How to Fill Out CERTIFICATION OF WAIVER OF SERVICE OF PROCESS - DIVORCE, LEGAL SEPARATION, ANNULMENT (JD-FM-249)

The CERTIFICATION OF WAIVER OF SERVICE OF PROCESS (Form JD-FM-249) is a simple but crucial document used in Connecticut divorce, legal separation, and annulment cases. It is completed and signed by the Defendant (the person responding to the lawsuit) to officially tell the court they are voluntarily giving up their right to be formally 'served' with the initial divorce papers by a state marshal. In Connecticut, a lawsuit legally begins when the Defendant is properly notified. This formal notification, called 'service of process,' typically involves a marshal delivering the Summons, Complaint, and Notice of Automatic Orders in person.

By signing this waiver, you are acknowledging that you have received copies of these documents directly from your spouse (the Plaintiff) and you agree to let the case move forward without the need for a marshal. This is a common and highly recommended step in uncontested or amicable divorces. Using Form JD-FM-249 saves time, eliminates the cost of hiring a marshal (which can be over $100), and signals to the court that both parties are cooperating. It streamlines the beginning of the divorce process, allowing you and your spouse to focus on reaching an agreement rather than on procedural formalities.

Requirements

Before you fill out this form, make sure you have the following information and documents ready. This form is for the Defendant only.

• Copies of the Initial Divorce Papers: The Plaintiff (your spouse) must provide you with copies of the completed Summons (JD-FM-3), Complaint (e.g., JD-FM-159 for Divorce), and Notice of Automatic Orders (JD-FM-158). You must review these documents before signing the waiver.
• Your Full Legal Name: You will need to write your name exactly as it appears on the Complaint.
• Appearance Form (JD-CL-12): This waiver must be filed along with an Appearance form (JD-CL-12). You should have this form ready to complete as well. It officially notifies the court that you are participating in the case.
• Access to a Notary Public: You must sign this form in the presence of a Notary Public or a Commissioner of the Superior Court (usually a court clerk). Do not sign it beforehand.
• Valid Photo Identification: You will need a government-issued photo ID (like a driver's license or passport) to present to the notary.

Step-by-Step Instructions

Waiver of Service

This is the main section of the form where you, the Defendant, formally state that you are waiving your right to formal service of process. You are confirming you have received the initial court papers and agree the case can proceed.

Defendant Name: In the first blank space, print your full legal name. Make sure it matches the name listed for the Defendant on the Complaint form (JD-FM-159) that your spouse provided. Example: If your name is Jane Ann Doe, you would write 'Jane Ann Doe'.

Defendant's Signature: Sign your name on this line. You must do this in the physical presence of a Notary Public or a court clerk. Do not sign this form ahead of time. ⚠️ Signing this document without being in front of a notary will make it invalid. The notary must witness your signature.

Printed Name: Clearly print your full legal name on this line. This should be the same name you wrote in the first blank. Example: Jane Ann Doe

Date of Signature: Write the full date (month, day, and year) that you are signing the form in front of the notary. Example: October 26, 2023

Notarization

This section, located below your signature, must be completed and signed by a licensed Notary Public or a Commissioner of the Superior Court (like a court clerk). You do not write anything in this section yourself; the notary will fill it out after verifying your identity and witnessing your signature.

County of Notarization: The notary will write the name of the Connecticut county where the notarization is taking place (e.g., Hartford, New Haven, Fairfield). Example: Fairfield ⚠️ This section is for the notary to complete, not you.

Date of Notarization: The notary will fill in the current day, month, and year. ⚠️ This section is for the notary to complete, not you.

Name of Person Appearing: The notary will write in your name, confirming that you appeared before them in person to sign the document. Example: Jane Ann Doe ⚠️ This section is for the notary to complete, not you.

Notary Signature and Seal: The notary will sign their name and affix their official stamp or seal. This certifies that the document was properly executed. ⚠️ This section is for the notary to complete, not you.

Notary Commission Expiration Date: If the person is a Notary Public, they will write the date their commission expires. ⚠️ This section is for the notary to complete, not you.

Common Mistakes to Avoid

1. Signing Before Seeing a Notary: The most common error is signing the form at home and then taking it to a notary. The notary must witness you signing the document. If you sign it beforehand, you will have to fill out a new form and sign it again in their presence.
2. Forgetting to File the Appearance Form (JD-CL-12): The waiver is not effective on its own. The instructions on both page 1 and page 2 of the form clearly state that you must also file an Appearance (JD-CL-12). Forgetting this step can delay your case.
3. Defendant Filling Out the Notary Section: The entire notarization block is to be completed only by the authorized official (notary or clerk). Do not write anything in that area.
4. Not Reviewing the Complaint First: Signing this waiver means you accept receipt of the Complaint. You should never sign it without first reading the Complaint to understand what your spouse is asking for in the divorce.
5. Plaintiff Signing the Form: This form is exclusively for the Defendant. The Plaintiff does not sign this document.

Frequently Asked Questions

Does signing the Waiver of Service mean I agree with everything my spouse is asking for in the divorce? No, absolutely not. Signing this form only means you are agreeing to two things: 1) You have received a copy of the initial divorce papers, and 2) You give up your right to have a state marshal formally serve them to you. It does not mean you agree with the terms of the divorce requested in the Complaint. You still have the full right to negotiate all issues like property division, alimony, and child custody.

Why shouldn't I just wait for the marshal to serve me? Waiving service is the first step in an amicable, cooperative divorce. It saves money (the Plaintiff must pay the marshal's fee), saves time, and avoids the potentially awkward or stressful experience of being served at home or work. It shows the court that you and your spouse are able to work together.

What happens if I refuse to sign the waiver? If you don't sign the waiver, the Plaintiff has no choice but to hire a state marshal to find you and personally deliver the court documents. The divorce cannot move forward until service is completed. Refusing to sign simply adds an unnecessary, costly, and potentially confrontational step to the process.

Who is the 'Defendant' and who is the 'Plaintiff'? The 'Plaintiff' is the spouse who initiates the divorce by preparing and filing the first set of court documents. The 'Defendant' is the other spouse, who responds to the lawsuit. This waiver form is only for the Defendant to sign.

I've already been served by a marshal. Do I still need to file this form? No. If a marshal has already served you, the 'service of process' is complete. This form is no longer necessary. You would simply file your Appearance form (JD-CL-12) to notify the court you are participating in the case.

Next Steps

After you have signed the JD-FM-249 in front of a notary, your work with this specific form is done. The next steps involve getting it to the court:

1. Give the Form to the Plaintiff: Give the original, signed, and notarized waiver form to your spouse (the Plaintiff) or their attorney.
2. Plaintiff Files the Complete Packet: The Plaintiff is responsible for filing the initial divorce packet with the Superior Court clerk. This packet will include your signed Waiver of Service (JD-FM-249), your signed Appearance form (JD-CL-12), the original Summons (JD-FM-3), the Complaint (JD-FM-159), the Notice of Automatic Orders (JD-FM-158), and the court filing fee.
3. Case Officially Begins: Once the clerk accepts this packet, your divorce case is officially started. The 90-day mandatory waiting period required by Connecticut law begins from the 'Return Date' listed on the Summons.
4. Proceed with the Divorce: Your case is now considered 'uncontested' from a procedural standpoint. You and your spouse can now work on negotiating a final settlement agreement (Dissolution Agreement, Form JD-FM-172) to present to the judge for approval.