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A Divorce (Dissolution of Marriage) upon Default means that your spouse chose not to participate in the court action. Specifically, neither an attorney has filed an Appearance (JD-CL-12) form to tell the court that he or she represents your spouse, nor has your spouse filed an Appearance form to tell the court that he or she is representing himself of herself.
Whether your spouse chooses to participate or not, you would use the same forms to file for divorce.
Note: Except that where otherwise noted, this also applies to dissolution of civil unions performed in a foreign jurisdiction.
To file for a Divorce upon Default:
- The Summons Family Actions (JD-FM-3)
- The Divorce Complaint (Dissolution of Marriage) (JD-FM-159) or, if you are filing to dissolve a civil union, not a marriage, the Dissolution of Civil Union Complaint (JD-FM-159A)
- The Notice of Automatic Court Orders (JD-FM-158)
If you cannot afford the court fees to file for a divorce, you can also ask the court to waive the fees by filing an Application for Waiver of Fees/Appointment of Counsel Family (JD-FM-75) form to show the court why you cannot afford to pay. Do not sign this form until you are in front of a court clerk or a notary public.
If you need court orders before judgment is entered such as an order for child custody, child support, exclusive use of the family home and similar orders, fill out the Motion for Orders Before Judgment (Pendente Lite) in Family Cases (JD-FM-176)
Important to note:- If your spouse or an attorney representing your spouse files an Appearance (JD-CL-12) form at any time before you are divorced, your case will no longer proceed as a Divorce upon Default
- It will proceed as either an Uncontested Dissolution of Marriage, if you agree on all issues, or a trial, if you have financial or parenting issues that you cannot resolve
How to deliver the papers to your spouse
- Once you finish your paperwork, you must take it to the Superior Court Clerk’s office. Do not sign these forms until you are in front of a court clerk or a notary public.
- The Clerk will sign the Summons and return the forms to you.
- A State Marshal or other proper officer must deliver copies of the paperwork to your spouse.
- The Clerk’s office or the Court Service Center can give you a list of State Marshals.
- A State Marshal or other proper officer will charge a fee for delivering the paperwork, which you must pay, unless the court has decided that you cannot afford to pay.
- There is a form you can use to ask the court to pay the fee if you prove that you cannot afford to pay. It is the Application for Waiver of Fees/ Appointment of Counsel Family (JD-FM-75). You also can also use this form if you cannot afford to pay the fee to file the case. Do not sign this form until you are in front of a court clerk or a notary public.
Next steps after the papers have been delivered to your spouse
- Once copies of the paperwork have been delivered to your spouse, you must return the original paperwork to the Clerk’s office along with the filing fee and proof that the papers were delivered to the other party. You may want to make copies of any forms that you are filing in the Clerk’s office for your records.
- If the court has decided that you cannot pay the filing fee, you must return the Application for Waiver of Fees/Appointment of Counsel Family (JD-FM-75) form with your other papers.
Case Management Agreement Order
- The next form you will have to fill out and send or give to the Family Clerk’s office is the Case Management Agreement/Order (JD-FM-163).
- This form must be given or sent to the Clerk’s office before the Case Management Agreement date on your Summons form.
- You do not have to go to court on the Return date.
Parenting Education Program
- If you have children under the age of 18 (eighteen), you must take part in a Parenting Education Program within 60 (sixty) days after a family case is filed. There is a fee for the classes that you will have to pay unless the court has decided that you cannot afford to pay.
- If you cannot afford the fee, you will need to complete the Application for Waiver of Fees/ Appointment of Counsel Family (JD-FM-75) form.
- You will need the following forms to participate in the class:
Forms to complete before your final divorce hearing
On the day of your divorce hearing
- On the day of your divorce hearing be sure to come to court early because it can take 10 to 20 minutes to get into the courthouse since everyone must go through a metal detector.
- Be sure to bring your filled out court forms and copies of any other forms you may have filed.
- Go to your assigned courtroom and wait for instructions.
- If you are not sure where to go, check with the Clerk’s office or Court Service Center.
Where to go to get help
- Every case is different and this information sheet is to be used as a guide only.
- If you think you need more help, you may want to get an attorney.
- You also can go to a Court Service Center or contact the Connecticut Network for Legal Aid
or find additional information at the Law Libraries. - Court staff can answer procedural questions and help you understand the legal process, but cannot give you legal advice.
Disclaimer
The information on this webpage is provided as a service and a convenience by the Connecticut Judicial Branch. It is not intended as legal advice to any person. If you have questions about the use of these forms, your legal rights, or particular issues in your case, it is strongly recommended that you talk to an attorney.
Due to the changing nature of the law, the forms and information found on this website will change from time to time. It is up to you to follow the current procedures and to file the correct, up-to-date forms.