How To File For Divorce - YouTube

how to file for divorce

deciding to get a divorce can be difficult if you and your spouse are

unable to work out your differences

and have decided to end your marriage divorce is the legal way to do it

talking to a lawyer about your case is a good idea but

if you decide to represent yourself this video gives you information you need to

start your divorce

common words before we get started

here are some common words that you will hear during your case plaintiff

the plaintiff is the person who files for divorce in this video

we are assuming you are the plaintiff defendant the defendant is the person in

the marriage

who is served with divorce papers dissolution

or divorce the legal end of a marriage

docket number: a docket number is an ID number given to your divorce case by the

clerk's office

party the plaintiff or defendant in a divorce case

service or served this is the legal way to give your spouse a copy of the court

papers that your filing

when you file for divorce you'll need to have a state marshal serve the divorce

papers

on your spouse no fault divorce the type of divorce where you do not need to

prove that either spouse cause the marriage to end

custody a court order deciding where a child will live

and how decisions about the child will be made custody may also be called

parenting time

or access visitation a court order that decides where and when

the parent who doesn't have custody may spend time with the children

return date a divorce cannot be final

into a 90-day waiting period has passed the return date is the date when the

90-day waiting period starts

the person who starts the divorce chooses the return date which is always

a Tuesday

you don't have to go to court on the return date unless you get a notice from

the court telling you that you have to be there

case management date this date marks the end of the 90-day waiting period

and is used to set a date for the final divorce hearing

where to get help you can ask for help with court procedures

or filling out forms at the court service center public information desk

clerk's office no one in these offices

can give you legal advice forms

there are three forms that need to be filed

in all divorce cases they are a summons form

a divorce complaint form a notice

of automatic court orders form certain situations

will require additional forms if you have children

you need to file a form called an affidavit concerning children form

this form lists the minor children who are involved in the divorce

and other information the court needs if you or your spouse have

ever receive public assistance you will need to fill out a form called

the certification of public assistance if you need to ask the judge

to put temporary orders in place right away for example

if you need temporary child support or custody orders

you will have to fill out a motion for orders before judgment form

if you do not know your spouse's address

or your spouse lives outside the state of Connecticut there is a form called

motion for order of notice in family cases

and an order of notice form you would fill out the motion

and the court would fill out the order form telling you how to give notice to

your spouse

you can find links to these forms and the judicial branch website

or visit a clerk's office or courts service center

getting started step 1:

fill out your paperwork and file it with the clerk's office

step 2 the clerk's office will sign your forms

and help you pick a return date and the right case management date

to include on your forms the return date is the date

when the 90-day waiting period starts in most cases

you will not have to be in court on this date if your spouse decides to represent him

or herself

he or she must file an appearance form this form is available

at the clerk's office the court service center or on the judicial branch

website

your spouse should file an appearance form on or before the second day

after the return date the case management date

is right after the final day of the 90-day waiting period

you must go to court on your case management date if there are any custody

or visitation issues

in your case or if you have not filed a case management agreement

and some court locations you can get your divorce on that date

if you are ready it is important to note

that if you and your spouse have children under the age of 18

you must complete a parenting education class within 60 days of your return

date

step 3: the clerk will sign your paperwork and give it back to you

the next thing you must do is have a state marshall serve the paperwork on

your spouse

you can get a list of state marshals from the clerk's office

the courts service center or on the judicial branch website

if you apply for a fee waiver the court will review your application

and decide if you have to pay the fees if your application was denied

and you want to ask for a hearing by a judge fill out the request for hearing

section and the fee waiver application

and return it to the clerk's office your next step will be to take the original

paperwork

signed by the Clerk to a state marshal for service on your spouse

you will need to arrange for payment of the fee with the Marshall

if you do not have a signed fee waiver order

serving the papers service is the legal way

to give your spouse a copy of the court papers being filed

it lets your spouse know that court action is being taken

there are three ways a Marshall may served divorce papers

depending on your situation one

the state marshal delivers copies of the paperwork to your spouse

that defendant two if your spouse lives outside of Connecticut

the state marshal will mail your spouse copies of the paperwork

as directed in the order of notice

if you do not know your spouse's address the state marshal will publish a legal

notice in the newspaper

that runs in the area of your spouse's last known address

as directed in the order of notice

filing after the marshal

serves the papers on your spouse you or the state marshal will return the

original paperwork to the clerk's office

along with the written proof from the Marshall that service was made

if you are planning to return the paperwork to the clerk's office yourself you

must do so by the return date

or you will have to start the process over from the beginning

you must pay the filing fee at this time unless the court granted you a fee

waiver

the clerk's office will then assign a docket number to your case

at this point your divorce has officially been filed

we hope this video has been helpful for more information

please visit the court service center public information desk

or clerks office nearest you