Articles from The Mediator

‘Nonadversarial Divorce’ Arrives in Connecticut

A new Connecticut law allows certain couples to get divorced more quickly and without going to court. It’s called “nonadversarial divorce.”

At least for now, the Legislature has chosen to significantly limit the situations in which such divorces can be granted.

To qualify for nonadversarial divorce, a couple must (1) be married 8 years or fewer, (2) not have or be expecting children, (3) own no real estate, (4) have assets totaling less than $35,000 excluding liens, (5) have no defined benefit pension, (6) not have a pending bankruptcy, (7) not be receiving or applying for Medicaid, (8) have no restraining or protective orders pending between themselves, (9) have no other pending divorce action between themselves, and (10) meet the usual residency rules.

Nonadversarial divorce simplifies the divorce process by replacing the 90-day waiting period with an approximate 35-day period, and by allowing courts to grant the divorce ‘on the papers’ — the parties don’t have to go to court to get divorced. Parties can also waive service of process.

Parties must elect a nonadversarial divorce, if they qualify. They can still have a conventional divorce if they prefer.

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