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.
