Uncontested vs. Contested Divorce in Connecticut: Simplified Procedures and Mandatory Steps
Connecticut uncontested and contested divorces share the 90-day period and 12-month residence rule. Spouses with a full agreement can ask the court to waive the 90 days, and short marriages without children or pensions can use a nonadversarial divorce.
What is the same in an uncontested and a contested Connecticut divorce?
The 90-day period and the 12-month residence rule apply to both, and the court may proceed only after the 90 days have expired from the return day (C.G.S. 46b-67(a)). The Connecticut divorce timeline calculator gives the same earliest date for both unless the waiver or the nonadversarial route applies.
| Item | Agreed (uncontested) | Disputed (contested) |
|---|---|---|
| Waiting period | 90 days from the return day, waivable by full agreement | 90 days from the return day; longer if a cross complaint is filed or conciliation is requested |
| Ground | Irretrievable breakdown, by stipulation or affidavit | Irretrievable breakdown or another cause in 46b-40(c) |
| Agreement | Written agreement on children, alimony and property | None: the court decides |
| Hearing | Both parties present, or an affidavit if the court allows | Hearing on the contested issues |
| Nonadversarial option | Short marriages without children, real estate or pensions | Not available |
Can the 90 days be waived in Connecticut?
Yes, by agreement. If the parties attest under oath that they have an agreement on all terms of the dissolution and wish the court to enter a decree before the periods in subsection (a) expire, and they file a motion seeking the waiver, the court may waive them. The motion cannot be heard sooner than 30 days after the return day (46b-67(b)-(c)). The calculator shows that earliest motion date.
What is a nonadversarial divorce in Connecticut?
A joint petition filed in the judicial district where a spouse lives, available only when the parties attest that the marriage has broken down irretrievably, it lasted no more than nine years, neither spouse is pregnant, no children were born to or adopted by the parties, neither has an interest in real property, their combined property is less than $80,000 after debts, neither has a defined benefit pension plan, no bankruptcy or other dissolution action is pending, no restraining or protective order is in effect and residence is met (46b-44a(b)). The case gets a disposition date at least 30 days after the petition and the 90-day period does not apply (46b-44c, 46b-44a(f)).
How is the breakdown proved in an uncontested case in Connecticut?
The court makes a finding that the marriage has broken down irretrievably where the parties, not their lawyers, sign a written stipulation, or where both are present in court and stipulate and have submitted an agreement on the children, alimony and property. An affidavit under oath can support the finding if no restraining or protective order is in effect (46b-51). The judge decides how many witnesses are needed (46b-50).
What is conciliation in Connecticut?
On or after the return day and before the 90 days expire, either spouse or counsel for the children may ask for conciliation. Each party must attend two mandatory consultations; failure to attend without good cause stays further action until six months from the return day (46b-53). It does not apply to every case, so ask a lawyer if it is requested.
What changes in a contested Connecticut divorce?
The court decides what the spouses cannot settle: property under 46b-81, alimony under 46b-82 and custody on the child’s best interests under 46b-56. See the Connecticut property division calculator and the Connecticut parenting time calculator.
Is a parenting class required in Connecticut?
Connecticut has a parenting education program established under section 46b-69b, and completing it is one of the 17 factors the court may consider in custody orders (46b-56(c)(17)). Ask the clerk whether your case must attend.
Frequently asked questions
Does an uncontested divorce skip the Connecticut 90 days?
No, unless the parties have a full agreement and the court waives the period or they qualify for a nonadversarial divorce.
How fast is a Connecticut nonadversarial divorce?
The disposition date is at least 30 days after the joint petition is filed.
Who qualifies for a Connecticut nonadversarial divorce?
Marriages of no more than nine years with no children, no real estate, no defined benefit pensions and combined property under $80,000.
When can I ask to waive the Connecticut 90 days?
By motion no sooner than 30 days after the return day, if you have a full agreement and attest to it under oath.
What is conciliation in a Connecticut divorce?
Two consultations with a conciliator that either spouse can request before the 90 days expire.
Official sources
- C.G.S. 46b-44: residency requirement
- Connecticut General Statutes chapter 815j: dissolution of marriage, legal separation and annulment
- Connecticut Office of Legislative Research: nonadversarial divorce and waiver of waiting periods
- C.G.S. 46b-81: assignment of property and transfer of title
- C.G.S. 46b-56: orders regarding custody and best interests of the child
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Connecticut statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Connecticut attorney.