How to Fill Out Divorce Complaint (Dissolution of Marriage) (JD-FM-159)

The Divorce Complaint (Dissolution of Marriage), form JD-FM-159, is the foundational legal document used to start a divorce in the State of Connecticut. As the Plaintiff (the person filing for divorce), you use this form to formally ask the Superior Court to end your marriage. It provides the court with essential information about you, your spouse (the Defendant), your marriage, and any children. The Complaint also establishes the court's jurisdiction by confirming you meet Connecticut's residency requirements.

This form is critically important because it sets the stage for your entire divorce case. In it, you will state the legal grounds for the divorce (most commonly, that the marriage has 'broken down irretrievably') and specify the 'relief' you are seeking—that is, what you want the court to order regarding property division, alimony, child custody, and child support. The completed Complaint, along with a Summons (JD-FM-3) and a Notice of Automatic Court Orders (JD-FM-158), is formally 'served' on your spouse, which officially begins the legal process.

Requirements

Before you begin filling out this form, gather the following documents and information to ensure accuracy and avoid delays:

• Personal Information: Your full legal name, birth name, and current address. Your spouse's full legal name, birth name, and current address for service.
• Marriage Certificate: You will need the exact date of your marriage and the town, state, and country where it took place. Having a copy of the certificate is highly recommended.
• Children's Birth Certificates: For any children of the marriage under the age of 23, you will need their full legal names and exact dates of birth.
• Residency History: You must know the dates and details to prove you or your spouse meet Connecticut's residency requirements.
• Public Assistance Records: If you, your spouse, or your children have ever received financial support (cash assistance) or HUSKY Health insurance from the State of Connecticut or financial aid from a Connecticut town, you must have this information ready.
• Prior Court Orders: If there are any existing court orders regarding custody or support for your children, have a copy of that order available.

Step-by-Step Instructions

Case and Party Information (Top of Page 1)

This section identifies the type of filing, the court location, the parties involved, and key dates. It's the first thing the court clerk will review.

Complaint: Complete this form. Attach a completed Summons (JD-FM-3), a Notice of Automatic Court Orders (JD-FM-158) and a blank Appearance (JD-CL-12).: If this is the first time you are filing for this divorce, check the box next to 'Complaint'. Do not check 'Amended Complaint' or 'Cross Complaint' unless you are modifying a previous filing or responding to your spouse's complaint. ⚠️ You must attach the three other forms listed here (Summons, Notice of Automatic Orders, and a blank Appearance) when you file your Complaint.

Judicial District of: Enter the name of the Judicial District where you are filing. This is typically based on the town where you or your spouse lives. You can find the correct Judicial District on the Connecticut Judicial Branch website. Example: Stamford/Norwalk

At (Town): Enter the town where the courthouse is located. Example: Stamford

Return date (Month, day, year): The Return Date is the official start date of your case. It must be a Tuesday. Choose a Tuesday that is at least 12 days after the date you expect the State Marshal to serve the papers on your spouse, but not more than 2 months from the date the Summons is signed by the court clerk. Example: 10/22/2024 ⚠️ Choosing an incorrect Return Date is a common error that can get your case dismissed. Give the State Marshal ample time for service.

Docket number: Leave this field blank. The court clerk will assign a docket number when you file the case.

Plaintiff's name (Last, First, Middle Initial): Enter your full legal name. You are the Plaintiff because you are the one starting the divorce action. Example: Doe, Jane A.

Defendant's name (Last, First, Middle Initial): Enter your spouse's full legal name. Your spouse is the Defendant. Example: Doe, John M.

Marriage, Residency, and Grounds (Page 1, Items 1-6)

This section provides the court with basic facts about your marriage, establishes that you meet the legal requirements to divorce in Connecticut, and states the reason for the divorce.

1. Plaintiff's birth name (If different from above): If your current legal name is different from your name at birth (e.g., you changed your name when you married), enter your full birth name here. Otherwise, leave it blank. Example: Smith, Jane A.

2. Defendant's birth name (If different from above): If your spouse's current legal name is different from their name at birth, enter their full birth name here. Otherwise, leave it blank.

3. a. Date of marriage: Enter the exact date you were legally married. Refer to your marriage certificate for accuracy. Example: 06/15/2010

4. Town and State, or Country where marriage took place: Enter the town, state, and/or country where your marriage ceremony occurred. Example: Hartford, Connecticut

5. ("X" all that apply): You must meet at least one of these conditions to file for divorce in Connecticut. Check the box for the condition that applies, and then check whether it applies to the 'plaintiff' (you) or the 'defendant' (your spouse). The most common option is the first one: one of you has lived in CT for at least 12 months. Example: Check the first box, then check 'plaintiff'. ⚠️ You must be able to prove this residency requirement if challenged. Failure to meet this requirement means the court has no jurisdiction and cannot grant your divorce.

6. A divorce is being sought because: ("X" all that apply): Check the box for 'This marriage has broken down irretrievably.' This is the 'no-fault' ground for divorce in Connecticut and is used in the vast majority of cases. It simply means the marriage is over and cannot be repaired. You do not need to provide a reason or place blame. Example: Check 'This marriage has broken down irretrievably.' ⚠️ The 'Other' option is for 'fault-based' grounds (like adultery or willful desertion) listed in C.G.S. § 46b-40(c). These are complex, require proof, and can make the divorce more contentious. Do not select 'Other' without consulting an attorney.

Children of the Marriage (Page 1, Items 7-10)

This section is for providing information about any children involved. The court needs this information to address custody, parenting plans, and child support. Note that 'children' in Connecticut divorce law often refers to anyone under the age of 23.

7. No children were born to either the plaintiff or defendant after the date of this marriage.: Check this box only if no children were born to you or your spouse since you were married. If you check this, skip to Item 11.

8. There are no children of this marriage under the age of 23.: Check this box if you have children together, but they are all 23 years of age or older. If you check this, skip to Item 11.

9. The following children are either: (a) the biological and/or adoptive children of both of the parties, or (b) have been born to one of the parties on or after the date of the marriage and are claimed to be children of the marriage.: If you and your spouse have biological or adopted children together who are under the age of 23, list them here. Provide each child's full name (First, Middle Initial, Last) and their date of birth (Month, day, year). Example: Child's Name: Doe, Jr., John | Date of birth: 03/20/2012 ⚠️ Be sure to list all children under 23, as the court may need to make orders for college educational support for children between 18 and 23.

10. The following children were born on or after the date of the marriage to the... plaintiff / defendant and are not children of the other party to this marriage.: Use this section if a child was born to either you or your spouse during the marriage, but the other spouse is not the biological parent. Check whether the child was born to the 'plaintiff' or 'defendant' and then list the child's name and date of birth. ⚠️ This situation can create complex legal issues regarding paternity and support. It is highly advisable to seek legal counsel if this applies to you.

Financial Support and Existing Orders (Page 2, Items 11-14)

This section discloses any existing court orders for your children and whether your family has received public assistance. These are critical disclosures that can affect your case and require you to notify government agencies.

11. If there is a court order regarding custody or support for any child listed above, name the child(ren) below and specify the person or agency awarded custody or ordered to pay support:: If a court (like a juvenile court or a court in another state) has already made orders about custody or child support for any of your children listed in Item 9 or 10, you must list that information here. Enter the child's name, who has custody, and who pays support per the order. ⚠️ Failing to disclose a prior court order can have serious consequences. If you have a prior order, you should provide a copy to the court.

12. The... plaintiff / defendant or any of the child(ren) listed above have received from the State of Connecticut: financial support / HUSKY Health Insurance: Indicate if anyone in your immediate family (you, your spouse, or your children) has received financial support (like Temporary Family Assistance) or HUSKY health insurance from the State of Connecticut. Check who received it, and then check 'Yes', 'No', or 'Do not know' for each type of support. Example: Check 'plaintiff' and 'child(ren)', then check 'Yes' for HUSKY Health Insurance. ⚠️ If you check 'Yes' for either financial support or HUSKY, you MUST send a copy of your divorce paperwork to the Assistant Attorney General's office and file a Certification of Notice (form JD-FM-175) with the court to prove you did so. Failure to do this will delay your divorce.

13. The... plaintiff / defendant is pregnant with a child due to be born on (date): If either you or your spouse is currently pregnant, you must disclose it here. Check who is pregnant, enter the expected due date, and identify the other parent of the unborn child. ⚠️ A pregnancy will impact the timing of your divorce and the court's orders for custody and support.

14. The... plaintiff / defendant or any of the child(ren) listed above has received financial support from a city or town in Connecticut.: Indicate if anyone in your family has received financial support from a specific city or town in Connecticut. If yes, check 'Yes' and write the name of the city or town. Example: Check 'Yes' and enter 'City or town: New Haven'. ⚠️ Similar to state assistance, if you check 'Yes', you MUST send a copy of your divorce paperwork to the City/Town Clerk of that municipality and file a Certification of Notice (form JD-FM-175) with the court.

Orders Requested from the Court (Relief) (Page 2)

This is one of the most important sections of the Complaint. Here, you tell the judge exactly what you want the final outcome of the divorce to be. These are your 'prayers for relief.'

The Court is asked to order: ("X" all that apply): Check the box for every order you want the court to consider. It is wise to check any box that might possibly apply to your situation. It is much easier to withdraw a request later than to add one after you've filed.

• A divorce (dissolution of marriage): Always check this.
• A fair division of property and debts: Always check this.
• Alimony: Check this to preserve your right to ask for spousal support, even if you are unsure you want it or will qualify for it.
• Child Support: Check this if you have minor children.
• An order regarding the post-majority educational support: Check this if you have children and want the court to have the ability to order contributions for college expenses.
• Name change to: If you wish to restore your former or birth name, check this and write the full name you want to be known as.
• Regarding Parental Decision-making Responsibility: Check 'Joint legal custody' (most common, means you make major decisions together) or 'Sole custody' (you make major decisions alone). Also check 'A parenting responsibility plan' if you want a detailed plan.
• Regarding Physical Custody: Check who you want the children to have 'Primary residence' with, and check 'Visitation' for the other parent. Also check 'A parenting responsibility plan' for the physical schedule. ⚠️ If you do not check a box (for example, 'Alimony'), you may permanently waive your right to ask for that specific relief later in the case. When in doubt, check the box.

Signature and Certification (Bottom of Page 2)

You must sign the form to certify that the information you provided is true to the best of your knowledge. The second part, 'Certification,' is generally not for the initial filing.

Signature, Print name of person signing, Date signed, Address, Telephone: Sign your name, print your name clearly, and enter the date you signed the form. Provide your current mailing address and a telephone number where you can be reached. ⚠️ Do not sign the form until you have filled it out completely and reviewed it for accuracy. Your signature is a legal oath.

Certification: Leave this entire section blank. This certification is used only when you file an 'Amended Complaint' or a 'Cross Complaint' later in the process to show that you have sent a copy to your spouse or their attorney. It is not for the initial filing that will be served by a State Marshal.

Common Mistakes to Avoid

1. Incorrect Return Date: Choosing a date that is not a Tuesday or not allowing at least 12 days for service by the State Marshal. This can lead to the case being dismissed.
2. Forgetting to Check a Relief Box: Failing to check the box for 'Alimony' or 'Post-majority educational support' can result in waiving your right to ask for it later.
3. Ignoring Public Assistance Notification: Checking 'Yes' for state or town assistance (Items 12 or 14) but failing to notify the Attorney General or Town Clerk. This will halt your case until the proper notice is given and proven to the court with form JD-FM-175.
4. Incomplete Children's Information: Forgetting to list all children under 23, which is necessary for potential college support orders.
5. Failing to Meet Residency Requirements: Filing in Connecticut without meeting one of the residency requirements in Item 5. The court will not have jurisdiction to grant the divorce.
6. Signing in the Wrong Place: The Plaintiff (filer) should only sign in the first signature block. The 'Certification' section at the very bottom is for later filings, not the initial Complaint.

Frequently Asked Questions

What is a 'Return Date' and why does it have to be a Tuesday? The Return Date is the official legal start date of your lawsuit. It's a deadline by which the initial paperwork (the Complaint and the Marshal's Return of Service) should be filed with the court. By Connecticut court rule, all Return Dates for family cases must be a Tuesday.

What does 'marriage has broken down irretrievably' actually mean? This is the legal term for a 'no-fault' divorce. It means that the marriage is over and there is no reasonable prospect of reconciliation. You do not need to prove that anyone was at fault or give a specific reason. This is the ground used in over 99% of Connecticut divorces.

Do I have to ask for alimony if I'm not sure I want it? It is highly recommended that you check the box for 'Alimony' to preserve your right to ask for it. If you don't check the box on the initial Complaint, it is very difficult, and sometimes impossible, to request it later. Checking the box does not obligate you to receive it; it just keeps the option open for discussion or litigation.

What if my spouse lives in another state? You can still file for divorce in Connecticut as long as YOU meet the residency requirements (e.g., you have lived in CT for the last 12 months). You will need to arrange for a State Marshal or an authorized process server in your spouse's state to serve them with the divorce papers, which can be more complex and costly.

What are the 'Automatic Court Orders' that are served with this Complaint? The Automatic Court Orders (form JD-FM-158) are a set of financial restraining orders that apply to both you and your spouse as soon as the divorce is filed and served. They prevent either party from selling or hiding assets, taking on new debt, removing the other spouse from insurance policies, or moving the children out of state without permission. They are designed to keep the financial situation stable while the divorce is pending.

Next Steps

After you have completely filled out your Divorce Complaint (JD-FM-159), follow these steps:

1. Prepare Your Filing Packet: Gather the original and at least two copies of your completed Complaint (JD-FM-159), a completed Summons (JD-FM-3), and the Notice of Automatic Court Orders (JD-FM-158). Also have a blank Appearance form (JD-CL-12).
2. Go to the Court Clerk's Office: Take your packet to the Superior Court clerk's office for the Judicial District you listed on the form.
3. File the Case: Present the documents to the clerk. The clerk will sign the original Summons, which officially 'issues process'. You will pay the required court filing fee (or submit an approved Application for Waiver of Fees, JD-FM-75).
4. Hire a State Marshal: You must hire a State Marshal to 'serve' the papers on your spouse. You cannot serve the papers yourself. Provide the Marshal with the signed Summons and copies of the Complaint, Notice of Automatic Orders, and the blank Appearance form.
5. Wait for Service: The Marshal will personally deliver the documents to your spouse. After service is complete, the Marshal will file a 'Return of Service' document with the court, confirming the date and time your spouse was served.
6. Case Begins: Once the Return of Service is filed, your divorce case is officially underway. Your spouse will have a deadline to file their Appearance form with the court.