How to Fill Out Summons Family Actions (JD-FM-003)

The Summons Family Actions (JD-FM-003) is one of the first and most critical documents you will file to start a divorce, legal separation, or annulment in Connecticut. This form acts as the official notice to your spouse (the Defendant) that you (the Plaintiff) have initiated a legal action against them. It legally 'summons' them to respond to the lawsuit. The form commands a Connecticut State Marshal to deliver the divorce papers, officially known as 'service of process,' to your spouse. Without a properly completed and served Summons, the court does not have jurisdiction over your spouse, and your case cannot move forward.

This one-page form is filed together with your Divorce Complaint (JD-FM-159) and the Notice of Automatic Court Orders (JD-FM-158). It provides the court with essential information about the case, including the names and addresses of both parties, the court location, and the type of action being filed. It also contains your formal Appearance,' which tells the court you are representing yourself. The Summons sets a 'Return Date,' which is a crucial legal deadline that officially puts your case on the court's calendar. Understanding and correctly filling out this form is a fundamental first step in the Connecticut divorce process.

Requirements

Before you begin filling out the Summons, gather the following information and documents. Having everything ready will make the process smoother and help prevent errors.

• Your Completed Divorce Complaint (Form JD-FM-159): The Summons is attached to the Complaint, so you should have the Complaint filled out first.
• Notice of Automatic Court Orders (Form JD-FM-158): You will need a copy of this form, which outlines the automatic restraining orders that go into effect when a divorce is filed.
• Blank Appearance Form (JD-CL-12): A blank copy of this form must be served on your spouse along with the Summons and Complaint.
• Full Legal Names: Your full legal name and your spouse's full legal name (Last, First, Middle Initial).
• Current Addresses: Your complete current mailing address and your spouse's last known address for service.
• Court Information: The name of the Judicial District and the specific court (town) where you will be filing. You generally file in the Judicial District where you or your spouse lives.
• A Return Date: This is a specific date you choose. It must be a Tuesday. When you give the papers to the State Marshal for service, you must file them back with the court at least six (6) days before this Return Date. It's wise to choose a Return Date that is 4-6 weeks in the future to allow the marshal enough time for service.
• A Valid Email Address: The Connecticut courts use email for official notices and scheduling. If you don't want to use your personal email, you can create a new one specifically for your case.

Step-by-Step Instructions

Court and Case Information

This section at the top of the form identifies the specific court handling your case, sets a critical legal deadline (the Return Date), and specifies the type of family action you are filing.

Judicial District of: Enter the name of the Connecticut Judicial District where you are filing your case. This is typically based on the town where you or your spouse resides. For example, 'Hartford' or 'New Haven'. Example: Stamford/Norwalk ⚠️ Filing in the wrong Judicial District can cause significant delays or lead to the dismissal of your case. Verify the correct district on the Connecticut Judicial Branch website.

At (Town): Enter the town where the specific courthouse is located within the Judicial District. Example: Stamford

Address of Court (Number, street, city): Write the full street address of the courthouse where you are filing. Example: 123 Main Street, Stamford

Return date (Month, day, year): Enter the Return Date you have chosen. This date MUST be a Tuesday. It is not a day you go to court; it is the date your case is officially entered into the court's system. Choose a date at least 4-6 weeks in the future to give the State Marshal ample time to serve the papers and for you to file them with the court at least 6 days before this date. Example: October 22, 2024 ⚠️ An incorrect Return Date is a common and serious error. Do not leave this blank. Always choose a Tuesday that is far enough in the future.

Case type: Minor (Select Below): Check the box that corresponds to the legal action you are taking. For a divorce, you will check the first box. Example: Check the box next to '00 Dissolution of Marriage'. ⚠️ Ensure you check the correct box. 'Dissolution of Marriage' is the legal term for divorce in Connecticut.

Party Information

This section identifies the two parties in the lawsuit: the Plaintiff (you) and the Defendant (your spouse). Accuracy is essential.

Plaintiff's name (Last, first, middle initial): Enter your full legal name. You are the Plaintiff, the person starting the divorce action. Example: Smith, Jane A.

Plaintiff's address (Number, street, town, zip code): Enter your complete current mailing address. The court will use this address to send you documents. Example: 456 Oak Avenue, Anytown, 06123

Defendant's name (Last, first, middle initial): Enter your spouse's full legal name. Your spouse is the Defendant. Example: Doe, John B.

Defendant's address (If known) (Number, street, town, zip code): Enter the full address where your spouse can be found by the State Marshal for service of the divorce papers. This should be their residential address (abode service) or work address (personal service). Example: 789 Pine Street, Othertown, 06456 ⚠️ A correct address is crucial for proper legal service. If the marshal cannot find your spouse at the address provided, your case will be delayed. If you do not know their address, you may need to ask the court for permission to serve them in a different way, such as by publication.

For The Plaintiff (Appearance)

This section serves as your official 'Appearance' in the case. By filling this out, you are telling the court that you are representing yourself (also known as 'pro se') and providing your contact information for all case-related communications.

Please enter the appearance of:: Enter your own full name here. You are entering an appearance for yourself. Example: Jane A. Smith

Mailing address (Number, street, town, zip code): Enter your complete mailing address again. This must match the Plaintiff's address you provided earlier. Example: 456 Oak Avenue, Anytown, 06123

E-mail address: Enter a valid email address that you check regularly. The court will use this for important and time-sensitive information. If you don't have one or don't want to use your personal one, you can write 'No e-mail address available' or create a new account for this case. Example: jane.smith.case@email.com

Telephone number (Area code first): Enter your primary telephone number, including the area code. Example: 860-555-1234

The attorney or law firm appearing for the plaintiff, or the plaintiff if self-represented, agrees to accept papers (service) electronically in this case.: Check 'Yes' if you agree to receive legal documents from your spouse or their attorney via email. This is standard practice and is required for attorneys. Checking 'Yes' can make the process more efficient. Example: Check 'Yes'

Signed (Plaintiff, if self-represented party, or attorney for plaintiff): Sign your name here. Example: [Your Signature]

Date signed: Enter the date you signed the form. Example: September 10, 2024

Certification

This is your final certification before taking the form to the court clerk. By signing, you are confirming that you have read and understood the clerk's role as explained on the form.

I certify I have read and understand the above. Signed (Plaintiff, if self-represented party): Sign your name on this line to certify that you understand the information provided in the section 'If this summons is signed by a clerk'. This section clarifies that the clerk cannot give legal advice. Example: [Your Signature]

Date signed: Enter the date you are signing the certification. Example: September 10, 2024

Common Mistakes to Avoid

1. Choosing an Invalid Return Date: The Return Date must be a Tuesday and must be far enough in the future to allow for service and filing (at least 6 days prior). Choosing a Monday or a date too soon is a frequent error.
2. Forgetting the Clerk's Signature: You must take the completed Summons to the court clerk to be signed before you give it to the State Marshal for service. A Summons without a clerk's signature is invalid.
3. Filing in the Wrong Court: Filing in the incorrect Judicial District can get your case dismissed. Always verify the proper venue based on where you and your spouse live.
4. Incomplete Packet for the Marshal: Forgetting to include the Complaint (JD-FM-159), Notice of Automatic Orders (JD-FM-158), or a blank Appearance form (JD-CL-12) with the Summons for service will result in improper service.
5. Signing in the Wrong Place: Do not sign in the box reserved for the 'Comm. of Superior Court or Ass't Clerk'. This will invalidate the form. You only sign in the 'For The Plaintiff' and 'Certification' sections.
6. Using an Old Version of the Form: Court forms are updated periodically. Always download the latest version from the Connecticut Judicial Branch website to avoid having your filing rejected.

Frequently Asked Questions

What is a 'Return Date' and why is it so important? A Return Date is a legal deadline, not a court hearing date. It must be a Tuesday. It's the date the court officially recognizes your lawsuit. The most important rule is that you must have the papers served and then file them back with the court at least six days before the Return Date. Choosing a date too soon can make it impossible to meet this deadline, forcing you to start over.

Who is a 'Proper Officer'? In Connecticut, a 'Proper Officer' for serving divorce papers is a State Marshal. You cannot serve the papers yourself, nor can a friend or private investigator. You must find and hire a marshal authorized to serve process in the town where your spouse will be served. A list of State Marshals is available on the State of Connecticut's website.

Do I get the clerk to sign the Summons before or after the marshal serves it? Before. The process is: 1) You fill out the Summons. 2) The court clerk signs it. 3) The State Marshal serves the clerk-signed Summons on your spouse. A marshal cannot serve a Summons that has not been signed by a court clerk.

What if I don't know my spouse's current address? You must provide an address where the marshal can physically hand the papers to your spouse or leave them at their residence ('abode service'). If you genuinely cannot locate your spouse, you cannot proceed with standard service. You will need to file a motion with the court asking for permission to use an alternative method, such as service by publication in a newspaper. This process is more complex, and you may want to consult with an attorney.

Why do I have to provide an email address? The Connecticut Judicial Branch relies heavily on email for official communication, including sending notices, scheduling remote hearings, and other time-sensitive information. Providing an email ensures you receive these communications promptly. If you are concerned about privacy, you can create a new email account solely for your court case.

Next Steps

After you have completely filled out the Summons (JD-FM-003), your work is not done. This form is part of a packet that must be handled in a specific order:

1. Assemble the Originals: Gather your original, signed Summons (JD-FM-003), your original, signed Complaint (JD-FM-159), one copy of the Notice of Automatic Court Orders (JD-FM-158), and one blank Appearance form (JD-CL-12).
2. Make Copies: Make at least two complete copies of this entire packet.
3. Get the Clerk's Signature: Take the original Summons to the Superior Court clerk's office. The clerk will sign and date the Summons in the designated box. This officially 'issues' the Summons.
4. Hire a State Marshal: You must hire a Connecticut State Marshal to serve the papers on your spouse. You cannot serve the papers yourself. You will provide the marshal with the original, clerk-signed packet and at least one copy.
5. Service of Process: The marshal will serve the papers on your spouse (the Defendant) and will fill out a 'Return of Service' document detailing when and how they did it. The marshal will then return all the original documents to you.
6. File with the Court: You must take the original Summons, original Complaint, and the marshal's original Return of Service and file them with the court clerk. This step, known as the 'file-return,' MUST be completed at least six (6) days before the Return Date you listed on the Summons. You will also pay the court filing fee at this time. Your case is now officially started.