The firm’s practice of family law is goverened by Automatic Orders which apply and are served with the complaint in every Connecticut action for divorce, custody or visitation.
The following are the actual orders that all parties are subject to in family actions. It is extremely important to read these orders and contact an attorney with any questions. You may be punished by being held in contempt by the Court for any violation of these orders.
NOTICE FOR AUTOMATIC COURT ORDERS
Attach to Divorce (Dissolution of Marriage) Complaint/Cross
Complaint(JD-FM-159), Custody/Visitation Complaint (JD-FM-161), and any
Annulment or Legal Separation Complaint.
The following automatic orders shall apply to both parties, with service of the automatic orders to be made with service of process of a complaint for dissolution of marriage, legal separation, annulment, custody or visitation. An automatic order shall not apply if there is a prior, contradictory court order. The automatic orders shall be effective with regard to the plaintiff upon the signing of the complaint and with regard to the defendant upon service and shall remain in place during the pendency of the action, unless terminated, modified, or amended by further order of the court upon motion of either of the parties.
1. Neither party shall sell, transfer, encumber, conceal, assign, remove, or in any way dispose of, with the consent of the other party in writing, or an order of the court, any property, individually or jointly held by the parties, except in the usual course of business of for customary and usual household expenses or for reasonable attorney fees in connection with this action. (This section only applies to divorce, annulment, and legal separation cases.)
2. Neither party shall incur unreasonable debts hereafter, including but not limited to, further borrowing against any credit line secured by the family residence, further encumbrancing any assets, or unreasonably using credit cards or cash advances against credit cards. (This section only applies to divorce, annulment or legal separation cases.)
3. The parties shall each complete and exchange sworn financial statements substantially in accordance with Form 501.1 within thirty days of the return day. The parties may thereafter enter and submit to the court a stipulated interim order allocating income and expenses, in accordance with the uniform child support guidelines. (This section only applies to divorce, annulment, and legal separation cases.)
4. The case management date for this case is _____. The parties shall comply with Sec. 1252 to determine if their actual presence at the court is required on that date. (See JD-FM-165A – C for local Case Management Dates.)
5. Neither party shall permanently remove the minor child or children from the State of Connecticut, without written consent of the other or order of the court.
6. The parties, if they share a minor child or children, shall participate in the parenting education program within sixty days of the return day.
7. Neither party shall cause the other party of the children of the marriage to be removed from any medical, hospital and dental insurance coverage, and each party shall maintain the existing medical, hospital, and dental insurance coverage in full force and effect.
8. Neither party shall change the beneficiaries of any existing life insurance policies, and each party shall maintain the existing life insurance, automobile insurance, homeowner’s or renter’s insurance policies in full force and effect.
9. If the parties are living together on the date service of these orders, neither party may deny the other party use of the current primary residence of the parties, whether it be owned or rented property, without court order. This provision shall not apply if there is a prior, contradictory order.
10. If the parties shall a child or children, a party vacating the family residence shall notify the other party or the other party’s attorney, in writing, within forty-eight hours of such move, of an address where the relocated party can receive communication. This provision shall not apply if there is a prior, contradictory court order.
11. If the parents of minor children live apart during this dissolution proceeding, they shall assist their children in having contact with both parties, which is consistent with the habits of the family, personally, by telephone, and in writing unless there is a prior court order.
BY ORDER OF THE COURT
Failure to obey these orders may be punishable by contempt of court. If you object to or seek modification of these orders during the pendency of the action, you have the right to a hearing before a judge within a reasonable time.
SUMMARY OF AUTOMATIC COURT ORDERS
The court orders on the reverse side apply to the plaintiff and the defendant in this case, unless there is already a court order which contradicts one of these orders. The automatic court orders apply to the plaintiff when the attached Complaint is signed. They apply to the defendant when a copy of the Complaint and the Notice of Automatic Court Orders are served (delivered to the defendant by an authorized person). The automatic court orders are summarized below, but you are subject to the full text of the orders on the reverse side. If you do not understand the full text of the automatic court orders, you may want to talk to an attorney.
Neither the plaintiff or defendant shall:
- Sell, mortgage, or give away any property without written agreement or a court order. (Only applies to divorce, annulment, and legal separation cases.
- Go into unreasonable debt by borrowing money or using credit cards or cash advances. (Only applies to divorce, annulment, and legal separation cases.
- Permanently take your children from Connecticut without written agreement or a court order.
- Take each other or your children of any existing medical, hospital, or dental insurance policy or let any such insurance coverage expire.
- Change the terms or named beneficiaries of any existing insurance policy or let any existing insurance coverage expire, including life, automobile, homeowner’s or renter’s insurance.
- Deny use of the family home to the other person without a court order, if you are living together on the date the court papers are served.
- Both the plaintiff and the defendant shall:
- Complete and exchange sworn financial affidavits within thirty days of the return date. (Only applies to divorce, annulment, and legal separation cases.
- Participate in a parenting education program within sixty days of the return date (if you share children under 18 years old).
- Attend a case management conference on the date specified on the reverse, unless you both agree on all issues and file a Case Management Agreement form with the court clerk on or before that date.
- Tell the other person in writing within forty-eight hours about your new address or a place where you can receive mail if you move out of the family home (if you share children under 18 years old).
- Help any children you share continue their usual contact with both parents in person, by telephone and in writing.
Remember, if you do not obey these orders while your case is pending, you may be punished by being held in contempt of court. If you object to these orders or want them changed, you have a right to a hearing before a judge within a reasonable time, by filing a Motion to Modify these orders with the court clerk.