How a Connecticut Divorce (Dissolution of Marriage) Begins
Unlike most states where a spouse files a divorce petition with the court clerk first and serves it afterward, Connecticut is a 'service-first' state! Under Connecticut General Statutes § 46b-45, a proceeding for dissolution of marriage, legal separation, or annulment is commenced by serving the other spouse with the Family Actions Summons (Form JD-FM-3), Divorce Complaint (Form JD-FM-159), and Notice of Automatic Court Orders (Form JD-FM-158) BEFORE filing the packet with the Superior Court clerk.
Because the case does not officially exist on the Superior Court docket until service is completed and returned to court, meeting Connecticut's strict Return Day calendar is critical.
The 12-Day Service Rule & 6-Day Return Rule (C.G.S. § 52-46 & § 52-46a)
Every Connecticut divorce summons specifies a 'Return Day' (which must be a Tuesday, set no more than two months from the date of the writ under C.G.S. § 52-48). Two ironclad statutory deadlines flow backward from that Return Day:
1. Service At Least 12 Days Before Return Day (C.G.S. § 52-46): The respondent spouse must be served (in-hand or at their usual place of abode in Connecticut) at least 12 full days before the Tuesday Return Day. In practice, that means service must be completed no later than the Wednesday two weeks prior to the Return Day.
2. Return to Court At Least 6 Days Before Return Day (C.G.S. § 52-46a): After service is completed, the original Writ, Summons, Complaint, Notice of Automatic Court Orders, and sworn Return of Service must be filed ('returned') with the Superior Court clerk at least 6 days before the Return Day.
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Serving Automatic Court Orders (Practice Book § 25-5) & Waiver of Service (§ 46b-45(b))
Under Connecticut Practice Book § 25-5, Automatic Court Orders prohibit both spouses from selling, mortgaging, or concealing marital property, running up unreasonable debt, removing children from Connecticut, or canceling health/life insurance policies while the divorce is pending. While the Automatic Orders bind the plaintiff upon signing the complaint, they do NOT bind the defendant spouse until a copy of the Notice of Automatic Court Orders (Form JD-FM-158) is formally served with the summons and complaint.
Note on Cooperative Spouses: Under C.G.S. § 46b-45(b), if both spouses are cooperative, the defendant spouse may execute a notarized Certification of Waiver of Service of Process (Form JD-FM-249), eliminating the need for formal marshal service.
Serving Out-of-State Spouses (Orders of Notice Under C.G.S. § 46b-46)
What if your spouse resides outside of Connecticut (for example, in New York, Massachusetts, or Florida) or their current address is unknown? Under C.G.S. § 46b-46 and Practice Book § 25-28, you submit an Application for Order of Notice (Form JD-FM-167) to the Superior Court clerk. For an out-of-state spouse with a known address, the court typically enters a First Order of Notice authorizing service either by registered/certified mail OR by an Indifferent Person / authorized process server in the state where the spouse resides.