HB 5211 — AN ACT CONCERNING JUDICIAL PROCEDURES RELATING TO INITIATION OF AN ACTION FOR DISSOLUTION OF MARRIAGE, DISSOLUTION OF CIVIL UNION OR LEGAL SEPARATION.

AN ACT CONCERNING JUDICIAL PROCEDURES RELATING TO INITIATION OF AN ACTION FOR DISSOLUTION OF MARRIAGE, DISSOLUTION OF A CIVIL UNION OR LEGAL SEPARATION.

General Assembly   RaisedSubstitute Bill No.

5211 February Session, 2018   LCO*_____HB05211JUD___032918____* No.AN ACT CONCERNING JUDICIAL PROCEDURES RELATING TO INITIATION OF AN ACTION FOR DISSOLUTION OF MARRIAGE, DISSOLUTION OF CIVIL UNION OR LEGAL SEPARATION.

1219   *01219_______JUD* Referred to Committee on JUDICIARY   Introduced by:

  (JUD)   AN ACT CONCERNING JUDICIAL PROCEDURES RELATING TO INITIATION OF AN ACTION FOR DISSOLUTION OF MARRIAGE, DISSOLUTION OF A CIVIL UNION OR LEGAL SEPARATION.

(a) A proceeding for an annulment, a dissolution of a[a] marriage or civil union or a legal separation shall be commenced by the service and filing of a complaint as in all other civil actions in the Superior Court for the judicial district in which one of the parties resides.

(b) If the parties attest, under oath, that they have an agreement as to all terms of the dissolution of marriage or a civil union or aof the legal separation and wish the court to enter a decree of dissolution of marriage or a civil union or of legal separation prior to the expiration of the time periods set forth in subsection (a) of this section, and file a motion seeking the waiver of said time periods, the court may waive the provisions of subsection (a) of this section.

(c) (1) If the defendant has not appeared, the plaintiff may file a motion, no sooner than thirty days after the day on which the complaint for dissolution of marriage or civil union or for legal separation is made returnable, seeking a waiver of the time periods set forth in subsection (a) of this section.

At such hearing, the court, in its discretion, may grant the motion to waive the time periods set forth in subsection (a) of this section and may further enter a decree of dissolution of marriage or civil union or of legal separation at such hearing, provided all other applicable requirements of this chapter are met.

The court may further enter a decree of dissolution of marriage or civil union or of legal separation without a hearing, provided the court shall not enter any order other than a dissolution of marriage or a civil union or a legal separation, and, if the plaintiff requests, an order restoring his or her birth name or former name, without a hearing.

(b) In addition to the provisions of subsection (a) of this section, any judgment rendered or decree passed in an action for dissolution of marriage or civil union or for legal separation in which the waiting period was waived pursuant to subsection (c) of section 46b-67, as amended by this act, may be set aside at any time and the case reinstated to the docket upon a showing of material misrepresentation in the affidavit of the plaintiff filed pursuant to said subsection.

3 October 1, 2018 52-212 Statement of Purpose:Legislative Commissioners:

To:In Section 2(b), the "a" before "civil union" was deleted and the "a" before "legal separation" was changed to "of the" for internal consistency in the subsection.

(1)JUD RequireJoint thatFavorable whenSubst. a plaintiff initiates an action for dissolution of marriage, dissolution of civil union or legal separation, the documents served on the defendant include a blank appearance form along with the summons and complaint;

and-LCO (2)  expand the option of waiving the ninety-day waiting period in dissolution and legal separation cases, under certain circumstances, when the defendant does not appear.

[Proposed deletions are enclosed in brackets.

Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]