2018 Connecticut General Statutes
Title 46b - Family Law
Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment
Section 46b-45 - (Formerly Sec. 46-36). Service and filing of complaint. Waiver of service.
(a) A proceeding for an annulment, a dissolution of 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. The complaint may also be made by the Attorney General in a proceeding for annulment of a void marriage. The complaint shall be served on the other party.
(b) Any person entitled to service of process of a summons and complaint that commences an action for an annulment, a dissolution of marriage, a dissolution of civil union or a legal separation may waive such service by (1) executing a written waiver of service on a form prescribed by the Office of the Chief Court Administrator, and (2) filing an appearance with the court. Upon filing of both the waiver of service and the appearance of the person waiving such service, the action shall proceed as consistent with the provisions of this chapter.
(c) If any party is an inmate who is (1) committed to the custody of the Commissioner of Correction, and (2) a patient in a hospital for psychiatric disabilities, a copy of the complaint shall be served on the Commissioner of Administrative Services personally or by registered or certified mail. If any party is confined in an institution in any other state, a copy shall be so served on the superintendent of the institution in which the party is confined.
(P.A. 73-373, S. 4; P.A. 74-169, S. 3, 18; P.A. 77-614, S. 70, 610; P.A. 78-230, S. 21, 54; 78-280, S. 2, 127; P.A. 17-47, S. 3.)
History: P.A. 74-169 clarified provisions, substituting “service and filing of a complaint as in all other civil actions” for “making a complaint”; P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services; P.A. 78-230 divided section into Subsecs. and restated provisions; P.A. 78-280 deleted reference to counties, a change effected as well in P.A. 78-230; Sec. 46-36 transferred to Sec. 46b-45 in 1979; P.A. 17-47 amended Subsec. (a) by adding “civil union” and making technical changes, added new Subsec. (b) re waiver of service and redesignated existing Subsec. (b) as Subsec. (c) and amended same by replacing “inmate of a mental institution in this state” with “inmate who is (1) committed to the custody of the Commissioner of Correction, and (2) a patient in a hospital for psychiatric disabilities”.
