What Types of Divorce Are There in Connecticut?
Updated Novermber 20, 2024
You’re considering divorce and are wondering: “What types of divorce are there in Connecticut? What are my options?”
Divorce is a deeply personal journey. Just as no two marriages are the same, there also isn’t a one-size-fits-all solution to ending one. Every couple’s circumstances are unique, so understanding the different approaches to divorce is crucial. Once you understand the divorce options available to you, you can make informed decisions that best align with your needs, priorities, and goals for the future.
In this comprehensive guide, we’ll walk you through the various types of divorce. These include out-of-court approaches like mediation and collaborative divorce and more structured processes like litigation. Divorce can also take a lot of forms within the general “divorce litigation” category. That’s why we will also break down the differences between contested and uncontested divorce litigation and discuss both no-fault and fault-based divorce. Whether you and your spouse are aiming for an amicable resolution or preparing for a more contentious process, we’ll provide insights to help you confidently navigate the complexities, come what may.
Know that each type of divorce—collaborative, mediated, or litigated—has pros and cons. There is such a thing as good litigation and such a thing as bad (or even failed) mediation. By understanding these differences, you’ll be better equipped to choose your best path. We’ll explore how these approaches differ, the circumstances where each might shine, and how they align with common goals like preserving relationships, protecting assets, or minimizing stress.
At Freed Marcroft, we know that knowledge is the key to empowerment. Our goal with this guide is to provide you with the clarity and insight you need to take control. Wherever you are in your divorce journey, we want to help you access tools to decide with confidence.
Let’s dive in and explore the options that can help you move forward with purpose and clarity.
CT Divorce Types
There are three basic divorce options available in Connecticut. They are mediation, collaborative divorce, and litigation. Litigation is the “default” divorce process in Connecticut. In other words, if you and your spouse don’t opt into one of the alternative, out-of-court divorce approaches, your divorce will be litigated. Note that just because you have a litigation does not mean that your divorce will be high conflict. We explain the nuances — including contested, uncontested, fault, and no fault — so you walk away with a complete picture.
Read: Divorce in Connecticut: What You Need to Know
Uncontested Divorce
An uncontested divorce empowers couples to take charge of their lives. Instead of relinquishing critical decisions—like dividing assets, determining custody, or arranging support—to a judge who doesn’t know them, the spouses make these decisions themselves. This also \allows for innovative, personalized solutions that a court might not otherwise consider. In essence, spouses can shape their future in a way that best suits them and their families. This helps give both partners a sense of control and empowerment.
Uncontested divorces can happen in any of the three major types of Connecticut divorce — mediation, litigation, or collaborative divorce. While successful mediations and collaborative divorces are always uncontested, litigated divorces can be either uncontested or contested.
Read: What Is an Uncontested Divorce in Connecticut?
Uncontested Divorce: Pros and Cons
Uncontested divorce offers a significant advantage in terms of privacy. Unlike contested divorces, which often unfold in public courtrooms with public records that can be readily accessed online, uncontested divorces are typically resolved behind the scenes. This is particularly beneficial for couples who wish to keep the details of their personal and financial lives confidential. Note that this isn’t just an advantage for public figures. Most parents don’t want their children to be able to google and find the decision from their divorce, either.
Efficiency is another advantage. Because both parties agree, the legal process tends to be faster and less expensive than a contested divorce. The spouses aren’t at the mercy of the court’s schedule (which can create significant delays) and avoid protracted court hearings, saving both time and money. Uncontested divorce’s streamlined nature also often reduces emotional stress, allowing couples to move forward more quickly.
An uncontested divorce is particularly beneficial when children are involved. Couples who work together to reach an agreement set a tone of cooperation and respect by working together to reach an agreement, which is also essential for successful co-parenting. The decision to resolve issues collaboratively typically reduces tension. Ultimately, this helps preserve (and sometimes improve) the spouses’ parenting relationship.
This, of course, creates a more stable environment for children. While uncontested divorces offer numerous advantages, they do require mutual honesty and a willingness to engage openly. Both spouses must approach the process in good faith. If there’s an imbalance of power or undisclosed assets, the resulting agreement may be unsustainable or lead to future disputes. It’s also important to remember that life changes down the road—like a relocation or financial shift—can sometimes strain even the most well-crafted agreements.
Read: Uncontested vs Contested Divorce: Understanding the Differences in Connecticut
Contested Divorce
In a contested divorce, the court is the decisionmaker when spouses cannot reach an agreement on key issues like property division, child custody, or alimony. This legal process, unlike an uncontested divorce where couples work collaboratively, involves litigation. Each spouse presents their case to a judge, who ultimately makes some or all of the decisions. While this formal legal framework can be beneficial in situations with significant disagreements, power imbalances, or mental health or addiction issues, it also presents unique challenges with profound impacts. A contested divorce always falls under “divorce litigation” when it comes to divorce type.
Read: What Is a Divorce Trial?
Contested Divorce: Pros and Cons
One advantage of a contested divorce is the structure it provides to resolve disputes. When negotiations break down, or one spouse refuses to cooperate, the court is there to come in and make the decisions. This can be especially important where there’s a stalemate, and a judge’s input is critical to moving things forward. Note that this isn’t an all-or-nothing situation. The couple can agree on some issues (let’s say, property division and alimony) but disagree on others (for example, custody and covering college expenses).
That said, fully contested divorces are rarely an ideal path. The process can be lengthy, expensive, and emotionally exhausting. Between legal fees, backed-up court schedules, court hearings, and the time it takes to litigate, the most highly contested divorces can stretch on for years. The adversarial nature of litigation can create a hostile environment, making it difficult for spouses to maintain civility. This type of strain is especially hard on children.
Perhaps the most significant downside is the loss of control. When a judge makes the final decisions, you lose control over the outcome. There isn’t a big emphasis on creative solutions in a contested divorce. In other words, while the court strives for fairness, its rulings may not reflect your unique circumstances or priorities. A judge is bound by the law, not by the intricacies of your life.
The emotional toll of a contested divorce can also have lasting consequences. Prolonged conflict often leads to resentment and bitterness, undermining the spouses’ co-parenting relationship. For children, witnessing parental conflict can create feelings of insecurity and anxiety that may linger long after the divorce itself ends.
Read: Contested Divorce Pros and Cons: Is It Right For You?
No-Fault Divorce
No-fault divorce allows one spouse to file for divorce without the need to prove that the other spouse is at fault for the breakdown of the marriage. Instead of assigning blame, no-fault divorce focuses on the reality that the relationship has ended and at least one spouse no longer wishes to be married. This approach has gained prominence because it reduces the emotional and legal burden of proving misconduct. It can help couples transition out of their marriage with less conflict and stress.
The vast, vast majority of Connecticut divorces are brought on no-fault grounds. Couples who divorce using an ADR divorce type — divorce mediation and collaborative divorce — always, or at least almost always, file their divorce based on the “no-fault” ground. Most litigated divorces are also no-fault divorces.
Read: Connecticut No-Fault Divorce
No-Fault Divorce: Pros and Cons
A major advantage of no-fault divorce is the opportunity for spouses to focus on the future instead of rehashing the past. By removing the need to prove fault, couples can concentrate on resolving practical issues like dividing assets and determining custody support. This can create a more cooperative atmosphere. Prioritizing respect and civility during the divorce process helps set the stage for healthier co-parenting relationships post-divorce. Of course, whether to seize this opportunity is ultimately up to the people involved.
No-fault divorce also tends to be faster and less expensive than fault-based alternatives. With the need to gather evidence or litigate claims of wrongdoing removed, couples can avoid protracted court battles and resolve their divorce more efficiently. The reduced conflict can ease the emotional toll of the process and give both spouses a stronger foundation as they move forward. It’s worthwhile to note that even in a no-fault divorce, Connecticut judges are allowed to consider the reasons a marriage broke down when they are diving the spouse’s property.
That said, no-fault divorce isn’t perfect. Some people feel it doesn’t hold their spouse accountable for behaviors that may have caused the marriage’s breakdown, like infidelity or financial irresponsibility. For those seeking validation or justice, no-fault divorce may feel unsatisfying. Additionally, while no-fault divorce simplifies the legal process, it doesn’t eliminate the need for tough conversations and negotiations over issues like property division and custody. These still require thoughtful attention and the willingness to compromise, regardless of the grounds for the divorce.
Read: No-Fault vs Fault Divorce
Fault-Based Divorce
In a fault-based divorce, one spouse must prove that the other’s actions—such as infidelity, abandonment, or abuse—caused the marriage to fail. This approach introduces an element of accountability that some people feel is important.
Fault-Based Divorce: Pros and Cons
For the spouse who feels wronged, a fault-based divorce may provide a sense of validation. It can result in a public acknowledgment of the harm, which, for some people, provides closure.
However, the fault-based process can be both emotionally and logistically demanding. First, in a fault-based divorce, if the judge disagrees that the alleged fault occurred, the couple could theoretically go through a whole divorce trial just to still be married.
In addition, building a case requires gathering evidence and presenting it in court — all of which is invasive, time-consuming, and expensive. The adversarial nature of fault-based divorce often exacerbates tensions, creating an environment that is particularly difficult for families with children. Reliving painful experiences in a public courtroom can add to the emotional toll and delay healing.
Another challenge is that pursuing a fault-based divorce doesn’t always yield the desired outcome. While proving fault might feel like justice, judges typically prioritize equitable distribution of assets and the best interests of children over assigning blame. Plus, Connecticut judges can also consider the reasons a couple’s marriage broke down when they issue financial rulings in a no-fault divorce. As a result, when it comes to the court’s orders on money and custody, the advantages of filing a fault-based divorce are less than one might expect.
For most people, the “cons” far outweigh the “pros,” which is why so few Connecticut divorces are fault-based.
Connecticut Divorce Type 1: Divorce Litigation
Divorce litigation is the traditional process of resolving divorces, and remains the most common CT divorce type. As a reminder, unless both spouses affirmatively agree to a divorce mediation or collaborative divorce, they will have litigated divorce.
It is important to remember that “litigation” is not necessarily synonymous with “bitter courtroom battle.” As we learned above, divorce litigation can be contested or uncontested. It can also be filed on no-fault (the most common approach by far) or for-fault grounds.
In divorce litigation, spouses can be in complete agreement in most areas, but if you cannot come to terms with an important factor, such as the amount of alimony or all the details of the parenting plan, the court is there to decide.
While litigation is sometimes portrayed as a “last resort,” there are situations where it is the most appropriate and effective. If one spouse refuses to engage in good faith, has capacity issues, if there are safety concerns such as domestic violence, or if there are significant disagreements about finances or parenting, litigation provides the structure and legal intervention necessary to resolve the case. In other words, though litigation can be adversarial, it is sometimes the best approach—especially in situations where cooperation or compromise isn’t possible.
Read: How to File for Divorce
Pros of Divorce Litigation
- Clear Legal Framework: Litigation provides a formal process for resolving disputes when communication between spouses is impossible or breaks down.
- Objective Decision-Making: When emotions run high or power imbalances exist, a judge can resolve the impasse. In litigation, unlike with a collaborative divorce or a mediation, you don’t need to start over if you reach a stalemate.
- Accountability: When one spouse is uncooperative, unable, or unwilling to negotiate in good faith, litigation ensures a mechanism exists for resolving the divorce.
- Backstops on Timing: Sometimes, one spouse will “drag their feet” and try to avoid or delay the divorce. In litigation, formal court deadlines and hearings can be a helpful tool to drive the process forward.
Cons of Divorce Litigation
- Loss of Control: Perhaps the biggest drawback of litigation is that it shifts control over the outcome from the spouses to the judge. While the court strives for fairness, the rulings may not reflect your unique circumstances or priorities. (Remember, though, that even in divorce litigation, the spouses can still resolve their issues through negotiation, eliminating the need for a judge to decide.)
- Less Support in Reaching Agreements: Both the meditation and collaborative divorce approaches are designed to help spouses reach agreements. Litigation typically doesn’t have the same emphasis on resolution or support for the spouses.
- Time-Consuming and Costly: Contested litigation often involves lengthy court proceedings, extensive legal filings, and multiple hearings. This process can take months—or even years—to resolve and can come with significant legal fees. Note that uncontested litigations are not necessarily more time-consuming or costly than mediation or collaborative divorce.
- Emotional Toll: High conflict litigation can be stressful and emotionally draining, as it often pits spouses against each other in an adversarial process. This can further strain their relationship and make it harder to maintain civility. This is particularly problematic when they are trying to co-parent children.
- Public Record: Court proceedings are part of the public record, meaning details about your divorce—financials, disputes, and other personal matters—may not remain private. In some cases, the judge’s decision might be openly available on the internet.
At Freed Marcroft, we approach litigation with strategy and precision, always keeping your long-term goals and priorities at the forefront. While we work hard to help our clients minimize unnecessary conflict and resolve matters outside the courtroom whenever possible, we are unwavering advocates when litigation is the best—or only—path forward.
Connecticut Divorce Type 2: Mediation
Mediated divorce is a cooperative approach to ending a marriage. In mediation, a neutral third-party mediator empowers spouses to work through their differences and reach an agreement. What sets mediation apart is its focus on keeping control of the decisions—and the process—in the hands of the spouses, rather than leaving critical choices about their future to a judge or being bound by the court’s timeline. By emphasizing communication and cooperation, mediation allows couples to craft solutions that truly reflect their unique needs and priorities, instilling a sense of control and confidence.
As with litigation and collaborative divorce, mediating spouses can settle their entire divorce or family law matter via mediation. That includes property division, alimony, child support, child custody, and parenting. Mediation can be a particularly effective tool for the complex issues involved in many high-net worth and international divorces. Mediation is also a good approach to resolving any post-judgment problems or changes after divorce.
An essential part of the mediation process is working with mediation review counsel. While the mediator facilitates discussions and provides legal information, each spouse should have an independent attorney acting as mediation review counsel. These attorneys offer their clients independent legal advice so that each spouse fully understands the terms of the agreement and the implications of their decisions. Having dedicated legal counsel helps spouses feel confident in what they are agreeing to—and why—allowing them to move forward with clarity and peace of mind.
Read: What Is Mediation in Divorce?
Divorce Mediation: Pros
Beyond control, one of the key advantages of mediation is its focus on resolution rather than conflict. Unlike litigation, which can sometimes amplify disagreements and require extensive time and resources to argue issues, mediation is designed to help couples find common ground and move forward — despite their differences. Because mediation is an out-of-court process, it keeps things much more private than, say, a contested litigation.
This efficiency makes the process more productive and is generally less expensive in terms of fees. Spouses who mediate can reduce their legal fees by lessening the time they spend on contentious arguments. This is possible because mediators focus on supporting couples in reaching agreements. This allows spouses the potential for a faster, more cost-effective path to divorce.
Mediation also offers flexibility. Unlike litigation, where couples are at the mercy of court schedules, mediation allows spouses to move at their own pace. Many divorce mediators, including those at Freed Marcroft, offer online mediation via Zoom or other platforms. This allows couples the flexibility to decide not just when but where they will be for mediation sessions. These characteristics of mediation are especially helpful for spouses in different physical locations or juggling complex schedules.
Another hallmark of mediation is the opportunity for couples to create tailored agreements. Whether it’s dividing assets, establishing custody arrangements, or determining support, mediation empowers spouses to develop customized solutions that work best for their families. This control helps couples feel more satisfied with the outcomes and sets the stage for a more positive future.
Read: How to Find the Best Divorce Mediator Near Me
Divorce Mediation: Cons
That said, mediation isn’t for everyone. It requires both spouses to participate in good faith, approach the process honestly, and be willing and able to compromise. Mediation may be ineffective if one spouse is uncooperative or tries to hide things. Mediation might not be the best divorce approach when there are significant power imbalances or mental health or addiction struggles.
Read: The Red Flags: Times When Mediation Might Not Be the Best Option
Connecticut Divorce Type 3: Collaborative Divorce
The collaborative approach to divorce prioritizes cooperation and negotiation over the adversarial nature of litigation. Like mediation, it is a private process that takes place outside the courtroom, and focuses on reaching a creative divorce settlement that’s fair and meets the needs of both spouses and their children.
However, collaborative divorce has a distinct structure: both spouses hire specially trained collaborative attorneys who actively participate in meetings. These attorneys are not just present, but they play a crucial role in facilitating productive discussions and guiding the couple toward a resolution. This differs from mediation review counsel, who typically advise their clients separately and aren’t present during mediation sessions. In collaborative divorces, involving other professionals to assist the spouses with finances and parenting is also common.
Read: What Is Collaborative Divorce?
Collaborative Divorce: Pros
One of the key benefits of collaborative divorce is the empowerment it provides to the spouses, keeping control of the outcome in their hands. In certain ways, collaborative divorce provides even more structure to support the spouses than mediation does. Collaborative attorneys and the other collaborative team members help the spouses address their unique needs and priorities and develop creative solutions tailored to their families. The collaborative divorce approach fosters communication and problem-solving, with the goal of allowing both parties to feel heard and be actively involved in crafting their agreement. As a result, resolutions reached through collaborative divorce are often more satisfying to both spouses than those imposed by a court.
Another significant advantage of collaborative divorce is its emphasis on reducing stress and conflict. By avoiding the contentious atmosphere of litigation, couples can create a more amicable environment. The collaborative process encourages respect and understanding, helping to preserve relationships and foster healthier co-parenting dynamics. Additionally, collaborative divorce often leads to quicker resolutions, as court delays don’t impact couples. That said, it’s important to note that there are more people’s schedules to coordinate for collaborative divorce meetings than in mediation.
Read: Collaborative Divorce Benefits: Breaking Up Without Breaking Down
Collaborative Divorce: Cons
That said, collaborative divorce requires a strong commitment from both spouses. Open and honest communication is not just essential; it’s the cornerstone of the process. This can be challenging if trust is low or emotions are running high. As with mediation, a spouse’s struggles with mental health or addiction may make a collaborative divorce process challenging. If one spouse is unwilling or unable to cooperate or the negotiations break down, the collaborative process cannot continue. At that point, the couple must start over with new attorneys to transition to litigation, which can increase costs and prolong the divorce.
While collaborative divorce isn’t the right fit for every situation, it’s an excellent option for couples committed to working together to achieve a fair and personalized resolution.
Read: Understanding Collaborative Divorce in Connecticut
Which Type of Divorce is Right for You?
Deciding what approach to divorce is right for you begins with understanding your unique circumstances. These include the dynamics of your relationship, work schedules, children’s needs, financial situation, and personal goals. Every divorce is as individual as the people going through it, so choosing an approach that aligns with your priorities and sets the foundation for your future is important.
Read: Mediation, Collaboration, or Litigation
Mediation, Collaborative Divorce, and Uncontested Divorce Litigation
Mediation or collaborative divorce is often the best fit for couples who can communicate and find common ground. This doesn’t mean that you have to go it alone or can’t have any disagreements. Both mediation and collaborative divorce are designed to help couples find and reach agreements. These approaches emphasize cooperation and give you and your spouse control over the decisions that shape your lives, rather than leaving those choices to a judge.
Collaborative divorce, in particular, allows each spouse to work alongside their own specially trained attorney in a supportive and problem-solving environment. Both methods seek to minimize conflict, often leading to more efficient resolutions. Even if you don’t decide to use one of the two alternative approaches to divorce, it is still possible to have a good divorce with litigation. Most Connecticut divorce litigations are uncontested, meaning that the couple reached an agreement, eliminating the need for a judge to decide.
Contested Divorce Litigation
Not every situation is suited for collaboration or compromise. A contested divorce may be best if significant disagreements exist—whether over complex financial matters, child custody, or other critical issues—or if one spouse cannot engage fully in the process. In this process, a court rules within a formal legal framework. While litigation provides structure and accountability, contested litigation can also be time-consuming, expensive, and emotionally draining. It’s critical to weigh these factors carefully if you’re considering a contested path. As a reminder, a contested divorce need not be brought on for-fault ground. Most contested divorces in Connecticut are on no-fault grounds, and the dispute surrounds how the financials or parenting should work.
Fault Divorce
In cases where one spouse’s wrongdoing, such as infidelity or abuse, contributed to the breakdown of the marriage, a fault-based divorce might offer a sense of justice or validation. However, it’s crucial to understand that pursuing fault-based grounds can also intensify conflict and significantly prolong the process. Plus, if you don’t successfully prove the fault, you may find yourself still married at the end of a divorce trial. In a no-fault divorce, the judge has the authority to dissolve a marriage without the need to prove fault. As you can see, assessing whether a for-fault divorce aligns with your long-term goals is essential, as it can significantly impact not only your divorce process but also your future.
How an Experienced Divorce Lawyer Can Help You Decide What Divorce Type Is Best for You
Ultimately, the right type of divorce is the one that supports your priorities, respects your values, and positions you for a healthier transition into the next chapter of your life. Now that you have learned about the different Connecticut divorce approaches, it’s time to meet with an experienced divorce attorney to get their take on what to think about in your specific situation. At Freed Marcroft, we work closely with our clients to help them understand their options and navigate the process with clarity and confidence. Once we’ve learned what matters most to you, we can begin figuring out which of the three Connecticut divorce approaches to recommend. Your and your spouse’s ability to communicate effectively (effectively — not perfectly) is a key piece of how we advise clients on the best divorce approach.
While we’re on this topic — make sure your family law firm has divorce attorneys experienced in all three approaches. This is how you can make sure you have the most possible options. The decision of how you work through the divorce will impact you and your family for years to come. For example, you don’t want to wind up in a litigated divorce just because the lawyer you met with only litigates. You also don’t want to wind up in a failed mediation just because you happened to meet with an attorney who only mediates. You should move forward with the divorce approach that’s the best fit for you and your family, not based on the limitations of the lawyer’s practice.
Whether you’re looking for a cooperative approach or an advocate to stand firmly by your side in court, our goal at Freed Marcroft is to empower you to make an informed choice that aligns with your future.
Read: 4 Things to Know Before You Hire a Divorce Attorney
Next Steps
For more information about Connecticut divorce and family law, check out our Divorce Information and Facts. If you have questions or want to learn more about how divorce attorneys can help, please contact us here.
