§ 46b-44a — Filing of joint petition for nonadversarial dissolution of marriage. Procedure.

Connecticut § 46b-44a

• Jurisdiction: Connecticut
• Title 46b: Family Law
• Ch. 815j: Dissolution of Marriage, Legal Separation and Annulment

Text

(a) An action for a nonadversarial dissolution of marriage may be commenced by the filing of a joint petition in the judicial district in which one of the parties resides. The joint petition shall be notarized and contain an attestation, under oath, by each party that the conditions set forth in subsection (b) of this section exist. (b) An action brought pursuant to subsection (a) of this section may proceed if, at the time of the filing of the action, the parties attest, under oath, that the following conditions exist: (1) The marriage has broken down irretrievably; (2) the duration of the marriage does not exceed nine years; (3) neither party to the action is pregnant; (4) no children were born to or adopted by the parties prior to, or during, the marriage; (5) neither party has any interest or title in real property; (6) the total combined fair market value of all property owned by either party, less any amount owed on such property, is less than eighty thousand dollars; (7) neither party has a defined benefit pension plan; (8) neither party has a pending petition for relief under the United States Bankruptcy Code; (9) no other action for dissolution of marriage, civil union, legal separation or annulment is pending in this state or in a foreign jurisdiction, except as provided in subsection (f) of this section; (10) a restraining order, issued pursuant to section 46b-15 , or a protective order, issued pursuant to section 46b-38c , between the parties is not in effect; and (11) the residency provisions of section 46b-44 have been satisfied. After the filing of the joint petition and prior to the court entering a decree of dissolution of marriage pursuant to section 46b-44c , if a change occurs with respect to any of the conditions set forth in this subsection, one or both of the parties shall notify the court forthwith of the changed condition. For the purposes of this subsection, “defined benefit pension plan” means a pension plan in which an employer promises to pay a specified monthly benefit upon an employee's retirement that is predetermined by a formula based on the employee's earnings history and tenure of service. (c) In addition to attesting to the conditions enumerated in subsection (b) of this section, any joint petition filed pursuant to subsection (a) of this section shall also state the date and place of marriage and the current residential address for each party. (d) A joint petition shall be accompanied by financial affidavits completed by each party on a form prescribed by the Office of the Chief Court Administrator, a request for the court to order the restoration of a birth name or former name, if so desired by either party, and a certification attested to by the parties, under oath, that: (1) The parties agree to proceed by consent and waive service of process, except as provided in subsection (g) of this section; (2) neither party is acting under duress or coercion; and (3) each party is waiving any right to a trial, alimony, spousal support or an appeal. (e) If the parties submit a settlement agreement to the court that they are requesting be incorporated into the decree of dissolution, such settlement agreement shall be filed with the joint petition. Each party shall attest, under oath, that the terms of the settlement agreement are fair and equitable. If the court finds that the settlement agreement is fair and equitable, it shall be incorporated by reference into the decree of the court. If the court cannot determine whether such agreement is fair and equitable, the matter shall be docketed for the court's review in accordance with the provisions of section 46b-44d . (f) (1) If after filing an action for dissolution of marriage on the regular family docket, pursuant to section 46b-45 , but prior to the court entering a decree of dissolution of marriage, the parties to such action satisfy all the conditions for a nonadversarial dissolution of marriage as set forth in this section, then such parties may file a joint petition for a nonadversarial dissolution of marriage in the existing dissolution of marriage action pursuant to subsection (a) of this section, except that such joint petition need not include a waiver of service of process. Upon the filing of such joint petition, the original complaint for dissolution of marriage is deemed superseded by operation of law and the action may proceed in the manner set forth in sections 46b-44b to 46b-44d , inclusive. (2) No new filing fee shall be imposed by the court for a joint petition filed pursuant to this subsection.

Legislative History

(P.A. 15-7, S. 1; P.A. 17-47, S. 1; P.A. 18-75, S. 19; P.A. 19-64, S. 2; P.A. 23-46, S. 2.) History: P.A. 17-47 amended Subsec. (b) by replacing “eight years” with “nine years” in Subdiv. (2), replacing “excluding all encumbrances, is less than thirty-five thousand dollars” with “less any amount owed on such property, is less than eighty thousand dollars” in Subdiv. (6), and adding definition of “defined benefit pension plan”; P.A. 18-75 deleted former Subsec. (b)(9) re neither party applying for or receiving benefits pursuant to Title XIX of the Social Security Act and redesignated existing Subsec. (b)(10) to (12) as Subsec. (b)(9) to (11); P.A. 19-64 amended Subsecs. (b)(9) and (d)(1) by adding “, except as provided in subsection (g) of this section” and added Subsec. (g) re filing action for dissolution of marriage on regular family docket that is subsequently superseded by operation of law through filing of joint petition for nonadversarial dissolution of marriage; P.A. 23-46 deleted former Subsec. (f) re provisions of Sec. 46b-67(a) not applying to nonadversarial dissolution action brought under this section, redesignated existing Subsec. (g) as Subsec. (f) and made a conforming change in Subsec. (b)(9).