More Categories

Section 46b-45 – (Formerly Sec. 46-36). Service and filing of complaint and appearance. Waiver of service

May 15, 2021 | Connecticut, Family Law

(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.

Conn. Gen. Stat. ยง 46b-45

(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.)

Amended by P.A. 18-0014, S. 1 of the Connecticut Acts of the 2018 Regular Session, eff. 10/1/2018.
Amended by P.A. 17-0047, S. 3 of the Connecticut Acts of the 2017 Regular Session, eff. 10/1/2017.

Annotations to former section 46-36: Cited. 173 C. 161. Cited. 31 CS 188. Annotations to present section: Cited. 181 Conn. 225; 185 C. 249; Id., 491; 208 Conn. 329; 224 Conn. 749. Cited. 35 CA 449.

See Sec. 46b-10 re reconciliation attempts ordered by court in action for dissolution of marriage, legal separation or annulment.