An Act Concerning a Non-Adversarial Dissolution of Marriage

1. financial affidavits completed by each party on a form prescribed by the chief court administrator’s office;

2. a request for the restoration of a birth name or former name, if desired by either party;

3. a certification attested to by the parties, under oath, that (a) they agree to proceed by consent and waive service of process; (b) neither party is acting under duress or coercion; and (c) each party is waiving any right to a trial, alimony, spousal support, or an appeal; and

4. a settlement agreement, if the parties wish to have one incorporated in the divorce decree.

Revocation

Either party may revoke a non-adversarial divorce action by filing a notice of revocation with the court clerk at any time before the court enters the divorce decree. The revoking party must notify the other party by first-class mail, postage prepaid, at the other party’s residential address provided on the joint petition. Under the bill, the filing of a revocation notice terminates the non-adversarial divorce action.

If a party files a revocation notice, the action must be placed on the Superior Court’s regular family docket and the provisions that govern divorce under existing law apply, except for service of process and complaint filing requirements. The bill prohibits the court from imposing new filing fees.

Decree of Dissolution Without a Hearing

All non-adversarial dissolution actions must be assigned a disposition date at least 30 days after the petition filing date. The required 90-day waiting period under existing law for divorce actions on the Superior Court’s regular family docket does not apply to non-adversarial divorce actions.

If a notice of revocation has not been filed and the parties have not been otherwise notified, the court may enter a divorce decree without a hearing. It may do so on the disposition date, or within five days after the disposition date, if it finds that (1) the required conditions exist and (2) any settlement agreement is fair and equitable (see below). If the court enters a divorce decree without a hearing, the clerk must send a notice to each party at the residential addresses provided on the joint petition.

Under the bill, such a divorce decree gives the parties the status of unmarried persons and they may marry again. The divorce decree is a final adjudication of the parties’ rights and obligations with respect to their marriage and property rights.

The bill does not prohibit either party from initiating an action to set aside the final judgment for fraud, duress, accident, mistake, or other legal or equitable grounds.

Court’s Review of the Joint Petition and Supporting Documents

If, after review of the joint petition, the court does not enter a divorce decree, the matter must be placed on the docket on a date within 30 days after the assigned disposition date and the court must require the parties to appear in court in order for the court to determine whether (1) the conditions and other criteria for a non-adversarial dissolution of marriage have been met and (2) a divorce decree may be entered. If the court does not enter the decree of dissolution of marriage, it may terminate the non-adversarial dissolution action and place the matter on the Superior Court’s regular family docket.

Settlement Agreement

If the parties wish to have a settlement agreement incorporated in the non-adversarial divorce decree, they must submit it to the court with the joint petition. Each party must attest, under oath, that the terms of the settlement agreement are fair and equitable. If the court finds that the settlement agreement is fair and equitable, the court must incorporate the agreement by reference in the decree.

Court Cannot Make a Determination.

If after review the court cannot determine whether the settlement agreement is fair and equitable, the matter must be placed on the docket on a date within 30 days after the assigned disposition date and the court must order the parties to appear in court on that date.

Court Finds Agreement is Not Fair and Equitable on its Face. If the court cannot determine the agreement to be fair and equitable, it may terminate the non-adversarial divorce action and place the matter on the Superior Court’s regular family docket.

DIVORCE OR LEGAL SEPARATION WAITING PERIOD WAIVER

The bill allows the court, on request and under certain circumstances, to waive the waiting periods prescribed under existing law for divorce or legal separation actions on the Superior Court’s regular family docket. The court may do this for parties who (1) file a motion requesting such a waiver; (2) attest, under oath, that they have an agreement on the terms of the divorce or legal separation; and (3) wish the court to enter a divorce decree or legal separation before the waiting periods expire.

Under existing law, parties to such actions must wait 90 days before the court may issue an order, but a longer period may apply if a party requests conciliation, a party fails to attend a requested conciliation, or a cross or amended complaint is filed.

For a free consultation, please do not hesitate to call the experienced family law and divorce attorneys at Maya Murphy, P.C. in Westport, CT at 203-221-3100. We may also be reached for inquiries by email at JMaya@mayalaw.com.

Source: Connecticut Judicial Branch Law Library