Is legal separation required in CT for a divorce?

No, legal separation is not required in Connecticut before obtaining a divorce, whether the divorce is contested or uncontested. A party may file directly for dissolution (divorce) without first obtaining a decree of legal separation.

Analysis

Issue

Whether Connecticut law requires spouses to obtain a legal separation prior to filing for a divorce.

Rule

Under Conn. Gen. Stat. § 46b-40(a)–(c), a marriage may be dissolved by death, annulment, or by a court decree of dissolution. The statute separately provides for both dissolution of marriage and legal separation, each available on identical grounds (e.g., irretrievable breakdown of the marriage, adultery, desertion).[1] There is no statutory requirement that a legal separation precede a dissolution action.

Application

Connecticut law provides three separate family actions: dissolution of marriage, legal separation, and annulment. A party may elect to file for either dissolution or legal separation directly under Connecticut Practice Book provisions Conn. Practice Book § 25-2, which specifically refers to “Complaints for Dissolution of Marriage, Legal Separation or Annulment.”[1] This procedural structure confirms that these actions are distinct options available at the outset of a case, not sequential requirements.

If a couple obtains a decree of legal separation, they remain married but live apart, and that decree may later be converted to a full dissolution if either spouse files a written request under Conn. Gen. Stat. § 46b-65.[2] However, many divorcing parties in Connecticut proceed directly to dissolution, and the Judicial Branch provides forms and guidance allowing uncontested or contested divorces without any prior legal separation (e.g., “Divorce Options in Connecticut,” Judicial Branch Form JDP-FM-274).[3]

Conclusion

Legal separation is an optional remedy in Connecticut. Spouses may choose to file directly for divorce—whether uncontested or contested—without first seeking legal separation. Legal separation only becomes relevant if the couple wishes to remain legally married but live apart, or later convert that separation to divorce.

[1] Conn. Gen. Stat. § 46b-40(c) and Conn. Practice Book § 25-2

[2] Conn. Gen. Stat. § 46b-65

[3] Connecticut Judicial Branch, Divorce Options in Connecticut, JDP-FM-274 (Rev. 10/23)