Divorce process in Connecticut

Getting divorce is always an emotional affair and a stressful process that requires lot of paper works and expenses. In general you will hire an attorney to handle everything, but it is you who has to provide the information. Also, it is good to be well versed with the process which will definitely help you and your attorney to present your case in a better manner. This article lists down the complete Divorce process step wise to help you understand the process easily.

Step 1: Fill the forms

The two parties involved in the divorce process are plaintiff and defendant. One who is filing the divorce in plaintiff and the other party is defendant. The plaintiff has to fill out following forms:

·         Summons Family Actions

·         Divorce Complaint/Cross Complaint

·         Notice of Automatic Orders

·         Affidavit Concerning Children

These forms are available at the courthouse or online. The Summons is the document that tells the defendant that plaintiff is filing the divorce and when the defendant has to come to court. In Complaint form, the plaintiff needs to give personal information and why the plaintiff is seeking a divorce. The defendant may respond to the Complaint by filing an answer or cross-complaint, agreeing or disagreeing with the matters described in the complaint. The Notice of Automatic Orders informs the defendant about the orders that automatically go into effect at the beginning of every divorce case. The Affidavit Concerning Children asks for information about where and with whom the children have lived for the last five years and whether there have been prior custody or visitation cases about the children.

Step 2: Filing for divorce

Plaintiff can file for divorce in any state, where plaintiff or defendant has lived for a minimum period, such as six months to a year, prior to the divorce filing. Plaintiff has to take the filled forms to the Superior Court Clerk’s office in the judicial district of that state. The filing fee is $300 to $350. The clerk will give a “Return Date.” It’s just a date that determines when papers have to be served and filed.

Step 3: Serving the forms

In Connecticut, a State Marshal must serve the defendant with the divorce papers (filed forms) as well as the “Return of Service form.” This is a proof that the papers were served. The marshal charges a fee for serving the paperwork. A 'Return Receipt' must be kept with the records. While serving plaintiff must include the 'Answer' and 'Appearance' forms and the defendant must file the Appearance form within 48 hours of receiving the served papers.

Step 4: File case management agreement

There is a waiting period of 90 days after the Return Date to get a judgment of divorce. This is usually called the "Case Management Date," and is listed in the Notice of Automatic Orders. During this waiting period both the parties must decide the issues of their divorce, including asset and debt division, parenting obligations and responsibilities, child support and spousal support. These agreements must be documented properly using the “Dissolution Agreement (JD-FM-172)” form.

If the defendant has filed an Appearance Form, he or she also needs to sign the Case Management Agreement form before plaintiff sends it to the Clerk’s office. The Case Management Agreement form is important because it’s where plaintiff chooses his/her actual divorce hearing, otherwise the judge will set a hearing date.

Step 5: Disclosure of Financials.

Both the parties have to fill out and exchange “Financial Affidavits” within 30 days of the Return Date and they have to include all of their income, expenses, debts and assets.

Connecticut uses the equitable distribution model to determine who gets what in a divorce and considers various factors when determining fairness:

·         The grounds cited in the divorce petition.

·         The financial position of each spouse.

·         How long the marriage lasted.

Step 6: Finalizing the Divorce.

On the scheduled hearing date, both the parties have to go to the court with all their filed forms. The judge will review all the forms and separation agreement and approve the Dissolution Agreement and both the parties will sign the final judgment and the judge will enter it into the court records. Upon successful court hearing, the Judge will instruct you to file the Divorce Judgment within 30 days. After this form has been filed, the divorce process is complete in Connecticut.