If you have any questions about divorce in Connecticut, please contact Joseph Maya at 203-221-3100 or by email at JMaya@mayalaw.com.
How and when do the necessary divorce papers get to my spouse?
In order for a non-filing spouse to be notified of the divorce action and receive the necessary paperwork, there exists a service process. The person initiating the divorce action must give the summons, the complaint, and a notice of automatic orders (Form JD-FM-158) (after being signed by an attorney or the clerk of the court) to a state marshal (these can be found on a list on the judicial website or provided by the clerk of the court), for “service” (delivery in accordance with the law) upon the other spouse. 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). There are provisions in the law that 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 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- that is, 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.