Is It Possible to Get Divorced Without Going to Court?

A good thing that came out of COVID-19 in Connecticut was that the judicial system expanded its online services to keep people out of courtrooms and speed up the resolution of cases where the parties have resolved their matter by agreement. As a result, couples can get divorced in Connecticut without physically going to court by using e-filing. However, they still must meet the same requirements that would apply if they went to the courthouse in person. 

Requirements for E-Filing 

The most important requirement for resolving a divorce via e-filing is that the couple settle all of their divorce disputes, including property distribution, spousal support, child support, child custody, and parenting plan issues. The parties must execute a written settlement agreement and submit it to the court along with other necessary documents, including an Affidavit in Support of Request For Entry of Judgment of Dissolution of Marriage or Legal Separation, or a similar affidavit that asks the court to approve other types of agreements. 

The Affidavit asks the court to approve the divorce settlement agreement and to make the terms of the agreement an order of the court, without requiring the parties to appear in court at a hearing. Each party must complete the Affidavit and affirm under oath that: 

• They read the entire divorce settlement agreement carefully and understand it completely. 
• They signed it voluntarily, and no one pressured or forced them to sign. 
• They have no unanswered questions about the agreement. 
• There are no protective orders or restraining orders in effect or pending between the parties. 
• Where child support or other financial orders are to be entered, they filed financial affidavits with the court, and they have reviewed the other party’s financial affidavit.
• If there are minor children, they have complied with the Child Support Guidelines, or deviated because application of the guidelines would be inappropriate or inequitable for reasons they must explain in the affidavit.
• They believe the agreement is fair and equitable to them and in the best interests of any minor children. 
• They are satisfied with their legal representation. 

Notably, these affirmations track questions a judge would ask the parties in a courtroom hearing before approving a settlement agreement. 

Judicial Review 

Once all the required information is e-filed, the judge will review it to determine whether the agreement is fair and equitable under the facts and circumstances and is in the best interests of any minor children. If the judge has questions or needs additional information, the parties will be notified and have to respond. 

If the divorce settlement agreement is acceptable and documentation complete, the judge may issue a court order approving the agreement and finalizing the divorce within weeks of the filing. 

The e-filing process can be affordable, efficient, and quick because the parties don’t have to go to court to divorce. However, to take advantage of it, the parties must be willing to cooperate and negotiate a resolution of their disputes. In addition, both sides should have experienced legal counsel to advise them of their rights and obligations and facilitate a settlement that is fair and reasonable and will withstand judicial review. 

If you are considering divorce, contact our firm to learn how we can help you achieve a positive result in your case.