Starting a Divorce: Serving Your Spouse Court Papers

Service (Delivery of forms and papers to your spouse)

•  Contact a state marshal in the judicial district where your spouse lives or works. You may get a list of state marshals from the court clerk or the Court Service Center.
•  There is an approximate cost of $50 to serve a Summons, Complaint and Notice of Automatic Court Orders. The state marshal may require payment in advance or may be willing to bill you.
•  Talk with the state marshal to be sure he or she is available to deliver the papers to your spouse at least 12 days before the Return Date. Ask the state marshal about payment and arrange to give the state marshal the court papers.
•  The state marshal will either return the original papers to you once he or she serves a copy on your spouse or will file them with the court. Find out ahead of time if the state marshal will be filing the original papers with the court and, if so, how the filing fee will be paid to the clerk.
•  The state marshal will prepare a document called a “Return of Service” which is proof that the papers were served. This document, along with the original papers you brought to the state marshal, must be filed with the court clerk at least 6 days before the Return Date.
•  If you or your spouse ever received public assistance from the State of Connecticut, or if anyone in your family ever received HUSKY health insurance, send a copy of the court forms and state marshal’s return of service to: Attorney General’s Office, 55 Elm Street, Hartford, CT06106. Fill out a Certification (Public Assistance) (JD-FM-175) that tells the court that you mailed the papers to the Attorney General.
•  If you or your spouse ever received public assistance from a town in Connecticut, send a copy of the court forms and state marshal’s return of service to the town clerk located in the town hall of that town. The blue pages of the telephone book will have the address. Fill out a Certification (Public Assistance) (JD-FM-175) that tells the court that you mailed the papers to the town clerk.

 

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.

 

The Cost of a Pro Se Divorce

How much does a divorce cost?

 

Court filing fee: $350

 Fee for serving court papers (approximate cost): $50

 Parenting Education Class  (if you have children): $125

 Total (for most cases):$525

 Newspaper publication of legal notice (if you can’t find your spouse) (approximate cost):  $350

 Total: $875

 Important: Fees may change. You should ask the clerk’s office what the current fees are before filing your papers.

 

Starting a Divorce: The Forms, Part II

• If you need other court orders, fill out the Motion for Orders Before Judgment (Pendente Lite) in Family Cases (JD-FM-176), and have it served with the Summons, Complaint, and Notice of Automatic Court Orders.
• If you cannot afford the court fees for a divorce, fill out the Application for Waiver of Fees/Appointment of Counsel Family (JD-FM-75). The form asks for information about your income and expenses. This is to show the court why you cannot afford to pay the filing fee, the cost for service (delivery), and other costs such as the fee for the parenting education class. Do not sign the form until you are in front of a court clerk, a notary public or someone else who is qualified to hear your promise or oath that what you report about your financial situation is true. A judge will review your application and decide whether or not to grant it. If the judge denies your application to have the filing fee waived and the service (delivery) fee paid by the state, you may request a hearing by filling out the appropriate section on the Application for Waiver of Fees. If you need a fee waiver, you should finish this process before the papers are served.
• If your spouse lives outside of Connecticut and you know his or her address, fill out a Motion for Order of Notice in Family Cases (JDFM- 167) and give it to the clerk, together with the Order of Notice in Family Cases (JD-FM-168). The clerk will review the forms and sign the Order of Notice in Family Cases. You can start the case by having a state marshal send copies of the following documents to your spouse by certified mail: the Summons; Complaint; Notice of Automatic Court Orders; Motion for Order of Notice in Family Cases; and the Order of Notice in Family Cases; or by having the state marshal give notice in whatever other way the court orders.
• If you do not know your spouse’s address, try to find it through friends and relatives. If you cannot find the address, you must get permission from the court to publish a notice about starting the divorce in a newspaper in the area where your spouse lives or was last known to live. If you do not know the name of the newspaper, a librarian at a public library should be able to help you. Call the newspaper to find out the cost of printing a legal notice. If you cannot afford to pay this amount, include it on your Application for Waiver of Fees. Fill out a Motion for Order of Notice in Family Cases (JD-FM-167) and give it to the clerk, together with the Order of Notice in Family Cases and get the order signed by the court clerk. The court may order notice to be given to your spouse in a way it thinks reasonable. You must notify your spouse in the way the court has ordered.

 

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.

 

Divorce Court Personnel, Part II

Family Support Magistrate: Decides cases involving child support and paternity. Can also enforce court orders involving paternity, child support and alimony.

 Judge: Hears and decides cases for the courts.

 Judicial Marshal: Responsible for courthouse security including the metal detectors at the entrance of each courthouse and maintains order in each courtroom.

 Law Librarian: Maintains legal reference and research materials for public use.

 State Marshal: A state marshal can serve (give copies of ) the legal papers on the other people named in the lawsuit.

 Support Enforcement Officer: Supervises child support payments and brings parents to court to enforce child support orders. May also file legal papers to modify or change child support orders.

 

Divorce Court Personnel, Part I

To get a divorce, you will need to speak to many people who work in the court system. You will know better what to expect from them after you review the descriptions below.

 Caseflow Coordinator: Keeps track of your case and manages the scheduling of  hearings and trials.

 Court Clerk: Maintains the official court record of your case. The clerk’s office receives all court papers and may assign hearing dates.

 Court Interpreter: Translates court hearings from English to another language. May be provided at state expense for cases enforcing child support orders, if requested. You must provide your own interpreter in a divorce. Records the court hearing on audio tape. Prepares a written record of the hearing for a fee, if requested.

 Court Recording Monitor: Types everything said during the court hearing. Prepares a written record of the hearing for a fee, if requested.

 Court Reporter: Types everything said during the court hearing. Prepares a written record of the hearing for a fee, if requested.

 Family Relations Counselor: Mediates disagreements and negotiates agreements in divorce cases. At the request of the judge, a family relations counselor may evaluate a family situation by interviewing each parent and the children in the family and writing a report for the judge, making recommendations about custody and visitation. Works in the Judicial Branch’s CSSD Family Services Office.

 

Common Divorce Terms, Part III

Pro Se: For yourself.

 Pro Se Divorce: Do it yourself divorce.

 Restraining Order: A court order to protect someone from physical abuse or the threat of physical abuse.

 Return Date: The date when the divorce action starts in court and when the 90 day waiting period for a divorce begins. Also, the defendant should file an appearance on or before the second day after the Return Date. Nothing happens in court on the Return Date and no one needs to go to court on the Return Date. The Return Date is always a Tuesday.

 Service: The legal method for giving your spouse a copy of the court papers being filed, or notice that court action is being taken or has been taken.

 Visitation: A court order deciding the amount of time a noncustodial parent may spend with his or her child; also called parenting time, or access.

 

Common Divorce Terms, Part II

Docket Number: A unique number the court clerk assigns to a case. It must be used on all future papers filed in the court case.

 Filing: Giving the court clerk your legal papers.

 Financial Affidavit: A sworn statement of income, expenses, property (called assets) and debts (called liabilities).

 Income Withholding Folder: A court order to deduct child support or alimony payments from someone’s income.

 Judgment File: A permanent court record of the court’s final decision.

 Legal Separation: A court order describing the conditions under which two married people will live separately.

 No-Fault Divorce: The most common kind of divorce, where no one needs to prove that the husband or wife caused the marriage to end.

 Parties: The people who are named as plaintiff and defendant on legal papers.

 Paternity: Legal fatherhood.

 Pendente Lite Order: A court order made before a divorce is granted.

 Plaintiff: The person who starts the divorce.