The 90 Day Waiting Period: Pendente Lite, Preparing and Filing Motions

Court Orders Before the Divorce Judgment  (Pendente Lite)

 At any time during a divorce case you or your spouse may ask the court to order many things, including: custody or visitation of your children; payment of child support or alimony; and who gets to live in the family home. To do so, you must make a written request for a court order. The written request is called a “motion.” If you are the plaintiff, you may have this motion served on the defendant with the Summons, Complaint, and Notice of Automatic Court Orders.

Prepare Motion

 Fill out the Motion for Orders Before Judgment (Pendente Lite) in Family Cases (JD-FM-176) and sign it.

 Sign the bottom of the form, which tells the court that you will give or mail a copy of the form and any attachments to your spouse or to your spouse’s attorney if he or she filed an Appearance form. If you are the plaintiff, you may ask a state marshal or other proper officer to serve (deliver) these documents at the same time as the Summons, Complaint, and Notice of Automatic Court Orders.

 Include a filled-out Financial Affidavit with your motion, if your request for court orders is about money.

 Include an Affidavit Concerning Children (JD-FM-164) with your motion, if your request for court orders is about custody or visitation of children.

File the Motion

 Take or mail the motion to the court clerk’s office. There is no court fee for filing this motion.

 A hearing date for your motion will be assigned and you will be notified of when to appear.

 TIP: The earliest that you may file a Motion for Orders Before Judgment is along with the original Summons, Complaint, and Notice of Automatic Court Orders.

 

Automatic Court Orders

            Filing divorce papers triggers certain automatic court orders that protect you, your spouse and any children of this marriage or civil union. If you are the plaintiff, the automatic orders apply to you when you sign the Complaint. If you are the defendant, the automatic orders apply to you when you are served with the Summons and Complaint.

             Once the automatic orders take effect, you may not go into unreasonable debt, sell your property without your spouse’s agreement, change medical or life insurance coverage, or force your spouse to leave your home. If you have children, automatic orders prevent you from moving your children out of state and require you to take part in a parenting education program. The automatic court orders apply to you unless there is already a court order which is different than one of these orders. See the Notice of Automatic Court Orders (JD-FM-158). If you do not obey the automatic court orders, you can be found in contempt of court and punished.

             If you want to change the automatic orders, you may file a motion to modify them using the Motion for Modification (JDFM- 174). Be sure to check the “other” box and state the automatic court order you want changed.

             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 (delivered) with the Summons, Complaint, and Notice of Automatic Court Orders.

 

Responding to a Divorce: Part III

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.

 By now, both you and your spouse must obey the Automatic Court Orders. Please be sure that you read and understand it.

 

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 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: 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.