Understanding Connecticut Legal Separation Forms: A Complete Guide

When Does Our State Recognizes Legal Separation?

In Connecticut, legal separation and divorce are two sides of the same coin. They are basically identical to one another with most primary differences being the name and the judge rosters being different. When you file for a CT divorce, you file a complaint or petition for dissolution of marriage with the family clerk. When you file for legal separation, you file a petition or complaint for legal separation with the family clerk. In either event, the essential goal is the same: to have a court legally divide the parties’ property, debts and issues of custody and parenting time, and to give one party primary or sole legal and physical custody of the children .
In both cases, the judge will consider best interests of the children in deciding issues of custody and parenting time, he will look to Connecticut’s guidelines for child support in making child support decisions, he will consider the parties’ income and other factors in making alimony decisions and he will equitably divide the parties’ property and debts. The difference is that in divorce, the marriage is terminated while in legal separation, it is not. You can think of legal separation as a no-fault divorce.
Further, being legally separated does not affect certain issues such as inheritance rights, surviving spouse rights, electoral votes, claims under auto insurance, and joint liability for torts after marriage ends. In fact, it could be argued that, by remaining married – albeit legally separated – the parties are, in effect, preserving their right to these benefits. Whereas if you divorce, the right to receive any such benefit normally ends upon entry of the divorce decree.

Filing for Legal Separation in the State of Connecticut

The legal separation process in Connecticut begins when one party (the "Petitioner") files a petition for separation with the superior court and properly serves a copy of that petition on the other party (the "Respondent"). To obtain the necessary forms to file for legal separation, visit your local clerk’s office or court service center. You can also obtain the forms you need to file for legal separation online through the Connecticut Judicial Branch website, which provides access to all the relevant forms and instructions. In addition, the website provides some instructions and guidelines for filling out the necessary forms. If you need help with the process, consider hiring a lawyer to help you file for legal separation in Connecticut. However, the process can be completed without the assistance of an attorney and does not require the services of a judge. Once the separation petition is filed, the clerk of courts will process the paperwork and assign a case number. The clerk will then enter the case into the court’s computer system and provide the plaintiff with a cover sheet and return of service form. The plaintiff must serve a copy of the separation petition and cover sheet on the defendant. The cover sheet must describe the relief the plaintiff seeks. The cover sheet, along with the return of service form, must be filed within 30 days of service.

Main Forms Needed for Legal Separation in the State of Connecticut

Petition for Divorce: We have talked about this a lot in the context of a divorce, and not as much in the context of legal separation.
Petition for Separate Maintenance: Think of this as the form that is just like the petition for divorce, but with the word divorce stricken through it, and interim relief orders taken out of the form. You can find this form here on the Judicial Branch website.
Summons: This is the piece of paper that actually tells the other spouse that the Petition for Separate Maintenance is out there and gives them a certain time to respond.
Financial Affidavit: One of two pieces of paper where you identify your income and expenses. You can find the Financial Affidavit here.
Notice of Automatic Orders: This tells the parties what actions they cannot take once the case starts. There are prohibitions on changing insurance and on the disposal of marital assets. You can find that form here.
Notice to Self-Represented Parties: A heads-up for folks who do not have an attorney in the case about going it alone. You can find that form here.

How to Fill Out Legal Separation Forms in Connecticut

Filling out CT legal separation forms is a lot more complicated than it seems. First you have to understand what forms are the right ones to be filling out. Then you have to actually fill them out. There are a ton of mistakes to make in completing these forms. Some of the mistakes can have serious consequences. For example, if you don’t get the right form, you can file in the wrong court. The wrong court can dismiss your case for lack of jurisdiction. If you don’t get the right form, you can sometimes file in the wrong courthouse. If you file in the wrong courthouse and the case is complicated (doesn’t involve kids and doesn’t involve a lot of assets) the court may simply send it back to the Court in the state you should be in. If the case is complicated, sometimes when you file in the wrong courthouse, the court will transfer the case to the courthouse properly having jurisdiction. That’s not that big of a deal if your spouse is cooperative about the transfer. But if your spouse is bitter or belligerent, it might be a few years before it gets transferred to the proper courthouse. And think about the business you’ve done with the court while you had jurisdiction over the case: motions, forms, filings, etc. Sure, the courthouses are all connected on their computer systems, but if you go to the wrong courthouse, any motion you filed and paid for is probably not going to be transferred to the right courthouse. And then when the case does get transferred, you have to pay again. Imagine filing for divorce, making a request for alimony at the time you file, and then getting a court date in Milford before Judge McWeeny, only to realize that you should have filed in Stamford and Judge Cramer .
Then there’s getting the right form number. They change all of the time because judges ask questions about filling out forms that are answered incorrectly and then the people who run the system re-issue new form numbers. That’s frustrating because it is always confusing to the person filling out the form if the thus and such 2.00 should be filled out or the 2.01 instead. Our advice is to never guess at the numbering. Go right to the Judicial Branch website and look up whether you have the right number.
Finally, there’s the actual completing of the form. If you are filling out the complaint for legal separation form, you have to be aware of what information the court will be getting when the form is completed. For example, one of the most confusing parts of the form to complete describes your relatives. Nowhere on the form does the question ask about grandparents. But the marital separation complaint asks you to list your mom and dad, your kids, and the kids’ grandparents. It could be that grandma is deceased, so now what do you write? And it could be that you have one kid but three grandparents who have all played the doting role at various points in your parenthood. That could be really confusing too.
Sometimes you’ll need to submit an affidavit in order to try to waive the filing fee. Forms related to service of process have more in them than you would think they should. And each form has a cover sheet.
Bottom line: don’t take these forms lightly, but also don’t be afraid of them. They can look complicated, but with a little reading, a little research, and a lot of attention to detail, you can likely get through them just fine.

What Legal or Financial Effects Does Legal Separation Have in the State of Connecticut

With regard to financial implications of legal separation, some people choose to have the court enter a formal alimony order or agreement as part of the legal separation process. Keep in mind that, unlike child support which is modifiable in the future, alimony orders are not modifiable unless the parties agree to it or unless one of the parties can prove that there has been a substantial change in circumstances.
Financial orders, including alimony orders, are usually enforceable in Connecticut through contempt of court proceedings. A spouse who fails to pay child support or a court ordered alimony award can face contempt hearings and even jail time. Since legal separation agreements become judicially approved agreements of the court, they are also enforceable through contempt proceedings.
The process of legal separation in Connecticut is essentially as easy as preparing an Agreement, filing it along with the CT legal separation forms with the Court, paying the applicable filing fee and then waiting for a hearing that may include a review of any joint children of the marriage by the Family Relations Counselor and a hearing by the Court, after which the Court may approve the separation agreement, decide whether to issue any alimony orders, and if so, the amount of alimony that should be paid. The legal separation usually takes place in less than a year’s time from the date of the filing.

How a Lawyer Can Help with Legal Separation in the State of Connecticut

When it comes to a legal separation in Connecticut, there are many forms to get through, many issues to address, and some of these matters can be very complicated. Fortunately, you have professional resources that can help, and in some cases, be vital to your future.
The first issue is gaining legal representation. As fair as CT legal separation forms go, there is the Petition for Separation, which has a built-in Settlement Agreement form. This means that if you and your spouse can agree on all issues, you can fill out the Settlement Agreement form on your own and have it signed by a notary. However, as anyone who’s been through this process knows, if there were no disagreements, it’s very likely that a couple going through the process wouldn’t need to file for legal separation. But, as is often the case, there are 분쟁 사항 to deal with. For that reason, you may want a legal professional on your side.
This is legal representation to help you with the exhaustion of paperwork, and to ensure that you have covered all the possible issues that could arise under the circumstances. You may also want your legal representation to look after you and not push you towards a divorce. Keep in mind that legal representation isn’t only to get through the process. Sometimes the threat of legal representation from an experienced lawyer is enough to get your spouse to cooperate with you.
If you don’t know where to find a lawyer when it comes to legal separation, head to the CT Bar Association . Just click on "Find a Lawyer" under the heading "I Want to…" and you’ll be taken to an attorney referral service. Here you’ll enter your zip code and a couple of other details. You may be asked if you have already tried to reach your spouse about the process, if you have children, if there are any problems with abuse, etc. However, that does not mean that you have to seek legal representation based on these issues. Your privacy is protected and your information won’t be shared except with an attorney in your area.
As you know, CT legal separation forms are not mandated, but they do help lay out the terms of a settlement between you and your spouse. Unless you have legal representation, you will likely be at a loss as what to do with the forms that appear with your Petition for Separation. When you seek help from a legal professional, they can guide you through the paper process, help you reach an agreement with your spouse, or at least show you the steps you can take to get there.
Also, even when you’re going through a legal separation and not a divorce, you’re still going to have to deal with a lot of the same issues as a couple filing for divorce. Those issues are dealing with the children, family finances, and the transfer of assets and property. When you’re dealing with the end of a marriage, you’re not just getting through the paperwork to reach your new independence. You are ending a relationship, and feeling a sense of loss. You should not go through this alone.