a table of Connecticut Judicial Districts, towns served by each, addresses and phone numbers. For additional information, including travel directions and office hours, see the State's judicial website page.
Residency Requirement
One party must have been domiciled continuously in Connecticut for a period of 12 months prior to the date that the Court issues the judgment. You may file for divorce without meeting the 12-month residency requirement as long as you meet the requirement on the date of the divorce. There are other exceptions as well: the reason for the divorce arose after you and your spouse moved to Connecticut, if you were Connecticut residents before going on duty which took you out of state, or if you were previously a resident of Connecticut and moved back to Connecticut with the intent of making Connecticut your permanent residence.
Waiting Period
The waiting period is 90 days from the "Return Date" (official starting date of your case), but additional time is needed for the marshal to make service and for the served papers to be returned to the court prior to the Return Date. Actual time is about 4 months under the best of all circumstances. All deadlines and statutory periods are measured from the Return Date.
Costs
Court Filing Fee: $225.00
Sheriff's Fee: $30-50
Parenting Education Class: $100.00 per party
Certified Copy of Decree: $25
Case Management Program
There is a mandatory case management conference 90 days from the "return date" (the official starting date of the case). If the parties file a case management agreement stating that all issues are resolved, the parties can appear and request that the divorce be granted on the Case Management Date. If a case is contested, deadlines for completing discovery and financial disclosure will be assigned by the court. Under the new program, it is theoretically possible to have a divorce granted on the 90th day. You do not go to court if you file the Case Management Report prior to the Case Management Date.
Automatic Restraining Orders
Automatic restraining orders are entered upon the issuance of a complaint for divorce. The orders are binding upon the plaintiff (person who files for the divorce) at the time the papers are issued and are binding on the defendant spouse at the time the papers are served. The purpose of the automatic orders is to provide a cooling off period to maintain the status quo and to deter the parties from raiding assets or taking other steps to disadvantage the other spouse at the outset of a divorce. The secondary purpose of the automatic orders is to save the parties the expense of filing motions for restraining orders and certain discovery motions at the beginning of each case. For example, the automatic orders restrain (prohibit) the parties from:
- withdrawing large amounts of funds,
- incurring major expenses,
- selling or mortgaging property,
- changing life insurance beneficiaries
- relocating children
The Court has the discretion to modify any of the orders. Modification is applied for by filing a motion stating the grounds for modification.