Uncontested Divorce Petition + Decree Filing Packet - Connecticut

UNCONTESTED DIVORCE PETITION + DECREE FILING PACKET — CONNECTICUT

TABLE OF CONTENTS

1. Pre-Filing Eligibility & Path Selection Checklist
2. Caption (All Pleadings)
3. Summons / Complaint (Standard Track — JD-FM-3 / JD-FM-159 Companion)
4. Joint Petition for Non-Adversarial Dissolution (NAD Track — JD-FM-242 Companion)
5. Notice of Automatic Court Orders (Practice Book § 25-5)
6. Cross-Complaint or Waiver / Appearance (Standard Track)
7. Marital Settlement Agreement / Stipulated Agreement
8. Sworn Financial Affidavits (JD-FM-006)
9. Affidavit Concerning Children (JD-FM-164) & Parenting Plan (If Applicable)
10. Child Support Guidelines Worksheet (If Applicable)
11. Affidavit / Memorandum Supporting Entry of Decree Without Hearing
12. Memorandum of Decision / Judgment of Dissolution of Marriage
13. Filing Procedure & Court Clerk Checklist
14. Certification / Service of Process
15. Sources and References

1. PRE-FILING ELIGIBILITY & PATH SELECTION CHECKLIST

☐ Residency (C.G.S. § 46b-44). One of the following is true:
☐ At least one party has resided in Connecticut for the 12 months immediately preceding the filing of the complaint;
☐ At least one party will reside in Connecticut for 12 months before entry of the decree;
☐ A party was domiciled in Connecticut at the time of the marriage and has returned to Connecticut with intent to remain permanently before filing; or
☐ The cause of dissolution arose after a party moved to Connecticut.

☐ Ground (C.G.S. § 46b-40(c)). The marriage has broken down irretrievably (primary no-fault basis). No witness testimony as to cause is required under C.G.S. § 46b-51.

☐ Path selection (choose ONE):

☐ STANDARD TRACK — Complaint by single plaintiff with marshal service (or written waiver). Under C.G.S. § 46b-67(a), parties with a full agreement may ask for judgment before the return date; otherwise the court generally may proceed after the second day following the return date. A contested dissolution trial cannot begin until at least 90 days after the return date.

☐ NON-ADVERSARIAL TRACK (NAD) — C.G.S. § 46b-44a joint petition. All of the following must be true:
☐ Marriage is not more than 9 years in duration;
☐ No children were born to or adopted by the parties before or during the marriage;
☐ Neither party is pregnant;
☐ Neither party has any interest or title in real property;
☐ The parties' combined net property value is less than $80,000;
☐ Neither party has a defined-benefit pension;
☐ Neither party has a pending bankruptcy petition;
☐ No other dissolution, legal separation, or annulment action is pending, subject to § 46b-44a(f);
☐ No restraining or protective order between the parties is in effect;
☐ The residency requirements of § 46b-44 are satisfied.

☐ Automatic Court Orders. Both parties acknowledge that Automatic Orders (Practice Book § 25-5, JD-FM-158) attach to the plaintiff on filing and to the defendant on service.

☐ Filing fee. $360 (subject to legislative update). Fee waiver application JD-FM-75 available for low-income filers.

☐ Settlement. Parties have a complete written agreement on property, debts, alimony, and (if applicable) custody, parenting time, and child support.

2. CAPTION (ALL PLEADINGS)

SUPERIOR COURT

JUDICIAL DISTRICT OF [________________________________]

AT [________________________________]

Docket No. FA-[__-____-________________]

Return Date: [__/__/____]

(For Non-Adversarial Track, the parties appear jointly as Petitioner A and Petitioner B.)

3. SUMMONS / COMPLAINT (STANDARD TRACK — JD-FM-3 / JD-FM-159 COMPANION)

The Plaintiff, complaining of the Defendant, alleges:

3.1 Parties

1. Plaintiff, [PLAINTIFF'S NAME], resides at [________________________________], [________________________________], Connecticut [________]. Date of birth: [__/__/____].

2. Defendant, [DEFENDANT'S NAME], resides at [________________________________], [________________________________], [STATE] [________]. Date of birth: [__/__/____].

3.2 Marriage

3. The parties were married on [__/__/____] at [CITY], [STATE/COUNTRY]. Plaintiff's birth/former name at marriage: [________________________________].

3.3 Residency (C.G.S. § 46b-44)

4. ☐ Plaintiff ☐ Defendant has resided continuously in Connecticut for the 12 months immediately preceding the filing of this Complaint; OR
   ☐ Was domiciled in Connecticut at the time of marriage and has returned with intent to remain; OR
   ☐ The grounds for dissolution arose after Plaintiff moved to Connecticut.

3.4 Ground (C.G.S. § 46b-40)

5. The marriage between the parties has broken down irretrievably. There is no reasonable prospect of reconciliation.

3.5 Children

6. ☐ No children have been born of or adopted during the marriage and Plaintiff is not pregnant.

☐ The following minor child(ren) were born of or adopted by Plaintiff during the marriage (issue of the marriage):

7. UCCJEA: Each child's home state is Connecticut, and the child(ren) have resided in Connecticut for the 6 months immediately preceding filing (or since birth).

3.6 Public Assistance

8. ☐ Neither party nor any child has received Temporary Family Assistance (TFA) or other listed public assistance.

☐ A party / child receives [________________________________]; notice has been / will be provided to the Connecticut Attorney General as required.

3.7 Claims for Relief

The Plaintiff claims:

A. A dissolution of the marriage;

B. Equitable distribution of all property and debts (C.G.S. § 46b-81);

C. ☐ Alimony (C.G.S. § 46b-82); ☐ Waiver of alimony;

D. ☐ Custody and parenting time (C.G.S. § 46b-56); ☐ Child support (C.G.S. § 46b-84);

E. ☐ Restoration of birth/former name [________________________________];

F. Such other relief as the Court deems equitable.

[________________________________]
Plaintiff / Counsel
Juris No.: [______________]

4. JOINT PETITION FOR NON-ADVERSARIAL DISSOLUTION (NAD TRACK — JD-FM-242 COMPANION)

Petitioners [PETITIONER A NAME] and [PETITIONER B NAME] jointly petition this Court for a non-adversarial dissolution of their marriage pursuant to C.G.S. § 46b-44a and represent:

1. The parties were married on [__/__/____] at [CITY], [STATE/COUNTRY].

2. The marriage has broken down irretrievably.

3. The marriage has lasted not more than 9 years as of the filing date.

4. Neither petitioner is pregnant.

5. No children were born to or adopted by the petitioners before or during the marriage.

6. Neither petitioner has any interest or title in real property.

7. The total combined fair market value of all property owned by either petitioner, less amounts owed on that property, is less than $80,000.

8. Neither petitioner has a defined-benefit pension plan or a pending bankruptcy petition.

9. No other action for dissolution, civil union, legal separation, or annulment is pending, subject to § 46b-44a(f); no restraining order under § 46b-15 or protective order under § 46b-38c between the petitioners is in effect.

10. The petitioners agree to proceed by consent, waive service of process as provided in § 46b-44a(d), and are not acting under duress or coercion.

11. Residency under C.G.S. § 46b-44 is satisfied (see Section 3.3 above).

12. The petitioners have signed a written Settlement Agreement resolving all financial issues and have completed sworn Financial Affidavits.

WHEREFORE, the petitioners jointly request that this Court enter a Judgment of Dissolution of Marriage under C.G.S. § 46b-44a without hearing, approving and incorporating the Settlement Agreement.

[________________________________] Date: [__/__/____]
Petitioner A

[________________________________] Date: [__/__/____]
Petitioner B

Sworn before me this [____] day of [____________], [______].

[________________________________]
Notary Public / Commissioner of the Superior Court

5. NOTICE OF AUTOMATIC COURT ORDERS (PRACTICE BOOK § 25-5)

Effective upon filing of the Complaint or Joint Petition (and upon service for the Defendant in the standard track), each party is ORDERED:

(1) Not to sell, transfer, encumber, conceal, assign, remove, or in any way dispose of any property, individually or jointly held, except in the usual course of business or for customary and usual household expenses or for reasonable attorney's fees, without written agreement or court order;

(2) Not to incur unreasonable debts, including borrowing against credit lines, further encumbering assets, or unreasonably using credit cards or cash advances;

(3) Not to cause the other party or any minor child to be removed from any existing medical, hospital, dental, life, automobile, or homeowners' insurance policy;

(4) Not to permanently remove a minor child of the marriage from the State of Connecticut without written consent of the other party or order of the Court;

(5) To complete and exchange Sworn Financial Affidavits within 30 days of the Return Date;

(6) To participate in the parenting-education program required by C.G.S. § 46b-69b if minor children are involved;

(7) To maintain insurance and beneficiary designations as they exist on filing/service date.

Violation may be punished as contempt and may be considered by the Court in property and support determinations.

6. CROSS-COMPLAINT OR WAIVER / APPEARANCE (STANDARD TRACK)

Option A — Appearance and Waiver of Service

I, [DEFENDANT NAME], hereby appear pro se / through counsel in the above-styled action, acknowledge receipt of the Complaint, Summons, Notice of Automatic Orders, and any financial affidavits, and submit to the jurisdiction of this Court. I waive any defect in service of process.

[________________________________] Date: [__/__/____]
Defendant

Option B — Cross-Complaint

The Defendant cross-complains, adopting the allegations of paragraphs 1–7 of the Complaint as if fully restated, and claims a dissolution of the marriage and the relief set forth in the parties' Settlement Agreement.

[________________________________]
Defendant / Counsel

Option C — Default

If the Defendant has been served and fails to appear by the second day following the Return Date, the Plaintiff may seek a non-suit / default and proceed to judgment on the uncontested docket.

7. MARITAL SETTLEMENT AGREEMENT / STIPULATED AGREEMENT

This Agreement is entered into between [PARTY A] and [PARTY B] on [__/__/____].

7.1 Recitals

A. Married [__/__/____]; separated [__/__/____].

B. Each party has provided complete financial disclosure via sworn Financial Affidavit (JD-FM-006) and incorporated documents.

C. Each party has had the opportunity to retain independent counsel.

7.2 Real Property (C.G.S. § 46b-81 — All-Property State)

7.3 Vehicles and Personal Property

7.4 Financial Accounts and Retirement

7.5 Debts

7.6 Alimony (C.G.S. § 46b-82)

☐ Both parties waive alimony, present and future.

☐ [PARTY] shall pay periodic alimony of $[________] per [period] for [________] months, beginning [__/__/____], modifiable / non-modifiable as marked, terminable on death, remarriage, or cohabitation.

7.7 Children (if applicable)

Custody, parenting time, and child support are governed by the attached Parenting Plan and Child Support Guidelines Worksheet. Child support computed under C.G.S. § 46b-215a and the Connecticut Child Support and Arrearage Guidelines.

7.8 Health Insurance / Section 46b-84 Order

[PARTY] shall provide health insurance for the minor child(ren) so long as available through employment at reasonable cost.

7.9 Taxes

Tax year [______]: ☐ joint ☐ separate. Allocation of refund/liability: [________________________________].

7.10 Acknowledgments

Each party affirms that this Agreement is fair and equitable under all circumstances, freely entered after full disclosure, and may be incorporated by reference into the Judgment of Dissolution.

7.11 Signatures

[________________________________] Date: [__/__/____]
Party A

[________________________________] Date: [__/__/____]
Party B

Sworn before me this [____] day of [____________], [______].

[________________________________]
Notary Public / Commissioner of the Superior Court

8. SWORN FINANCIAL AFFIDAVITS (JD-FM-006)

Each party shall complete a sworn Financial Affidavit (JD-FM-006-LONG, or JD-FM-006-SHORT, as applicable) disclosing:

☐ Weekly gross and net income from all sources;

☐ Itemized weekly expenses;

☐ All assets (real property, vehicles, financial accounts, retirement, business interests, other personal property) with fair market values;

☐ All liabilities (mortgages, loans, credit cards, taxes, judgments) with balances and creditors;

☐ Health insurance coverage;

☐ Most recent pay stubs and two most-recent federal tax returns attached as supporting documents (per Practice Book disclosure requirements).

The Financial Affidavit is sworn under oath and filed with the Court.

9. AFFIDAVIT CONCERNING CHILDREN (JD-FM-164) & PARENTING PLAN (IF APPLICABLE)

If there are minor children of the marriage, complete and file:

☐ JD-FM-164 Affidavit Concerning Children, listing each child's residence for the past 5 years, persons with claims to custody, prior custody proceedings, and other UCCJEA disclosures (C.G.S. § 46b-115).

☐ A Parenting Plan addressing: legal custody (sole/joint); physical custody / primary residence; parenting time schedule (regular, holidays, vacations); decision-making for education, health, and religion; transportation; communication; relocation; and dispute resolution (C.G.S. § 46b-56a, § 46b-56d).

☐ Certificate of completion of the C.G.S. § 46b-69b parenting-education program for both parties.

10. CHILD SUPPORT GUIDELINES WORKSHEET (IF APPLICABLE)

Complete the Connecticut Child Support and Arrearage Guidelines Worksheet (CCSG-1) using current schedules. Include the calculated presumptive support amount, any deviation criteria invoked (C.G.S. § 46b-215a-5c), and the resulting agreed support.

☐ Weekly child support: $[________] per week, payable from [PAYOR] to [PAYEE].

☐ Cash medical: $[________] per week (if not providing insurance directly).

☐ Childcare allocation: [____________].

☐ Unreimbursed medical expense allocation: Petitioner [____]% / Respondent [____]%.

☐ Income withholding order pursuant to C.G.S. § 52-362.

11. AFFIDAVIT / MEMORANDUM SUPPORTING ENTRY OF DECREE WITHOUT HEARING

I, [AFFIANT], being duly sworn, state:

1. I am a party to this action and have personal knowledge of the facts below.

2. Residency under C.G.S. § 46b-44 is satisfied as stated above.

3. ☐ The parties have reached a full written agreement and ask the court to enter judgment before the return date; OR ☐ the second day following the return date has passed, as applicable under C.G.S. § 46b-67(a).

4. The marriage between the parties has broken down irretrievably.

5. Both parties have completed and exchanged Sworn Financial Affidavits and (if applicable) the parenting-education program.

6. The Settlement Agreement is fair and equitable in all the circumstances (C.G.S. § 46b-66) and is recommended for incorporation into the Judgment.

7. We respectfully request that the Court enter the Judgment of Dissolution submitted herewith without further hearing.

[________________________________]
Affiant

Sworn before me this [____] day of [____________], [______].

[________________________________]
Notary Public / Commissioner of the Superior Court

12. MEMORANDUM OF DECISION / JUDGMENT OF DISSOLUTION OF MARRIAGE

This matter came before the Court on the parties' Complaint / Joint Petition for Dissolution of Marriage. After review of the pleadings, sworn Financial Affidavits, Settlement Agreement, Affidavit Concerning Children (if any), parenting-education certificates, and supporting affidavits, the Court FINDS, ORDERS, ADJUDGES, AND DECREES:

12.1 Findings

1. The Court has subject-matter and personal jurisdiction (C.G.S. § 46b-44).

2. At least one party has met the residency requirement of C.G.S. § 46b-44.

3. The marriage has broken down irretrievably and there is no reasonable prospect of reconciliation (C.G.S. § 46b-40(c)).

4. ☐ The parties reached a full agreement and asked the Court to enter judgment before the return date.
   ☐ The second day following the return date has passed, as applicable under C.G.S. § 46b-67(a).

5. The Settlement Agreement is fair and equitable (C.G.S. § 46b-66) and is APPROVED.

6. (If applicable) The parenting orders are in the best interest of the minor child(ren) (C.G.S. § 46b-56).

12.2 Judgment

A. The marriage between [PARTY A] and [PARTY B] is DISSOLVED.

B. The Settlement Agreement dated [__/__/____] is INCORPORATED into this Judgment by reference, but is not merged unless expressly stated.

C. ☐ Custody / parenting time as set forth in the Parenting Plan is APPROVED and ORDERED.

D. ☐ Child support ordered: $[________] per week, from [PAYOR] to [PAYEE], by income withholding.

E. ☐ Alimony: ☐ waived; ☐ awarded as: [________________________________].

F. ☐ [Party A's] former name [________________________________] is RESTORED.

G. Each party shall execute all documents necessary to effectuate property transfers, account divisions, and QDROs.

DATED at [________________________________], Connecticut, this [____] day of [____________], [______].

[________________________________]
JUDGE / FAMILY SUPPORT MAGISTRATE
SUPERIOR COURT

13. FILING PROCEDURE & COURT CLERK CHECKLIST

☐ Step 1. Confirm residency / domicile; select STANDARD or NAD path.

☐ Step 2 (Standard). Prepare JD-FM-3 (Summons), JD-FM-159 (Complaint), JD-FM-158 (Automatic Orders), JD-FM-164 (Affidavit Concerning Children, if applicable), Notice of Marital Settlement Agreement.

☐ Step 2 (NAD). Prepare JD-FM-242 (Joint Petition), JD-FM-006 financial affidavits (both parties), Settlement Agreement.

☐ Step 3 (Standard). Set a Tuesday Return Date on the summons no later than two months after the date of process (§ 52-48).

☐ Step 3 (NAD). File the joint petition and required accompanying documents in the judicial district where one petitioner resides (§ 46b-44a(a)); this joint-petition track has no summons Return Date.

☐ Step 4 (Standard). Effect service by Connecticut State Marshal at least 12 days before the Return Date (C.G.S. § 52-46). Return the served process to the Superior Court clerk at least six days before the Return Date (§ 52-46a); pay the applicable filing fee or submit JD-FM-75 fee waiver. Defendant may waive marshal service in writing where permitted by § 46b-45.

☐ Step 5. Defendant files Appearance (JD-CL-12) by 2 days after the Return Date.

☐ Step 6. Both parties exchange and file sworn Financial Affidavits (within 30 days of Return Date / Practice Book § 25-30) and complete parenting class (if applicable) within 60 days.

☐ Step 7 (Standard). Apply § 46b-67(a): a full agreement may be presented for judgment before the return date; otherwise the court generally may proceed after the second day following the return date. Reserve the 90-day threshold for the start of a contested trial.

☐ Step 8. Submit Judgment, Affidavits, Settlement Agreement, Child Support Worksheet, and (if applicable) parenting-class certificates. Since 2022, uncontested cases may be decided on the papers without a courtroom appearance.

☐ Step 9. Obtain entered Judgment; record property transfers; submit QDROs; update beneficiary designations.

14. CERTIFICATION / SERVICE OF PROCESS

The undersigned certifies that on [__/__/____] a copy of the foregoing was delivered to all counsel and self-represented parties of record:

[________________________________]
[ATTORNEY / SELF-REPRESENTED PARTY]
Juris No.: [______________]
[ADDRESS] / [PHONE] / [EMAIL]

15. SOURCES AND REFERENCES

• C.G.S. § 46b-40 — Grounds (irretrievable breakdown; fault grounds).
• C.G.S. § 46b-44 — Residency.
• C.G.S. § 46b-44a, 44b, 44c — Non-Adversarial Dissolution.
• C.G.S. § 46b-51 — No requirement of fault testimony.
• C.G.S. § 46b-56 / 56a / 56d — Custody and parenting orders.
• C.G.S. § 46b-66 — Court approval of settlement.
• C.G.S. § 46b-67 — Timing of dissolution proceedings; contested trial may not begin until at least 90 days after the return date.
• C.G.S. § 46b-69b — Parenting education program.
• C.G.S. § 46b-81 — Equitable distribution (all-property).
• C.G.S. § 46b-82 — Alimony.
• C.G.S. § 46b-83 — Pendente lite orders.
• C.G.S. § 46b-84 / 46b-215a — Child support guidelines.
• C.G.S. § 46b-115 — UCCJEA.
• C.G.S. §§ 52-46, 52-46a, 52-48 — Service, return of process, and return day.
• C.G.S. § 52-362 — Income withholding.
• Practice Book §§ 25-1 to 25-71 — Family matters.
• Practice Book § 25-5 — Automatic Orders.
• Connecticut Judicial Branch Forms: JD-FM-3, JD-FM-006, JD-FM-75, JD-FM-158, JD-FM-159, JD-FM-164, JD-FM-242 — available at jud.ct.gov/forms.
• Connecticut Child Support and Arrearage Guidelines.