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: 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.

 

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.

 

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.

 

Getting Divorced, Step-by-Step: Part II

Tips

The amount of paper in a court case can be overwhelming. Start out right and follow these tips:

 1. Always write down the date and the name of the court personnel, state marshal or others who give you instructions or explain things to you.

 2. When you must mail something, you may wish to send it by “certified mail” with a “return receipt” so you have proof that you mailed it and that it was received.

 3. Keep all documents, notes and receipts in a file, envelope or binder.

 4. When you file a document with the court, include the full docket number and case name.

 5. Always keep a copy of every document for yourself. Do not give away your only copy of a document.