In Dissolution Matter, Trial Court Orders Amended Complaint After Third-Party Intervenes
by
Joseph C. Maya on Mar. 28, 2024
Summary: In a divorce action, the Superior Court of Connecticut, Judicial District of Stamford-Norwalk at Stamford considered a third-party defendant’s motion for order regarding the status of pleadings in a marriage dissolution action.
The plaintiff and defendant were undergoing dissolution of their marriage, and both filed bankruptcy petitions. As such, a third-party defendant, the trustee of the plaintiff’s bankruptcy estate (hereinafter Trustee), filed a motion for order regarding the status of the pleadings in this matrimonial matter. As the court noted, the Trustee was understandably concerned about protecting the assets of the bankruptcy estate, which included whether state trial court orders would interfere with management of the estate, as well as the possibility of asset disclosures previously unknown to the Trustee.
In his motion, the Trustee asked that the plaintiff be required to amend her complaint, and he provided allegations containing uncontested facts. However, the plaintiff opposed these suggestions, arguing that the order conflicted with pleading statutes in family matters, the necessary party statutes, and the scope of relief usually granted in family cases. The defendant supported the Trustee’s motion.
The court noted that because trial courts regularly order plaintiffs to amend their complaints when a third party intervenes in a matter, the Trustee did not have to file his request. Because such an exercise on part of the court did not contravene the General Statutes cited by the plaintiff, the court exerted its authority to directly order the plaintiff to file an amended complaint, which included the suggestions from the Trustee.
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