Summons and Complaint
To begin a divorce proceeding in Connecticut, an individual representing themselves, known as "pro se," must obtain specific forms. These forms can be acquired from the court clerk's office or the Connecticut Judicial Branch website: Connecticut Judicial Branch Forms.
One key form is the Summons (Form JD-FM-3). This document notifies the other spouse that a legal action has commenced and requires their response at the courthouse concerning the complaint for dissolution. The Summons includes the case name, "appearance" details for each party, and contact information for both. It also specifies two important dates: the "Return Date" and the "Case Management Date."
The Return Date is always a Tuesday and is when the defendant should "appear" in the case, generally within a few weeks of the Summons being signed. An "appearance" does not mean physically going to the courthouse; it involves submitting an Appearance Form (Form JD-CL-12) via e-filing, mail, or hand delivery to the court clerk by the Return Date to confirm participation in the proceedings.
The Case Management Date, typically three months after the Return Date, might require an in-person appearance unless both parties submit a signed case management agreement with their financial affidavits beforehand.
The Complaint Form (Form JD-FM-159) is another crucial document for the plaintiff. This form includes sections to fill out regarding the parties, marriage, and any children involved, as well as the relief being requested. Typical reliefs include dissolution of marriage, fair property division, alimony, and child support, allocation of college expenses, and, if desired, restoration of the wife’s maiden name. Requests regarding the legal and physical custody of minor children can also be included in the complaint.
Automatic Orders
"Automatic Orders" are restraining orders effective at the start of every divorce action in Connecticut and are binding on the plaintiff when the papers are issued by the clerk, and on the defendant when the papers are served. These orders aim to provide security to both parties by maintaining the status quo in financial and custody matters. They prevent parties from depleting bank accounts, incurring excessive debts, or taking advantage of the other spouse during the divorce process. Since the orders take effect automatically, neither party needs to file motions to prevent prohibited actions. Additionally, these orders mandate the exchange of “mandatory discovery,” which includes financial records for asset division, alimony, and child support calculations. The primary prohibitions set by the automatic orders include:
- Withdrawing large sums of money;
- Incurring major, atypical expenses;
- Selling or mortgaging property;
- Changing life insurance beneficiaries;
- Relocating children;
- Locking a spouse out of the marital residence.
Both parties can agree in writing to waive any of these orders, and the court may choose to modify them based on the parties' circumstances.
Service of Process
Once the Summons, Complaint, and Notice of Automatic Orders (Form JD-FM-158) are prepared and signed by an attorney or court clerk, they must be handed over to a state marshal for delivery to the other spouse. A list of state marshals is available from the judicial website or the court clerk's office.
The state marshal generally delivers these documents in person, considering the spouse's schedule, vehicle, or workplace. If personal delivery is not feasible, service may be completed at the individual's residence or, if their whereabouts are unknown, through newspaper publication. Legal advice may be beneficial if serving an out-of-state spouse or if there are other complications.
After service, and at least twelve full days before the Return Date, the marshal provides a “return of service” to the plaintiff, who must file it along with the filing fee with the court clerk no less than six days before the Return Date. These timelines are crucial to ensure the court has jurisdiction to hear the case.
Contact Us
If you have any questions about initiating a divorce proceeding in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
