Responding to a Divorce: Part I

You are a defendant in a divorce case if you have been served with a copy of the court forms called a Summons, Complaint, and Notice of Automatic Court Orders. A state marshal may hand them to you or leave them at your home. It is important that you read all of the documents. Read the notice in the middle of the Summons and the Notice of Automatic Court Orders attached to the Complaint very carefully. The Automatic Court Orders apply to you when the Summons and Complaint are served on you. The Automatic Court Orders also give you a Case Management Date. You and your spouse must fill out a Case Management Agreement and file it with the clerk before that date or you must go to court on the Case Management Date. If you disagree about custody or visitation (also called parenting time or access) of your children, you and your spouse must go to court on the Case Management Date even if you filed a Case Management Agreement.

 After you get a copy of the court papers, you may contact an attorney to represent you or follow the steps below to represent yourself. Even if you agree with what your spouse says in the complaint, follow the steps below to take part in your case. If you take no action, the judge may order what your spouse requests in the Complaint.

 TIP: If you are the defendant, the Automatic Court Orders apply to you when you receive the Summons and Complaint, even if they are not handed to you personally by the state marshal.

 

Starting a Divorce: Filing Court Forms

File the Court Forms at the Court Clerk’s Office

             The original Summons, Complaint, Notice of Automatic Court Orders, state marshal’s return of service and the filing fee (or the original Application for Waiver of Fees if it was granted by the judge) must be brought or mailed to the court clerk’s office. The court clerk must receive it at least 6 days before the Return Date. Also, if public assistance or HUSKY health insurance was received, bring the completed certification.

             You will have to pay the filing fee unless it has been waived. The current filing fee is $350. You may pay by cash, money order, or a personal check made payable to “Clerk, Superior Court.” If you are paying by personal check, bring photo identification and make sure your address is pre-printed on the check. The address on your check should match the address on your photo identification. Please note that the courts may accept certain credit cards, but it is recommended that you check this in advance.

 Court Orders Before the Divorce Judgment (Pendente Lite)

             You may ask the court at any time to make orders about alimony, child support, custody, visitation, and exclusive possession of property. You do not have to wait until the final divorce hearing. You would have to file a written request (called a motion) with the court clerk. The earliest that you may file a motion is with the original Summons, Complaint and Notice of Automatic Court Orders.

 Tip: Pendente Lite means before the divorce is granted.

 

Starting a Divorce: The Forms, Part III

Take the Forms to the Court Clerk’s Office

•  The court clerk signs the Summons.
•  The court clerk can witness your sworn signature on your Application for Waiver of Fees, if you have one. The clerk will tell you if the judge will rule on your application that day, or if you should leave all of your court forms for the judge to review.
•  The court clerk will return the original Summons, Complaint, and Notice of Automatic Court Orders to you to be delivered to (served on) your spouse.
•  Get a list of state marshals for the Judicial District where your spouse lives and works from the clerk’s office or the Court Service Center.

 

Starting a Divorce: The Forms, Part I

Fill Out Court Forms

 TIP: You may pick a Judicial District which serves either your town of residence or the town where your spouse lives.

•  Fill out a Summons Family Actions (JD-FM-3). A Summons directs an officer (usually a state marshal) to notify your spouse that you are filing for a divorce. A Summons tells your spouse to file an Appearance form (JD-CL-12), so he or she can respond to the lawsuit and be sent notices from the court about all future court dates. Do not sign the Summons until you go see the court clerk. Bring photo identification to show the clerk.
• Choose a Return Date. It must be a Tuesday and should be at least four weeks after the day you bring the papers to the court clerk. Fill in the Return Date on the Summons, the Complaint and any other papers. Neither party is required to physically come to court on the Return Date.
• Fill out a Divorce Complaint (Dissolution of Marriage) (JD-FM-159) or a Dissolution of Civil Union Complaint (JD-FM-159A). A Com­plaint is an important legal document because it is the way to tell the court and your spouse what you want. In the Complaint you can ask a judge to end your marriage or civil union, give you alimony, child custody, visitation (also called parenting time or access), child support, divide your property and debts, or restore a prior name. Be sure and check the box at the top of the form showing that it is a Complaint and not a Cross Complaint (which can be used by the defendant).
• Choose the correct Judicial District courthouse and fill it in on the Summons.
• Attach a completed copy of the Notice of Automatic Court Orders (JD-FM-158). These court orders take effect at the beginning of a divorce and apply to you when you sign the complaint. They apply to your spouse when your spouse is served with a copy. These court orders protect you, your spouse and your children from changes in your life, such as one spouse selling the family home or taking the children out of state. (See Automatic Court Orders on page 23 for more information.) You must fill in the case management date on the Notice of Automatic Court Orders. The case management date is set by the court and is at least 90 days after your Return Date. Choose the appropriate date from the Case Management Dates form (JD-FM-165 A, B, or C depending on your court location) or ask the court clerk for the correct case management date.

 TIP: The Automatic Court Orders protect you, your spouse and your children from changes in your life, such as one spouse selling the family home or taking the children out of state.

 

Starting a Divorce: Part I

Starting a Divorce: The Basic Steps

•  Prepare Court Forms
•  Take the Forms to the Court Clerk’s Office
•  Service
•  File the Court Forms at the Court Clerk’s Office
•  Court Orders Before the Divorce Judgment (Pendente Lite)

 Starting a Divorce: The Forms

             To start a divorce, you will need three court forms: the Summons Family Actions ( JD-FM-3), the Divorce Complaint/Cross Complaint ( JD-FM-159), and the Notice of Automatic Court Orders (JD-FM-158).

             Once you complete your paperwork, you must take it to the court clerk’s office. The court clerk will review your completed forms and return them to you. Your spouse must be given a copy of the divorce papers by a state marshal, which is referred to as “serving the papers.” Finally, to start a divorce you need to file at the court clerk’s office the completed court forms and the proof that a copy of the forms was served on your spouse. You must also pay the filing fee, unless it is waived.

         Court forms are available at the clerk’s office in any Judicial District courthouse, the Court Service Centers and Public Information Desks at selected courthouses. They are also available on the Judicial Branch website at http://www.jud.state.ct.us.

 Tip: Every official court form has a name and a number like JDFM-100 in the upper left  hand corner of the form.