Connecticut Divorce
Connecticut's automatic case management orders restraining the parties from transferring assets, relocating children, etc. and providing that certain documents be exchanged by the parties.
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Connecticut's Automatic
Case Management OrdersSusan K. Smith, Atty.
Hartford and Avon, ConnecticutIntroduction: Whenever the papers for a divorce case are issued, automatic orders are also issued by operation of law preventing either party from taking any actions affecting the children or family assets. The orders are served with the complaint and are binding on the plaintiff upon the issuance of the complaint and upon the defendant upon being served.
In addition, Connecticut has adopted a mandatory discovery procedure requiring that the parties exchange financial affidavits, pay stubs, and asset and liability information within thirty days of the cases "return date" (starting date).
The Case Management Date mentioned in the automatic orders is the date by which the parties must report the status of the case to the court. The parties may report the status in person by attending a case management conference, or by filing a case management form wherein they report the status by agreement.
Text of the Automatic Orders
(1) Neither party shall sell, transfer, encumber, conceal, assign, remove, or in any way dispose of, without the consent of the other party in writing, or an order of a judicial authority, any property, individually or jointly held by the parties, except in the usual course of business or for customary and usual household expenses or for reasonable attorneys fees in connection with this action.
(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.(3) The parties shall each complete and exchange sworn financial statements substantially in accordance with Form 501.1 of the rules of practice 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.
(4) The case management date for this case is _______________. The parties shall comply with Section 25-51 to determine if their actual presence at the court is required on that date.
(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 a judicial authority.
(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 or 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, homeowners or renters insurance policies in full force and effect.
(9) If the parties are living together on the date of 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 order of a judicial authority. This provision shall not apply if there is a prior, contradictory order of a judicial authority.
(10) If the parties share 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 order of a judicial authority.
(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 order of a judicial authority.(b) The automatic orders of a judicial authority as enumerated in subsection (a) shall be set forth immediately following the plaintiff's prayer for relief in any complaint for dissolution of marriage, legal separation, annulment, custody or visitation and shall set forth the following language in bold type: 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.
(c) The automatic orders of a judicial authority as enumerated in subdivisions (a)(1), (2) and (3) shall not apply in custody and visitation cases.
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