Do It Yourself Divorce Guide (JDP-FM-179) - Connecticut
A PUBLICATION OFTHE JUDICIAL BRANCHSTATE OF CONNECTICUTDo It YourselfDIVORCE GUIDE
Judicial Branch Mission StatementThe mission of the State of Connecticut Judicial Branch is to serve the interests ofjustice and the public by resolving matters brought before it in a fair, timely, efficientand open manner.This “Do It Yourself Divorce Guide” is designed to help people without formal legaltraining use Connecticut’s state courts. It is available at any Superior Court Clerk’sOffice, the Public Information Desks, the Court Service Centers, and at the JudicialBranch website at www.jud.ct.gov.The Connecticut Judicial Branch gratefully acknowledges contributions to this guidemade by the Superior Court Judges, the legal services programs of Connecticut, theFamily Law Section of the Connecticut Bar Association, individual attorneys, andcourt personnel.
DO IT YOURSELF DIVORCEDo It YourselfDIVORCE GUIDEJudicial BranchState of Connecticut
DO IT YOURSELF DIVORCETABLE OF CONTENTSIntroduction. 4Family Violence.5Overview.6Common Words in a Divorce.8Court Personnel.11STEP 1Starting a Divorce. 13Fill Out Court Forms.14Take the Forms to the Court Clerk’s Office.17Service (Delivery of forms and papers to your spouse).18File the Court Forms at the Court Clerk’s Office.19Court Orders Before the Divorce Judgment (Pendente Lite).19STEP 2Responding to a Divorce. 20File an Appearance Form.21File an Answer and/or Cross Complaint.22Court Orders Before the Divorce Judgment (Pendente Lite).22STEP 3Automatic Court Orders. 23Automatic Court Orders.24STEP 4The 90 Day Waiting Period. 25Fill Out and Give Each Other Financial Affidavits.27Attend Parenting Education Classes.28Special Issues with Children.28Contact Military if You Do Not Know Your Spouse’s Location.28Case Management Process.29Court Orders Before the Divorce Judgment (Pendente Lite).30Prepare Motion.31File the Motion.31Custody.32Visitation (Also called parenting time or access).32
DO IT YOURSELF DIVORCEAlimony.33Child Support.34Educational Support Orders.34Health Insurance for Your Child.34Parenting Education Program.35Paternity.35STEP 5Finalizing Your Divorce. 36Fill Out the Court Documents for the Uncontested Hearing.37The Court Hearing.38Judgment Form.40Additional Information. 41Enforcing Your Court Order.42Modifying/Changing Your Court Order.43Mediation.44Legal Advice or Representation.44Family Violence.45Advocacy/Support Groups.46Statutes.47Court Rules.47List of Legal Holidays.48Connecticut Judicial District Courts.49Court Forms Discussed in this Guide.52
DO IT YOURSELF DIVORCE4INTRODUCTIONThis booklet is designed to help you represent yourself in a divorce; in other words, a dissolution of marriage or a dissolution of civilunion. Legal words and court documents can be confusing. The moreyou know about how to get a divorce, the more comfortable you will bewhen you fill out the necessary court forms and come to court. Thisbooklet gives you the information you need to start a divorce orrespond to divorce papers. The most commonly used court forms youneed to start a divorce are in the Divorce Guide Supplement (JDPFM-180) and should be used with this guide. Court staff can answerprocedural questions and help you understand the legal process, but cannot give you any legal advice.The decision to get divorced can be difficult. You may beconcerned about money, your children, or finding a place to live. Pleasecheck the Additional Information section beginning on page 41 for thenames and telephone numbers of organizations which may be able tohelp you with the emotional and practical issues of divorce.Note: If you need more information or help after reading this guide, you shouldeither talk with an attorney or read the appropriate sections of the Connecticut GeneralStatutes and the Connecticut Practice Book. Divorce in Connecticut is governedby General Statutes Section 46b-40 and the sections that follow, and Practice BookChapter 25. The General Statutes and Practice Book are available in the SuperiorCourt Law Libraries located throughout the state as well as on the Judicial Branchwebsite located at www.jud.ct.gov.
DO IT YOURSELF DIVORCE5FOR YOUR SAFETYFAMILY VIOLENCEIf you are being physically abusedor threatened with physical abuseby your spouse, you should contactthe police and a family violenceprogram near you. Call the StatewideDomestic Violence hotline at1-888-774-2900 or Infoline at 211 fora family violence program near you.You should talk with an attorney or afamily violence program staff personif you are worried that your spousewill become more violent when heor she learns that you are filing fordivorce. Family violence programservices include: emergency shelter,counseling, 24 hour hot lines,information, support groups, advocacy,and referrals. You may also qualifyfor a court order called a restrainingorder to help protect you fromphysical abuse, the threat of physicalabuse, stalking or a pattern ofthreatening. The first step is to fillout an “Application for Relief fromAbuse.” You may get this form fromthe Judicial District clerk’s office orfrom the Judicial Branch websiteat www.jud.ct.gov.FamilyViolence –NeedHelp?Call theStatewideDomesticViolencehotline at1-888-774-2900or Infolineat 211 for afamily violenceprogramnear you.
DO IT YOURSELF DIVORCE6OVERVIEWThe best wayto find amarriage/familycounselor isthrough wordof mouth. Get areferral fromsomeone youtrust, like afriend, a pastor,or a socialworker. Youmay also lookin the yellowpages underany of sts,Psychotherapists, or SocialWorkers.Getting divorced is an important decision. Before you decideto get a divorce, you may want to meet with a family counselor. Acounselor is someone who can help you identify issues concerningyour marriage or civil union and your decision to get a divorce.If you cannot work out your differences, divorce is a way tolegally end your marriage or civil union. Dissolution is the wordConnecticut law uses for divorce. If you decide to end your marriageor civil union, this booklet will help you represent yourself. When aperson represents himself or herself, he or she may be referred to as a“self-represented party” or a “pro se party.”This booklet contains general information for uncomplicatedcases. It should only be used when you and your spouse agree on thebasic issues. If you and your spouse disagree about child custodyor other important issues, you should seriously think about gettingan attorney.Not everyone can afford an attorney and court staff cannot giveyou legal advice. If you have a low income, you may be able to get freelegal services. To learn if you can get free legal services, you may callStatewide Legal Services at 1-800-453-3320. The people who answerthe telephone speak English and Spanish.There are many steps to a divorce. When you and your spouseagree on basic issues, it takes about 3 to 4 months to complete adivorce. One way to reach an agreement on basic issues is to work witha mediator. (See additional information on page 44.) The Family ServicesOffice of the Judicial Branch’s Court Support Services Division (CSSD)can also mediate divorce cases. Its services are free.Regardless of who files for the divorce, the judge will listencarefully to you and to your spouse.
DO IT YOURSELF DIVORCEYou will find a list of all of the forms referred to in this guideon pages 52 and 53 in the Additional Information section. The mostcommonly used court forms you need to start a divorce are in thesupplement to this booklet. The Divorce Guide Supplement isavailable at any Judicial District clerk’s office, Court Service Centerand on the Judicial Branch website at www.jud.ct.gov/pub.htm. See alisting of Judicial District courts on pages 49 – 51. Please review thecommon words and the descriptions of court personnel that you willneed to work with on pages 8 – 12. Then, to start a divorce, turn topage 13. To respond to divorce papers, turn to page 20.TIPSThe amount of paper in a court case canbe overwhelming. Start out right andfollow these tips:1Always write down the date and the name of thecourt personnel, state marshal or others whogive you instructions or explain things to you.2When you must mail something, you may wantto send it by “certified mail” with a “returnreceipt” so you have proof that you mailed itand that it was received.3Keep all documents, notes and receipts in a file,envelope or binder.4When you file a document with the court, includethe full docket number and case name.5Always keep a copy of every document foryourself. Do not give away your only copy ofa document.7
8DO IT YOURSELF DIVORCECOMMON WORDS IN A DIVORCEDivorce involves complex laws and procedures. If you aregetting divorced, here are some words that you should know.AlimonyMoney a court requires one spouse to pay the other spouse for supportbefore and/or after the divorce is granted. If you do not ask for alimonyat the final hearing, you can never get it in the future.AnnulmentA court order declaring that the marriage or civil union is invalid.ArrearagesMoney for court ordered alimony and/or child support which isoverdue and unpaid.AutomaticCourt OrdersCourt orders that take effect when the divorce process begins.Broken DownIrretrievablyThe most common reason for granting a divorce. It means there is nohope of getting back together.Child SupportMoney paid by a parent to help meet the financial needs of a child.ComplaintA legal paper that starts your case and tells the court what you want.CustodyA court order deciding where a child will live and how decisions aboutthe child will be made. Parents may ask for any custody arrangementthat they believe is in the best interest of their child.DefendantThe person who is served with divorce papers; the person who did notfile the divorce in court.Dissolution/DivorceThe legal end of a marriage or civil union by a court.
DO IT YOURSELF DIVORCE9Docket NumberA number the court clerk assigns to a case. It must be used on allfuture papers filed in the court case.FilingGiving the court clerk your legal papers.FinancialAffidavitA statement of income, expenses, property (calledassets) and debts (called liabilities) made under oath.IncomeWithholdingOrderA court order to deduct child support or alimony payments fromsomeone’s income.Judgment FileA permanent court record of the court’s final decision.LegalSeparationA court order describing the conditions under which twopeople still joined by marriage or civil union will live separately.No-FaultDivorceThe most common kind of divorce, where neither partyneeds to prove that the other party caused the marriage orcivil union to end.PartiesThe people who are named as plaintiff and defendant onlegal papers.PaternityLegal fatherhood.Pendente LiteOrderA court order made before a divorce is granted.PlaintiffThe person who files for divorce.
DO IT YOURSELF DIVORCE10Pro SeFor yourself (see “self-represented party”).Pro Se DivorceDo it yourself divorce.RestrainingOrderA court order to protect someone from physical abuse or the threat ofphysical abuse.Return DateThe date when the divorce action starts in court and when the 90 daywaiting period for a divorce begins. Also, the defendant should file anappearance form on or before the 2nd day after the Return Date. Nothinghappens in court on the Return Date and no one needs to go to court onthe Return Date. The Return Date is always a Tuesday.SelfRepresentedPartyA person who decides to speak for, and represent, himself or herselfin court.ServiceThe legal method for having your spouse given a copy of the courtpapers being filed, or notice that court action is being taken or hasbeen taken. Service can be made by a state marshal, a constable, or otherproper officer authorized by statute.SpouseEither person in a marriage or civil union.VisitationA court order deciding the amount of time a parent who does not havecustody of a child may spend with his or her child; also called parentingtime or access.
DO IT YOURSELF DIVORCECOURT PERSONNELTo get a divorce, you will need to talk with many people who workin the court system. You will know better what to expect from themafter you read the descriptions below.CaseflowCoordinatorKeeps track of your case and manages the scheduling of hearingsand trials.Court ClerkKeeps the official court record of your case. The clerk’s officereceives all court papers and may assign hearing dates.CourtInterpreterTranslates court hearings from English to another language.CourtRecordingMonitorRecords the court hearing on audio tape or disk. Prepares a writtenrecord of the hearing for a fee, if requested.CourtReporterTypes everything said during the court hearing. Prepares a writtenrecord of the hearing for a fee, if requested.Court ServiceCentersSelf-help centers that provide services for self-represented parties,attorneys, and the community. They are located in Judicial Districtcourthouses and are staffed by Judicial Branch employees. SeveralCourt Service Centers have bilingual staff.FamilyRelationsCounselorMediates disagreements and negotiates agreements in divorce cases.At the request of the judge, a family relations counselor may evaluatea family situation by interviewing each parent and the children in thefamily and writing a report for the judge, making recommendationsabout custody and visitation. Works in the Judicial Branch’s CSSDFamily Services Office.11
DO IT YOURSELF DIVORCE12FamilySupportMagistrateDecides cases involving child support and paternity. Can also enforcecourt orders involving paternity, child support and alimony.JudgeHears and decides cases for the courts.JudicialMarshalResponsible for courthouse security including the metal detectors at theentrance of each courthouse and keeps order in each courtroom.Law LibrarianKeeps legal reference and research materials for public use.PublicInformationDesksPart of the Court Service Center program and located in some JudicialDistrict and Geographical Area courthouse lobbies. These Desks havedaily calendar and docket information, court forms, and informationabout community services.State MarshalCan serve copies of the legal papers on the other people named inthe lawsuit.SupportEnforcementOfficerSupervises child support payments and brings parents to court toenforce child support orders. May also file legal papers to change ormodify child support orders.
DO IT YOURSELF DIVORCESTEP 1STARTING A DIVORCEFill Out Court FormsTake the Forms to theCourt Clerk’s OfficeService (Delivery of forms andpapers to your spouse)File the Court Forms atthe Court Clerk’s OfficeCourt Orders Before theDivorce Judgment(Pendente Lite)13
14STEP 1DO IT YOURSELF DIVORCESTARTING A DIVORCEEvery officialcourt form hasa name and anumber likeJD-FM-100 inthe upper lefthand corner ofthe form.To start a divorce, you will need three court forms: u the Summons Family Actions (JD-FM-3), v either the Divorce Complaint(Dissolution of Marriage) (JD-FM-159) or the Dissolution of CivilUnion Complaint (JD-FM-159A), and w the Notice of AutomaticCourt Orders (JD-FM-158). Once you fill out the forms, you must takethem to the court clerk’s office. The court clerk will review your formsand return them to you. Your spouse must be given a copy of the divorcepapers 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 thecompleted court forms and the proof that a copy of the forms was servedon your spouse. You must also pay the filing fee, unless the court hasgranted an Application for Waiver of Fees (see page 16). All of the courtforms underlined below are listed in the back of this booklet. Courtforms are available at the clerk’s office in any Judicial District courthouse, the Court Service Centers, and the Public Information Desks atselected courthouses. They are also on the Judicial Branch website atwww.jud.ct.gov.Fill Out Court FormsYou may picka JudicialDistrict whichserves eitheryour town ofresidence orthe townwhere yourspouse lives.Fill out a Summons Family Actions (JD-FM-3). A Summonsdirects an officer (usually a state marshal) to notify your spousethat you are filing for a divorce. A Summons tells your spouse tofile an Appearance form (JD-CL-12), so he or she can respond tothe lawsuit and be sent notices from the court about all future courtdates. Do not sign the Summons until you go see the court clerk.Bring photo identification to show the clerk.Choose the correct Judicial District courthouse and fill it in on theSummons. (See list of Judicial Districts on pages 49 – 51.)
DO IT YOURSELF DIVORCE15Choose a Return Date. It must be a Tuesday and should be at least fourweeks after the day you bring the papers to the court clerk. Fill in theReturn 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 thecourt and your s
Branch website at www.jud.ct.gov. The Connecticut Judicial Branch gratefully acknowledges contributions to this guide made by the Superior Court Judges, the legal services programs of Connecticut, the Family Law Section of the Connecticut Bar Association, individual attorneys, and court personnel.
the divorce rate, even if the underlying divorce trend is stable.) And, as noted earlier, the crude divorce rate excludes data from states (including large states such as California) that do not report divorce data to the federal government. Nevertheless, the crude divorce rate provides a rough indication of changes in divorce over time. For exam-
Separation and Divorce Ken Maynard's Divorce Survival Guide. Ken Maynard's Divorce Survival Guide Page 2 Contemplating separation/divorce, most people put themselves under undue stress worrying about their financial well-being. Much of that stress is due to the fear of the unknown. So what
After a court grants your divorce and issues a Final Judgment and Decree of Divorce, you will be legally able to remarry. It is advisable to speak with a lawyer before filing any action with the Court; this divorce is no exception to that rule. There are often more issues involved in a divorce
itate divorce during later life, especially for women (Bair, 2007). Financial autonomy allows older women to consider divorce as a viable alternative to remaining married. Thus, we examine whether gender and economic resources have interactive effects on the risk of divorce. Finally, the marital biography, or marriage order and mar -
divorce rate, at least in the short term (for couples already married at the time of the reform). However, the studies also conclude that divorce law reforms are not the main driver of the widespread increase in divorce rates during the second half of the 20th century. For instance, the European study concludes that divorce law reforms in Europe
cruelty, and desertion for one year are “fault’ grounds for divorce. The fifth ground, one year’s continuous separation, is considered a “no-fault” ground for divorce. 1. FAULT GROUNDS FOR DIVORCE These grounds are based on the fault of one or more of the parties. If there is a determination of fault, that can impact
Divorce Form 1 Notice to Defend and Divorce Complaint Instructions . Form 1 - Notice to Defend and Divorce Complaint . The numbers on these instructions correspond with the numbers in the boxes on the form. Use the form with the boxes to guide you through filling out the blank form. Box 1: Print the name of the county in which you are filing.
WARNING - Divorce can have serious long- term legal and financial consequences. It's . strongly recommended that you consult a lawyer and carefully consider all of your . options before you represent yourself in a divorce action. When you represent yourself, you're held to the same requirements and .
