Connecticut Divorce Residency Requirements

Updated October 13, 2026 · 1 min read · 2 sources

Short answer

To file for divorce in Connecticut: 12 months before the final decree (you can file earlier); exceptions apply, such as a spouse who was domiciled in Connecticut when married and returned. Waiting period: 90 days from the return date. If you do not meet the residency rule yet, you may need to wait or file in the state where your spouse lives.

Before a Connecticut court can grant a divorce, at least one spouse usually has to meet the state's residency rule. Here is what applies.

At a glance

Question Answer
Residency requirement 12 months before the final decree (you can file earlier); exceptions apply, such as a spouse who was domiciled in Connecticut when married and returned
Waiting period 90 days from the return date
Statute Conn. Gen. Stat. § 46b-44

Why residency rules matter

A court needs jurisdiction to end a marriage. Filing before you meet the residency rule can get the case dismissed, costing time and filing fees. Residency is usually shown with a driver's license, voter registration, a lease or mortgage, or testimony. Military members stationed in a state are often treated specially; check the statute or ask the court clerk.

If you recently moved

  • Wait until you meet the residency period, then file.
  • File in the state where your spouse still lives, if that state's rules are met.
  • Consider legal separation, which in some states has a shorter or no residency requirement.

Child custody follows its own jurisdiction rules: generally, the child's "home state" where the child has lived for the last six months decides custody, which may differ from where the divorce is filed.

Next steps: how to file for divorce, what an uncontested divorce is and the divorce documents checklist. Unmarried couples should check whether a marriage exists at all: see Connecticut common law marriage. A family lawyer can confirm where you should file.

Sources

  1. Divorce.law: Filing for divorce in Connecticut
  2. Cornell Law School LII: Divorce

This page summarizes state law for general information and is not legal advice. Laws change and courts interpret them; check the current statute or official source, or talk to a licensed attorney in your state about your situation.

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