(a) A proceeding for an annulment, a dissolution of 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 plaintiff shall cause to be served with the complaint a blank appearance form, in such form as the Chief Court Administrator prescribes. 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; P.A. 18-14, S. 1.)
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”; P.A. 18-14 amended Subsec. (a) by adding provision re plaintiff to cause blank appearance form to be served with the complaint and made a technical change.
See Sec. 46b-10 re reconciliation attempts ordered by court in action for dissolution of marriage, legal separation or annulment.
Annotations to former section 46-36:
Cited. 173 C. 161.
Cited. 31 CS 188.
Annotations to present section:
Cited. 181 C. 225; 185 C. 249; Id., 491; 208 C. 329; 224 C. 749.
Cited. 35 CA 449.
Notes of Decisions
Cited in
118
cases (
7 in the last 5 years), 1979–2025 · leading case:
Doe v. Doe, 710 A.2d 1297 (Conn. 1998).
Doe v. Doe, 710 A.2d 1297 (Conn. 1998).
· cites it 11× “” General Statutes § 46b-45 governs the filing of complaints for marital dissolution, annulment or legal separation.”
Maturo v. Maturo, 995 A.2d 1 (Conn. 2010).
· cites it 6× “[12] General Statutes § 46b-66a provides: "(a) At the time of entering a decree annulling or dissolving a marriage or for legal separation pursuant to a complaint under section 46b-45, the Superior Court may order the husband or wife to convey title to real property to the other…”
Sousa v. Sousa, 143 A.3d 578 (Conn. 2016).
· cites it 3× “4 General Statutes § 46b-81 (a) provides: ‘‘At the time of entering a decree annulling or dissolving a marriage or for legal separation pursuant to a complaint under section 46b-45, the Superior Court may assign to either spouse all or any part of the estate of the other spouse.”
Madigan v. Madigan, 620 A.2d 1276 (Conn. 1993).
· cites it 5× “Madigan, brought a dissolution action pursuant to General Statutes § 46b-45 1 to terminate his marriage to the defendant, Michelle A.”
Bender v. Bender, 785 A.2d 197 (Conn. 2001).
· cites it 2× “pursuant to a complaint under section 46b-45, the Superior Court may assign to either the husband or wife all or any part of the estate of the other.”
Friezo v. Friezo, 914 A.2d 533 (Conn. 2007).
· cites it 2× “[9] General Statutes ง 46b-81 provides in relevant part: "(a) At the time of entering a decree annulling or dissolving a marriage or for legal separation pursuant to a complaint under section 46b-45, the Superior Court may assign to either the husband or wife all or any part of…”
Zilkha v. Zilkha, 183 A.3d 64 (Conn. App. Ct. 2018).
· cites it 2× “Subsection (a) of § 46b-56 authorizes the Superior Court in any action involving the custody or care of minor children, including a divorce action brought under General Statutes § 46b-45, to "make or modify any proper order regarding the custody, care, education, visitation and…”
Fish v. Fish, 939 A.2d 1040 (Conn. 2008).
· cites it 2× “" [13] General Statutes § 46b-56 provides in relevant part: "(a) In any controversy before the Superior Court as to the custody or care of minor children, and at any time after the return day of any complaint under section 46b-45, the court may make or modify any proper order…”
Yontef v. Yontef, 440 A.2d 899 (Conn. 1981).
· cites it 2× “superior COURT ORDERS RE CUSTODY AND CARE OP MINOR CHILDREN IN ACTIONS POR DISSOLUTION OP MARRIAGE, LEGAL SEPARATION AND annulment, (a) In any controversy before the superior court as to the custody or care of minor children, and at any time after the return day of any complaint…”
Blake v. Blake, 541 A.2d 1201 (Conn. 1988).
· cites it 2× “ACCESS TO RECORDS OF MINOR children by noncustodial parent, (a) In any controversy before the superior court as to the custody or care of minor children, and at any time after the return day of any complaint under section 46b-45, the court may at any time make or modify any…”
Luster v. Luster, 17 A.3d 1068 (Conn. App. Ct. 2011).
· cites it 4× “General Statutes § 46b-45 leaves no doubt that [a] proceeding .”
Smith v. Smith, 752 A.2d 1023 (Conn. 1999).
· cites it 2× “pursuant to a complaint under section 46b-45, the Superior Court may assign to either the husband or wife all or any part of the estate of the other.”
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