Key information about the Notice of Automatic Court Orders (JD-FM-158)

Overview

The Notice of Automatic Court Orders (JD-FM-158) is a critical document in any Connecticut divorce, legal separation, or custody case. It is not a form you fill out, but rather a legal notice that you must read, understand, and obey. When a family law case begins, these 'automatic orders' are immediately put in place by the court to maintain the status quo and prevent either party from making significant changes to finances or the children's lives. The goal is to create a stable environment while the case is pending.

These orders become effective for the plaintiff (the person filing the case) as soon as they sign the complaint, and for the defendant (the person responding) as soon as they are served with the lawsuit papers. The JD-FM-158 is served on the defendant along with the Summons and Complaint. It covers a wide range of topics, including preventing the sale of assets, changing insurance beneficiaries, incurring new debt, and removing children from the state.

Understanding and complying with these orders is mandatory. Violating them can lead to serious legal consequences, including being held in contempt of court, which can result in fines or even jail time. This document ensures that the marital estate is preserved and the children's well-being is protected until the judge can make final decisions or the parties reach an agreement.

Requirements

Since the Notice of Automatic Court Orders (JD-FM-158) is a notice and not a form to be completed, you don't need documents to fill it out. Instead, you need to gather information to ensure you can comply with the orders. You should have a clear understanding of your current situation, which you are now legally required to maintain.

Information you should have on hand includes:

• Financial Records: A complete list of all assets and debts, both joint and individual. This includes bank accounts, investment accounts, retirement accounts (401ks, IRAs), real estate, and vehicles.
• Account Statements: Recent statements for all bank, credit card, and investment accounts to establish their current balances and status.
• Insurance Policies: Details for all insurance policies, including medical, dental, vision, life, auto, and homeowners/renters insurance. Know who is covered and who the beneficiaries are.
• Children's Information: A clear understanding of the children's current routines, school enrollment, and healthcare providers.
• Your Case's Return Date: This crucial date, found on the Summons (JD-FM-003), dictates the deadlines for many actions, including exchanging financial affidavits.

Step-by-Step Instructions

Understanding the Notices to Plaintiff and Defendant

This initial section of the form provides critical instructions and deadlines for both the person starting the case (Plaintiff) and the person responding (Defendant). While there are no fields to fill in, understanding this part is the first step to navigating your case correctly.

Attachment Requirement

If you are the Plaintiff, you or your attorney must attach this Notice of Automatic Court Orders (JD-FM-158) to your initial filing documents. This includes the Divorce Complaint (JD-FM-159), Custody Application (JD-FM-161), or other similar complaints. This ensures the Defendant is officially notified of the orders they must follow.

Warning: Failure to properly serve this notice along with the complaint can cause delays in your case.

Requirement to File an Appearance (JD-CL-12)

If you are the Defendant, this section is a critical warning. You must formally notify the court that you are participating in the case by filing an 'Appearance' form (JD-CL-12). The deadline to file is typically 30 days after the 'return date' listed on your summons. The return date itself is usually 2-3 weeks after you are served.

Example: If your return date is October 15, you must file your Appearance form by November 14.

Warning: If you fail to file an Appearance form by the deadline, the court can enter a 'default judgment' against you. This means the judge can grant the Plaintiff everything they asked for in the complaint without your input.

Tips:

• The 'return date' is not a date you go to court. It is a legal deadline that starts the clock for many other deadlines in your case.
• Both parties are bound by these automatic orders. The Plaintiff is bound upon signing the complaint; the Defendant is bound upon being served.

Orders for Cases Involving Children

This section outlines the rules that apply specifically to cases where you and the other party have minor children together. These orders are designed to protect the children's stability and well-being during the legal proceedings.

(1) Neither party shall permanently remove the minor child or children from the state of Connecticut...

You cannot move out of Connecticut with your children permanently unless you have a signed written agreement from the other parent or a specific court order allowing you to do so. This prevents one parent from unilaterally relocating the children.

Warning: A short, out-of-state vacation is generally permissible, but a permanent move is strictly forbidden without consent or a court order.

(2) A party vacating the family residence shall notify the other party... within forty-eight hours...

If you move out of the family home, you must provide the other parent (or their attorney) with your new address in writing within 48 hours. This is to ensure communication and mail can be received.

Warning: This rule applies unless a protective or restraining order is in place that would make sharing your address unsafe.

(3) ...they shall assist their children in having contact with both parties...

If you and the other parent are living apart, you both have a duty to help your children maintain their usual contact with the other parent. This includes in-person visits, phone calls, and written communication (texts, emails). You cannot block or interfere with the children's relationship with the other parent.

(4) Neither party shall cause the children... to be removed from any medical, hospital and dental insurance coverage...

You cannot cancel or change the children's existing health, dental, or hospital insurance. Both parents must keep the current coverage in full force and effect.

Warning: Even if you are angry with your spouse, you cannot remove the children from their health insurance plan. Doing so is a direct violation of a court order.

(5) The parties shall participate in the parenting education program within sixty days...

Both parents are required to attend a court-approved parenting education program. You must complete this program within 60 days of the return date. This is a mandatory class designed to help parents focus on their children's needs during a divorce or separation.

Warning: Failure to complete the parenting education program can delay your case and may result in the judge refusing to finalize your divorce.

Tips:

• These orders are meant to create stability for your children. The court's primary concern is the best interest of the child.
• If you have a disagreement about parenting time or contact, do not take matters into your own hands. File a motion with the court to ask for a specific order.

Orders for Cases Involving a Marriage or Civil Union (Financial Orders)

This section details the financial 'rules of the road' that apply during your case. These orders are designed to preserve the marital estate and prevent either party from hiding, selling, or wasting assets.

(1) Neither party shall sell, transfer, exchange, assign, remove, or in any way dispose of... any property...

You cannot sell, give away, or transfer any property without the written consent of your spouse or a court order. There are three exceptions: 1) transactions in the 'usual course of business,' 2) paying for 'customary and usual household expenses,' and 3) paying for 'reasonable attorney's fees' for the case.

Example: You can use the joint checking account to buy groceries or pay the electric bill. You cannot use it to buy a new car or give $5,000 to your sibling.

Warning: The exception for selling securities has very specific rules. If you manage investments, read subparagraphs (A) and (B) carefully before making any trades.

(2) Neither party shall conceal any property.

You must be transparent about all assets. You cannot hide property or money from your spouse or the court.

(3) Neither party shall encumber... any property...

You cannot take out a new loan against any property (like a home equity line of credit or a car title loan) without your spouse's written consent or a court order. To 'encumber' means to place a lien or debt against an asset.

(4) Neither party shall cause any asset... co-owned or held in joint name, to become held in his or her name solely...

You cannot take your spouse's name off of a joint bank account, a car title, or any other jointly held asset without their written consent or a court order.

Warning: This is a very common mistake. Do not close a joint account and move the money to a new account in your name only. This is a direct violation.

(5) Neither party shall incur unreasonable debts hereafter...

You cannot take on unreasonable new debt. This includes running up credit cards, taking out large personal loans, or borrowing against a retirement plan for non-essential purposes.

Warning: What is 'unreasonable' can be subjective, but a judge will look at whether the spending was for a necessary living expense or something extravagant.

(6) Neither party shall cause the other party to be removed from any medical, hospital and dental insurance coverage...

You cannot remove your spouse from your health, dental, or hospital insurance plan during the case. You must maintain their existing coverage.

(7) Neither party shall change the beneficiaries of any existing life insurance policies...

You cannot change the beneficiary on any life insurance policy. You must also maintain all existing insurance policies, including life, auto, and homeowners/renters insurance, keeping them in full force.

Warning: Changing a life insurance beneficiary from your spouse to someone else is a common and serious violation of this order.

(8) ...neither party may deny the other party use of the current primary residence... without order of a judicial authority.

If you are living together when the case is filed, you cannot lock your spouse out of the family home or deny them access without a court order (such as an order for exclusive possession or a restraining order).

Tips:

• When in doubt, get it in writing. If you and your spouse agree on a financial action that would otherwise be forbidden (e.g., selling a car), write up a simple agreement and both sign it.
• Keep good records of your spending to show that it was for 'customary and usual' expenses.

Orders Applicable in All Cases

This final order applies to every single divorce, legal separation, and custody case in Connecticut.

The parties shall each complete and exchange sworn financial statements... within thirty days of the return day.

Both you and the other party must fill out, sign (under oath), and exchange a Financial Affidavit (Form JD-FM-006-LONG or JD-FM-006-SHORT). This form provides a complete picture of your income, expenses, assets, and debts. This must be done within 30 days of the return date.

Warning: This is a hard deadline and one of the most important first steps in your case. Failure to exchange your financial affidavit on time can result in sanctions from the court.

Tips:

• Start gathering the documents for your financial affidavit early. You will need pay stubs, tax returns, bank statements, and more.
• Be completely honest and thorough on your financial affidavit. Hiding assets or misstating income can have severe consequences.

Common Mistakes to Avoid

• Changing Beneficiaries: A frequent error is removing a spouse as the beneficiary on a life insurance or retirement account. This is strictly prohibited.
• Closing Joint Accounts: People often close a joint bank account and transfer the funds to a new, individual account. This violates the order against changing the title of assets.
• Running Up Credit Card Debt: Using credit cards for large, non-essential purchases or vacations is considered incurring 'unreasonable debt' and is a violation.
• Forgetting to Notify of a Move: A party moves out of the family home but forgets to provide their new address to the other party in writing within 48 hours.
• Missing the Parenting Class Deadline: Parties often procrastinate and miss the 60-day deadline to complete the mandatory parenting education program, which can delay the finalization of their case.
• Missing the Financial Affidavit Deadline: Failing to exchange sworn financial affidavits within 30 days of the return date is a serious misstep that can anger the judge and harm your credibility.
• Stopping Insurance Coverage: Canceling a spouse's or child's health insurance, or letting an auto or home policy lapse, is a direct violation of the orders.
• Ignoring the Orders: The biggest mistake is not reading the JD-FM-158 carefully and assuming you can do whatever you want until a judge says otherwise. These orders are effective immediately.

Related Forms

Divorce Complaint

The JD-FM-158 is served along with the Complaint when you start the divorce case. Both forms must be delivered to your spouse together.

Learn more about Divorce Complaint

Appearance

Your spouse will receive a blank copy of this form with the Notice of Automatic Orders. They must file it if they want to participate in the case.

Learn more about Appearance

Financial Affidavit

The automatic orders prevent major financial changes while both parties prepare their Financial Affidavits, which detail all income, expenses, assets, and debts.

Learn more about Financial Affidavit

Summons Family Actions

The Summons and Notice of Automatic Orders are both served on your spouse at the same time to officially start the case and inform them of the restrictions.

Learn more about Summons Family Actions

Next Steps

After receiving and reading the Notice of Automatic Court Orders, your next steps depend on whether you are the Plaintiff or Defendant.

For the Plaintiff:

1. Proper Service: Ensure the State Marshal properly serves the Summons, Complaint, and this Notice of Automatic Court Orders on the Defendant.
2. Compliance: Begin complying with all orders immediately.
3. Financial Affidavit: Start preparing your Financial Affidavit (JD-FM-006) to meet the 30-day deadline.
4. Parenting Class: If you have children, register for the mandatory parenting education program.

For the Defendant:

1. Read Carefully: Read every order on the JD-FM-158. You are now legally bound by them.
2. File Appearance: Your top priority is to file an Appearance form (JD-CL-12) with the court clerk before the deadline (30 days after the return date).
3. Compliance: Immediately begin complying with all automatic orders.
4. Financial Affidavit: Prepare and exchange your Financial Affidavit with the Plaintiff within 30 days of the return date.
5. Parenting Class: If you have children, register for the mandatory parenting education program.

For Both Parties: If you disagree with an order or believe it is unfair in your situation, do not simply ignore it. You must file a motion with the court, such as a Motion to Modify (JD-FM-174), to ask a judge to change the order. You have a right to a hearing on your request.

Frequently Asked Questions

Do I have to fill out this form?

No, the Notice of Automatic Court Orders (JD-FM-158) is not a form you fill out. It is a legal notice from the court that lists orders you must obey as soon as the case starts. Your only job is to read, understand, and comply with them.

When do these orders take effect?

The orders are effective for the Plaintiff (the person filing) as soon as they sign the complaint. They are effective for the Defendant (the person responding) as soon as they are served with the court papers.

What happens if my spouse violates one of these orders?

If you believe your spouse has violated one of the automatic orders, you can file a 'Motion for Contempt' with the court. The court will hold a hearing, and if the judge finds your spouse willfully violated the order, they can be penalized with fines, be ordered to pay your attorney's fees, or even face jail time.

Can I use our joint checking account to pay my lawyer?

Yes. The form specifically allows for the use of assets to pay for 'reasonable attorney's fees in connection with this action.' This is a specific exception to the general rule against disposing of property.

What if my spouse and I agree to do something that the orders prohibit?

If you both agree to an action that would otherwise violate the orders (for example, selling a joint asset to pay off a debt), you should put your agreement in writing. The document should clearly state what you are agreeing to, and both parties should sign and date it. For significant financial decisions, it is always safest to have your agreement entered as an official court order (a 'stipulation').

What is a 'return date'?

The return date is a specific date listed on the Summons (JD-FM-003). It is not a day you need to appear in court. Instead, it functions as an official start date for the court's timeline. Many important deadlines, like filing an Appearance and exchanging Financial Affidavits, are calculated based on the return date.

Do these orders end when my divorce is final?

Yes. The automatic orders are temporary and are only in effect 'during the pendency of the action' (while the case is ongoing). They are replaced by the permanent orders contained in your final divorce decree or judgment.

Get Help with Your Connecticut Divorce

The Notice of Automatic Court Orders can feel overwhelming, with a long list of rules you suddenly have to follow. Making a mistake, even an unintentional one, can have serious consequences for your case. Untangle can help you make sense of complex legal documents like the JD-FM-158, providing clear explanations and checklists to ensure you remain compliant. By using our tools to track deadlines for your financial affidavit and parenting class, you can navigate the start of your divorce with confidence and avoid common, costly errors.