Uncontested vs Contested Divorce in Connecticut

Filing for divorce in Connecticut? Called "dissolution of marriage," your case will be either uncontested (you and your spouse agree on everything) or contested (disputes remain on major issues). Connecticut also offers a "nonadversarial" simplified path for qualifying couples that can finalize in as little as 35 days. Understanding your options can help you reduce divorce expenses significantly.

Connecticut allows divorce based on "irretrievable breakdown" of the marriage—no fault required. At least one spouse must typically be a Connecticut resident for 12 months before the final decree can enter, though exceptions apply if the marriage occurred in Connecticut.

Quick Comparison: Uncontested vs Contested

How much could your Connecticut divorce cost on either track? Enter your details below for a quick estimate.

Now that you have a cost estimate, keep reading for a detailed breakdown of each divorce track and what to expect.

What is an Uncontested Divorce in Connecticut?

An uncontested divorce means you and your spouse agree on all major issues including property division, alimony, and (if applicable) child custody and support. Connecticut offers two paths for agreed divorces:

Standard Uncontested Dissolution

File your complaint, serve your spouse, and once you've resolved all issues, you can request approval without a court appearance using forms JD-FM-281 and JD-FM-282. The court reviews your agreement and enters judgment on the papers.

Nonadversarial (Simplified) Divorce

If you qualify—marriage of 9 years or less, no minor children, no real property, combined assets under $80,000, and no defined-benefit pension—you can file a joint petition and potentially finalize in about 35 days without any hearing.

What is a Contested Divorce?

A contested divorce occurs when you and your spouse disagree on one or more major issues such as child custody, property division, or alimony. The defendant has 30 days after the return date to file an Appearance; failure to do so can result in default judgment.

Contested cases involve formal discovery, temporary orders hearings, and often free Family Services mediation. If settlement fails, a trial cannot begin until at least 90 days after the return date.

Cost Comparison

Uncontested Divorce Costs

• Filing fee: $360
• State marshal service: ~$50-$100 (or free with waiver of service)
• Parenting class (if children): Up to $200/person
• Attorney (optional): $2,500-$5,000
• Total typical range: $1,000-$5,000

Contested Divorce Costs

• Filing fee: $360
• Attorney fees: $15,000-$50,000+ depending on complexity
• Discovery costs: Depositions, subpoenas, expert witnesses
• Custody evaluators: $3,000-$10,000 if needed
• Total average: $15,000-$50,000+ per spouse

Need a Detailed Cost Breakdown?

The calculator above gives you a quick estimate. For a comprehensive analysis covering filing fees, attorney costs, mediation, and expert witnesses for your specific situation, get your full Connecticut divorce cost analysis here.

Timeline Comparison

Uncontested: Most uncontested cases finalize in 3-6 months. The nonadversarial path can finish in as little as 35 days for qualifying couples. For more details, see our Connecticut divorce timeline guide.

Contested: By statute, contested trials cannot begin until 90 days after the return date. Most contested cases take 12-24 months; complex cases involving custody disputes or high assets can extend to 2+ years.

Frequently Asked Questions

What are Connecticut's residency requirements?

You can file once you establish residence, but for the final decree, one spouse typically must have been a Connecticut resident for 12 months before filing or before the decree date. Exceptions exist if you were married in Connecticut.

What are Automatic Court Orders?

Upon filing, both parties are bound by automatic orders that prohibit moving children out of state, canceling insurance, dissipating assets, or changing beneficiaries without consent or court order. These remain in effect until the final judgment.

Can I finalize without going to court?

Yes. If you fully agree on all issues, you can request "approval without court appearance" by filing the required affidavits. The court reviews your paperwork and enters judgment without a hearing.

Make the Right Choice

The key difference between uncontested and contested divorce is agreement. If you and your spouse can resolve all issues cooperatively, you'll save tens of thousands of dollars and finish in months rather than years. Start organizing your finances now to streamline the process. Connecticut's free Family Services mediation can help you reach agreement even if you start with disputes. For step-by-step guidance, see our Connecticut divorce filing checklist. Additionally, reviewing the Connecticut divorce timeline can help you set realistic expectations.