If you have any questions about divorce in Connecticut, please contact Joseph Maya at 203-221-3100 or by email at JMaya@mayalaw.com.
Summons and Complaint
To initially file an action for divorce, a “pro se” spouse (one proceeding without a lawyer) must obtain three forms from the office of the clerk, or from the judicial branch website (the link is: http://www.jud.ct.gov/webforms/#FAMILY). A Summons (Form JD-FM-3) advises your spouse that he or she has been commanded, through official legal process, to appear at the courthouse to answer the Complaint for dissolution. The Summons will contain the case name, as well as the official “appearance” for you (if you are self-represented) or for your attorney, together with contact information for both parties. The Summons also contains the case “Return Date” and “Case Management Date.” The Return Date is the date (always a Tuesday, usually a few weeks out from the date the Summons is signed) by which the defendant must “appear” in the case. To say that a party must “appear” does not mean that he or she must physically go to the courthouse on that date. Rather, the litigant must simply complete an Appearance form (Form JD-CL-12), which may be fax-filed, mailed, or hand delivered to the clerk of the court on or prior to the Return Date. The Appearance form simply notifies the court that you have received the Summons and Complaint, and that you wish to be notified of future court dates and developments in the case. The Case Management Date is approximately 90 days after the Return Date, and requires an in-person court appearance unless the following are submitted to the court in advance of that date: (1) a case management agreement, (2) both party’s signed financial affidavits, and (3) a parenting plan if there are minor children. The Case Management Agreement is an administrative document that sets forth deadlines for the completion of various aspects of the divorce. The financial affidavit sets forth a summary of each party’s income, expenses, assets, and debts. A parenting plan sets forth how the parties will make decisions regarding the children as well as what their access to the children will be. The Complaint form (Form FM-159) is the second form that a plaintiff must complete to start the action. This self-explanatory form contains check boxes and data entries for information about the parties, the marriage itself, and any minor children of the marriage. It also includes a section concerning the relief requested in the dissolution action. Generally speaking, divorce litigants ask the court to dissolve the marriage, to divide the property fairly, to award alimony and/or child support as appropriate, to enter orders regarding the payment of college expenses when necessary, and to restore the wife’s maiden name (if desired). A litigant may also request orders related to the legal and physical custody of minor children of the marriage. It is important to note that if a litigant does not request alimony and it is not awarded at the time of dissolution, he or she is precluded from coming back to the court and asking for alimony in the future. These are two separate but related concepts.
Service of Process
The person initiating the divorce action must give the signed Summons, Complaint, Notice of Automatic Orders (Form JD-FM-158), and a blank Appearance form to a state marshal, for “service” (delivery in accordance with law) upon the other spouse. The clerk must also sign the Summons before it can be served on the defendant. Generally, a marshal will try to deliver the papers to your spouse in person (you may be asked for an ideal time of day, the make/model of his or her car, or a work address and time of arrival). This is called “in hand” service. There are provisions in the law which allow for service at someone’s usual place of residence if they cannot be served in person, or even by publication in a newspaper if their whereabouts are unknown. As serving an out-of-state spouse may require a different procedure entirely, we recommend you engage the services of an attorney in the event your spouse resides outside of Connecticut or if you anticipate difficulties with service of process. Once service is complete (at least twelve full days prior to the return date selected on the Summons), the marshal will deliver a “return of service” to the plaintiff, who must file it (at least six days before the return date) with the clerk of the court, together with the filing fee. These deadlines must be strictly followed for the court to have jurisdiction, the ability to hear and decide your case.
If you have any questions about divorce in Connecticut, please contact Joseph Maya at 203-221-3100 or by email at JMaya@mayalaw.com.
Automatic Orders
The “Automatic Orders” referenced above are orders (rules) which go into effect at the outset of every divorce action in Connecticut and are binding on the plaintiff (the person who files for the divorce) at the time the papers are issued by the clerk and binding on the defendant spouse at the time the papers are served upon him or her. The purpose of the Automatic Orders is to provide a measure of security to both parties by maintaining the status quo with respect to the financial matters and custody of the children. These orders serve to prevent the parties from emptying bank accounts; incurring excessive debts; locking each other out of the house; removing the spouse from health, life, or car insurance policies; or otherwise taking advantage of the other spouse financially while the divorce is pending. Since the orders are entered automatically (and since the defendant is notified of them as soon as he or she is served with the initial papers), theoretically, neither party is required to file motions in court to prevent the other spouse from engaging in the prohibited conduct. Further, the orders provide that both parties must exchange financial affidavits within thirty days of the return date. The basic prohibitions set forth by the automatic orders prevent divorcing spouses from doing the following:
- withdrawing large sums of moneys,
- incurring major, atypical expenses,
- selling or mortgaging property,
- changing life insurance beneficiaries,
- relocating children, or
- locking a spouse out of the marital residence.
The parties, by their own specific agreement, may waive any of the orders (it is strongly suggested that they do so in writing so as to avoid future misunderstandings), and a court may have reason and discretion to modify the orders based on the current circumstances of the parties.
Case Management Date
Unless circumstances exist that require the court to become immediately involved in a newly-filed dissolution action (such as emergent custody issues, violations of the Automatic Orders, a motion for exclusive possession or a necessity for temporary alimony or child support), the first time parties will be required to appear in court is on the Case Management Date. This date is approximately ninety days after the Return Date.
On or before the Case Management Date, the parties must submit a fully signed Case Management Agreement. This form contains an agreed upon schedule, which the parties will follow throughout the remainder of the litigation, and informs the court as to whether the case is contested. If the parties are unable to agree upon a schedule, or otherwise fail to file the form and their financial affidavits (and parenting plan if there are minor children) before the Case Management Date, they will be required to appear in court that day.
Whether through the submission of a Case Management Agreement or an in-person conference before the court, every dissolution action will be marked as “fully contested,” “limited contested,” or “uncontested.” Every divorce case begins as contested until the parties reach an agreement on all issues and submit that agreement to the court. Uncontested dissolution actions are only those in which the parties have reached a complete agreement on every facet of the dissolution (i.e., financial support, custody and the division of assets and debts). While the vast majority of dissolutions ultimately become “uncontested,” most of those are not fully decided within this first ninety (90) day period.
“Limited contested” cases are ones in which parties have reached an agreement as to custody and visitation, but have not reached an agreement on all financial issues. “Fully contested” markings are reserved for those instances where the parties have not reached an agreement on custody and financial matters. Even absent a final agreement, the court will require a temporary parenting plan to be filed (and to become an order of the court) so that there is some measure of certainty over the decision making and parenting schedule of the minor children of the marriage until such time as the dissolution becomes final or subsequent orders are sought by either party.
In all instances, parties can expect that judges are most concerned with the custody aspects of dissolution actions (and less concerned, by comparison, with financial matters between the parties). It is for this reason that the court will often allow both parties ample time to conduct discovery and negotiate terms related to financial matters. However, it will be quite firm regarding the submission of temporary parenting plans and will refer the case to Family Relations for an intake and/or appoint a Guardian ad Litem (where necessary) if the parties are unable to agree on a temporary parenting schedule at the Case Management Date. A detailed explanation of the various services that Family Relations offers is outlined in the next section below.
If a case is marked as “uncontested”, the court will assign a date for you to return to court with your spouse to have your separation agreement approved by the judge. If it is not marked “uncontested”, then the court will set deadlines for exchanging relevant documents, including financial affidavits, identifying expert witnesses, and taking depositions. Last but not least, the court will assign a date for a Special Masters or Judicial Pretrial.
A pretrial is a confidential, informal proceeding conducted in a courthouse (usually in a conference room) during which both sides will present their case to a neutral third party (or parties) who, after listening to both sides, will recommend a global resolution. A Special Masters Pretrial is conducted before “Special Masters,” or at least two volunteer, experienced family lawyers. A Judicial Pretrial is conducted before a judge. Both types of pretrials are non-binding, and if a judge participates in the informal process, he or she will be precluded from hearing the case if it ultimately goes to trial. Many cases resolve at or just after a pretrial, which is why pretrials are a mandatory requirement before a case can proceed with trial.
If you have any questions about divorce in Connecticut, please contact Joseph Maya at 203-221-3100 or by email at JMaya@mayalaw.com.