No-Fault Divorce in Connecticut: Grounds and How to File

What No-Fault Divorce Means in Connecticut

Connecticut allows you to file for divorce without proving that your spouse did anything wrong. Under C.G.S. § 46b-40, the state recognizes two no-fault grounds:

Irretrievable breakdown. This is the ground most filers use. You testify (or your paperwork states) that the marriage has broken down irretrievably with no reasonable hope of reconciliation. Only one spouse needs to assert this — the other spouse cannot block the divorce by disagreeing. The court accepts the filing party's testimony that the marriage is over.

18-month separation. Under C.G.S. § 46b-40(c)(2), you can file on the ground that you and your spouse have lived separately and apart for at least 18 continuous months due to incompatibility, with no reasonable prospect of reconciliation. This ground is less common because most couples prefer the irretrievable breakdown option, which does not require proving a specific separation period.

For the vast majority of Connecticut divorces, "irretrievable breakdown" is the right choice. It is straightforward, does not require evidence beyond your own testimony, and does not invite the adversarial dynamics that fault-based grounds create.

Fault-Based Grounds Still Exist

Connecticut preserves seven fault-based grounds under C.G.S. § 46b-40(c):

• Adultery — voluntary sexual relations with someone other than the spouse
• Fraudulent contract — deception that went to the core of the marriage at its formation
• Willful desertion — intentional abandonment for one continuous year with neglect of duty
• Seven years' absence — spouse has not been heard from for seven years
• Habitual intemperance — persistent substance abuse undermining the marriage
• Intolerable cruelty — a pattern of physical or psychological abuse making cohabitation unbearable
• Life imprisonment — sentencing of a spouse to life in prison

Why Fault-Based Grounds Rarely Make Sense for Pro Se Filers

Pleading a fault-based ground requires formal evidence. You need witnesses, documentation, or corroboration — not just your word. This turns your case into a mini-trial even if you agree on everything else.

That said, fault is not legally irrelevant in Connecticut. Under the equitable distribution statute (C.G.S. § 46b-81) and the alimony statute (C.G.S. § 46b-82), judges must consider "the cause of the dissolution" when dividing property and awarding spousal support. A finding of adultery or cruelty can influence how assets are split or whether alimony is awarded.

The practical question is whether that potential advantage is worth the cost. Proving fault means more court time, more preparation, and often an attorney — which defeats the purpose of a self-filed divorce. For most pro se filers, the simpler strategy is to file on no-fault grounds (irretrievable breakdown) and address fairness through the terms of the Dissolution Agreement itself.

How to File a No-Fault Divorce in Connecticut

Filing on no-fault grounds follows the standard Connecticut divorce process:

1. Complete the Complaint (JD-FM-159). Check the box for "irretrievable breakdown" under the grounds section.
2. Prepare the Summons (JD-FM-3) with a Tuesday Return Date at least four weeks out.
3. Include the Notice of Automatic Court Orders (JD-FM-158).
4. Serve your spouse through a State Marshal, or have them sign a Waiver of Service (JD-FM-249).
5. File with the Superior Court Clerk at least six days before the Return Date, along with the $360 filing fee (or a fee waiver application).

After filing, both spouses exchange Financial Affidavits (JD-FM-6) within 30 days of the Return Date. If you agree on all terms, you submit a Dissolution Agreement (JD-FM-172) and can request approval without a hearing.

The Connecticut Divorce Filing Process Guide walks you through each form field, explains how to calculate your Return Date, and includes worksheets for organizing your financial disclosures before you file.

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