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  CT SAVIN  
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Divorce without an Agreement
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What to Expect on the Resolution Plan date in Your Divorce, Custody or Visitation Plan

While it is always preferable if you and your spouse can work out the terms of your divorce, if you are unable to do so, a judge will make the decisions that will impact your family, such as:

  • who will have custody of your children
  • how to divide your property and assets
  • how to pay your debts
  • whether either spouse gets alimony

Note: This information also applies to dissolution of civil unions performed in a foreign jurisdiction.

Forms to complete to obtain a Divorce




You will need to complete the following forms:
  • Summons Family Actions JD-FM-3
  • 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)

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/Payment Of Costs/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.
You will also need the notice of automatic court orders and attach it to the complaint:
  • The Notice of Automatic Court Orders JD-FM-158
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).

How to deliver the papers to your spouse



  • Once you finish your paperwork, you must take it to the Superior Court Clerk’s office.
  • The Clerk will sign the Summons and return the forms to you.
  • Your spouse can agree to waive service by completing under oath and filing a Certification of Waiver of Service of Process – Divorce, Legal Separation and Annulment (JD-FM-249) and an Appearance (JD-CL-12). Otherwise,
  • Copies of the paperwork must be delivered to your spouse by a State Marshal or other proper officer.
  • 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 do not have to pay.

Next steps after the papers have been delivered to your spouse



  • Once copies of the paperwork have been delivered to your spouse, the original paperwork must be returned to the Clerk’s office along with the filing fee and proof that the papers were delivered to the other party.
  • If the court has decided that you do not have to pay the filing fee, you must return the Application For Waiver Of Fees/Payment Of Costs/Appointment Of Counsel - Family (JD-FM-75) form with your other papers.

If it has been 30 days from the return date in your case and your spouse has not filed an appearance, or if you and your spouse come to a full agreement before the statutory 90 day waiting period is over, you may ask the court to waive the waiting period



  • If it has been 30 days from the return date in your case and your spouse has not filed an Appearance form JD-CL-12 with the court, you may complete and file an Affidavit Concerning Military Service JD-FM-178 and a Motion to Waive Statutory Time Period Upon Defendant’s Failure to Appear and Affidavit – Divorce or Legal Separation JD-FM-272 and ask the judge to waive the statutory 90 day waiting period to get divorced.
  • If your spouse has filed an appearance, at any time before the statutory 90 day waiting period has expired if you and your spouse come to a full agreement, you may ask a judge to waive the waiting period and get divorced at almost any time you choose by filing the Motion to Waive Statutory Time Period by Agreement of the Parties – Divorce or Legal Separation JD-FM-247.
  • In either situation, current financial affidavits will be required for each person who has filed an Appearance JD-CL-12.

How Family Relations Counselors can assist you in reaching an agreement



Family Relations Counselors will assist you and your spouse to reach an agreement. You may be referred by a judge to any of the following free services:

  • Pre-trial Settlement Negotiations

    In all Judicial Districts, Family Relations Counselors conduct pre-trial and final judgment settlement conferences with attorneys and litigants in conjunction with their attendance at Family Short Calendar and other Family Civil Court dockets.

    Click here to view a video about short calendar negotiations.

  • General Case Management

    The goal for matters referred for this service is to provide early intervention in custody/access matters, coordinate needed services, offer compliance monitoring, and facilitate dispute resolution for clients with pending motions. Every effort is made to address the issues impeding resolution of the conflict, provide the Court with required information, and assist the families in reaching a parenting plan. Testimony is provided to the Court as necessary with the goal of expediting the overall process.

  • Intensive Case Management Service

    This is a service for post judgement matters with indications of conflict-driven motions regarding parenting. The focus of Intensive Case Management is to provide parents with a structured process aimed at developing vital skills to move toward more lasting parenting agreements. This includes learning enhanced communication strategies, building better co-parenting relationships, and resolving parenting concerns together.

  • Mediation

    Family Relations Counselors mediate custody and access disputes for up to three 2-hour sessions. These efforts are geared toward assisting parents in resolving differences in a self-determining, non-coercive, and confidential manner.

    Click here to view a video about mediation.

  • Conflict Resolution Conference

    This is a confidential, directive process utilizing negotiation and mediation techniques to resolve the primary issues of custody and access. Parents and attorneys participate in the conferences and information from professional sources may be included. The Family Relations Counselor may offer recommendations to the parents at the conclusion of the process if the parties are unable to resolve their dispute. These recommendations are not provided to the Court.

    Click here to view a video about conflict resolution conference.

  • Conciliation Counseling

    Family Relations Counselors conduct conciliation sessions with parties upon referral from the Court. The focus of these sessions is to explore the possibility of the parties reconciling.

  • Issue-Focused Evaluation

    This is a non-confidential process of assessing a limited issue impacting a family and/or parenting plan. The goal of an Issue-Focused Evaluation is to explore the defined parenting dispute, gather information regarding only this issue and provide a recommendation to the parents and the Court. This evaluation format is limited in scope, involvement, and duration.

    Click here to view a video about issue-focused evaluation.

  • Comprehensive Evaluation

    This is an in-depth, non-confidential assessment of the family system by the Family Relations Counselor. The information gathered by the counselor, the assessment of the family, and the resulting recommended parenting plan is shared with the parents and attorneys. This recommendation may be used to form the basis of an agreement. At the conclusion of the process, a report with recommendations is filed with the Court.

    Click here to view a video about Comprehensive Evaluation.

Others who may be involved in your case

Guardian Ad Litem

  1. What is a guardian ad litem (GAL)?
  2. Who can be a GAL?
  3. What is the role of a GAL?
  4. What can a parent in a family court matter expect from a GAL?
  5. Who pays the GAL?
  6. Is there a sliding scale fee option for parents with limited resources?
  7. Can a GAL be removed from a case?
  8. Is there a list of individuals qualified to be appointed as a Guardian Ad Litem (GAL) in a family case?
  9. Is there a Code of Conduct for Guardians Ad Litem?

Attorney for the Minor Child

  1. What is an Attorney for a Minor Child (AMC)?
  2. Who can be an AMC?
  3. What is the role of an AMC?
  4. What can a parent in a family court matter expect from an AMC?
  5. Who pays the AMC?
  6. Can an AMC be removed from a case?
  7. Is there a list of individuals qualified to be appointed as an Attorney for a Minor Child (AMC) in a family case?
  8. Is there a Code of Conduct for Attorneys for the Minor Child?

Assistant Attorney General

  • If you, your spouse or child ever received public assistance from the State of Connecticut, or if anyone in your family ever received HUSKY health insurance, the state may have an interest in your case, and you are required to notify the Attorney General’s Office of your divorce.
  • Send the Certification of Notice in Family Cases (Public Assistance) (JD-FM-175) to:
    Attorney General’s Office
    55 Elm Street
    Hartford, CT 06106
  • The Attorney General’s Office will decide whether it needs to be involved and, if so, will file its own Appearance (JD-CL-12).

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).
  • If your spouse has filed an Appearance (JD-CL-12) form, he or she needs to sign the Case Management Agreement form as well.
  • 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.
  • If you and your spouse do not agree to a divorce date and have not filed a Case Management Agreement, you must come to court on your Case Management Date. Even if you file a Case Management Agreement, if you have parenting disputes, you must come to court on your Case Management 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/Payment Of Costs/Appointment Of Counsel - Family (JD-FM-75) form.
  • You will need the following forms to participate in the class:
    • Parenting Education Program – List of Approved Programs (JDP-FM-151)
    • Parenting Education Program - Order, Certificate and Results (JD-FM-149)

Forms to complete prior to your final divorce hearing



For your final divorce hearing you have to fill out the following forms:
  • Financial Affidavit (JD-FM-6-LONG) OR
  • Financial Affidavit (JD-FM-6-SHORT) AND
If you have children, you will also need to complete the following two forms:
  • Worksheet for the Connecticut Child Support and Arrearage Guidelines (CCSG-1)
  • Advisement of Rights (JD-FM-71)
  • Affidavit Concerning Children (JD-FM-164)

If your spouse did not respond to the divorce Complaint by the time of the final hearing, you may have to file another form, the:

  • Affidavit Concerning Military Service (JD-FM-178)

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 can also go to a Court Service Center or contact the Connecticut Network for Legal Aid Connecticut Judicial Branch 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.

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