(a) A proceeding for an annulment, a dissolution of marriage or civil union or a legal separation shall be commenced by the service and filing of a complaint as in all other civil actions in the Superior Court for the judicial district in which one of the parties resides. The plaintiff shall cause to be served with the complaint a blank appearance form, in such form as the Chief Court Administrator prescribes. The complaint may also be made by the Attorney General in a proceeding for annulment of a void marriage. The complaint shall be served on the other party.
(b) Any person entitled to service of process of a summons and complaint that commences an action for an annulment, a dissolution of marriage, a dissolution of civil union or a legal separation may waive such service by (1) executing a written waiver of service on a form prescribed by the Office of the Chief Court Administrator, and (2) filing an appearance with the court. Upon filing of both the waiver of service and the appearance of the person waiving such service, the action shall proceed as consistent with the provisions of this chapter.
(c) If any party is an inmate who is (1) committed to the custody of the Commissioner of Correction, and (2) a patient in a hospital for psychiatric disabilities, a copy of the complaint shall be served on the Commissioner of Administrative Services personally or by registered or certified mail. If any party is confined in an institution in any other state, a copy shall be so served on the superintendent of the institution in which the party is confined.
(P.A. 73-373, S. 4; P.A. 74-169, S. 3, 18; P.A. 77-614, S. 70, 610; P.A. 78-230, S. 21, 54; 78-280, S. 2, 127; P.A. 17-47, S. 3; P.A. 18-14, S. 1.)
History: P.A. 74-169 clarified provisions, substituting “service and filing of a complaint as in all other civil actions” for “making a complaint”; P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services; P.A. 78-230 divided section into Subsecs. and restated provisions; P.A. 78-280 deleted reference to counties, a change effected as well in P.A. 78-230; Sec. 46-36 transferred to Sec. 46b-45 in 1979; P.A. 17-47 amended Subsec. (a) by adding “civil union” and making technical changes, added new Subsec. (b) re waiver of service and redesignated existing Subsec. (b) as Subsec. (c) and amended same by replacing “inmate of a mental institution in this state” with “inmate who is (1) committed to the custody of the Commissioner of Correction, and (2) a patient in a hospital for psychiatric disabilities”; P.A. 18-14 amended Subsec. (a) by adding provision re plaintiff to cause blank appearance form to be served with the complaint and made a technical change.
See Sec. 46b-10 re reconciliation attempts ordered by court in action for dissolution of marriage, legal separation or annulment.
Annotations to former section 46-36:
Cited. 173 C. 161.
Cited. 31 CS 188.
Annotations to present section:
Cited. 181 C. 225; 185 C. 249; Id., 491; 208 C. 329; 224 C. 749.
Cited. 35 CA 449.
Structure Connecticut General Statutes
Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment
Section 46b-41. (Formerly Sec. 46-36a). - Complaint includes cross-complaints or cross actions.
Section 46b-42. (Formerly Sec. 46-33). - Jurisdiction.
Section 46b-43. (Formerly Sec. 46-34). - Capacity of minor to prosecute or defend.
Section 46b-44. (Formerly Sec. 46-35). - Residency requirement.
Section 46b-44a. - Filing of joint petition for nonadversarial dissolution of marriage. Procedure.
Section 46b-44b. - Revocation of joint petition for nonadversarial dissolution of marriage. Effect.
Section 46b-45a. - Allegation of pregnancy in pleadings. Disagreement as to parentage. Hearing.
Section 46b-49. (Formerly Sec. 46-45). - Private hearing.
Section 46b-50. (Formerly Sec. 46-46). - Number of witnesses in uncontested action.
Section 46b-52. - Recrimination and condonation abolished.
Section 46b-53. (Formerly Sec. 46-41). - Conciliation procedures; privileged communications.
Section 46b-55. (Formerly Sec. 46-63). - Attorney General as party to action.
Section 46b-56b. - Presumption re best interest of child to be in custody of parent.
Section 46b-56c. - Educational support orders.
Section 46b-56e. - Orders of custody or visitation re children of deploying parent.
Section 46b-56f. - Emergency ex parte order of custody.
Section 46b-58. (Formerly Sec. 46-58). - Custody, maintenance and education of adopted children.
Section 46b-59. - Petition for right of visitation with minor child. Order for payment of fees.
Section 46b-59a. - Mediation of disputes re enforcement of visitation rights.
Section 46b-59b. - Court may not grant visitation to parent convicted of murder. Exception.
Section 46b-60. (Formerly Sec. 46-55). - Orders re children and alimony in annulment cases.
Section 46b-63. (Formerly Sec. 46-60). - Restoration of birth name or former name of spouse.
Section 46b-64. (Formerly Sec. 46-64c). - Orders of court prior to return day of complaint.
Section 46b-66a. - Order of court re conveyance of title to real property. Effect of decree.
Section 46b-69. (Formerly Sec. 46-64b). - Statutes applicable to matrimonial actions.
Section 46b-69a. - Wage executions and earning assignments.
Section 46b-69b. - Parenting education program.
Section 46b-69c. - Advisory committee. Recommendations to Judicial Department.
Section 46b-70. - Foreign matrimonial judgment defined.
Section 46b-71. - Filing of foreign matrimonial judgment; enforcement in this state.
Section 46b-72. - Notification of filing.
Section 46b-73. - Stay of enforcement; modifications; hearing.
Section 46b-74. - Right to action on judgment unimpaired.
Section 46b-75. - Uniformity of interpretation.
Section 46b-81. (Formerly Sec. 46-51). - Assignment of property and transfer of title.
Section 46b-82. (Formerly Sec. 46-52). - Alimony.
Section 46b-85. (Formerly Sec. 46-53). - Order for support of mentally ill spouse.
Section 46b-86. (Formerly Sec. 46-54). - Modification of alimony or support orders and judgments.
Section 46b-87. (Formerly Sec. 46-56). - Contempt of orders.