Is There A Waiting Period Before I Can Get Divorced in Connecticut?

Currently, under Section 46b-67 of Chapter 815j of the Connecticut General Statutes, you are required to wait a minimum of 90 days from the “Return Date” (the official start date of your case).  All deadlines and statutory periods are measured from the “Return Date,” but is important to keep in mind that after your attorney completes your Summons, Complaint, and Notice of Automatic Orders, time is needed prior to the Return Date for (1) the judicial marshal to serve your spouse and (2) for the served papers to be returned to the court.

As a result, even under the best of circumstances, a more realistic minimum time it takes for a Connecticut divorce to be completed is closer to 4 months.  (More complicated divorces can take significantly longer.)

Although the 90 Day Waiting Period is unavoidable, it can be a productive time.  During the 90 Day Waiting period, Freed Marcroft will typically negotiate with your spouse’s attorney to try to reach a final resolution to your case.

As we wrote about here, the judicial branch is currently considering a proposal that would institute a simpler, more streamlined procedure for people who want to get a divorce, have no children, have limited assets and who agree on the terms of their dissolution.  The proposed change would reduce the Waiting Period from 90 days down to 30 days.  In addition, under this model, judges could grant the divorce ‘on the papers,’ without the parties having to come to court.

UPDATE:  Effective October 1, 2015.  Certain couples are now eligable for a shorter waiting period.  See our blog post here.

If you would like to consider Freed Marcroft for your family law or other legal needs, please contact us.

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Written by Meghan Freed