reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-45a. - Allegation of pregnancy in pleadings. Disagreement as to parentage. Hearing.

(a) If, during the pendency of a dissolution or annulment of marriage, a spouse is pregnant, such spouse may so allege in the pleadings. The parties may in their pleadings allege and answer that the child born of the pregnancy will or will not be a child of the marriage.
(b) If the parties to a dissolution or annulment of marriage disagree as to the parentage of the spouse who did not give birth to the child born of the pregnancy, the court shall hold a hearing within a reasonable period after the birth of the child to determine parentage.
(P.A. 84-386; P.A. 21-15, S. 111.)
History: P.A. 21-15, amended Subsec. (a) by replacing “the wife” with “a spouse” and replacing “issue of the marriage” with “a child of the marriage” and amended Subsec. (b) by replacing “whether or not the husband is the father of” with “the parentage of the spouse who did not give birth to” and replacing “paternity” with “parentage”, effective January 1, 2022.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-47. (Formerly Sec. 46-40). - Complaint for dissolution of marriage on ground of confinement for mental illness; procedure.

(a) A copy of the writ and complaint in an action or cross action for dissolution of marriage or legal separation on the ground of confinement for mental illness shall be served on the adverse party, on the conservator, if any, and on the Commissioner of Administrative Services at Hartford. Service on the conservator, if resident outside the state, and on the commissioner, may be made by registered or certified mail. If the adverse party is confined in any other state, a copy shall be served on the superintendent of the institution in which the adverse party is confined.
(b) If the conservator does not appear in court, or if the adverse party has no conservator, the court shall appoint a guardian ad litem for the adverse party.
(c) On motion of either party, the court shall appoint two or more psychiatrists who are diplomates of the American Board of Psychiatry and Neurology and who are not on the staff of any state hospital for mental illness, who shall investigate the mental status of such person. Within a reasonable time thereafter, the psychiatrists shall report to the court the facts found by them together with their opinion as to the probability of further indefinite prolonged hospitalization for the mental illness. The testimony of no psychiatrists other than those appointed by the court shall be received upon the trial of such action.
(d) The fees and expenses of the psychiatrists and of the guardian ad litem shall be fixed by the court and shall be paid by the plaintiff.
(1949 Rev., S. 7331; 1951, S. 3003d; 1957, P.A. 502, S. 2; P.A. 73-373, S. 11; P.A. 74-169, S. 7, 18; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 78-230, S. 25, 54.)
History: P.A. 73-373 substituted actions for “dissolution of a marriage” for “divorce” actions; P.A. 74-169 applied provisions to legal separations and to cross actions and substituted “adverse party” for “defendant”; Sec. 46-19 transferred to Sec. 46-40 in 1975; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 substituted commissioner of human resources for commissioner of social services, effective January 1, 1979; P.A. 78-230 divided section into Subsecs., restated provisions and substituted commissioner of administrative services for commissioner of social services, negating name change called for by P.A. 77-614; Sec. 46-40 transferred to Sec. 46b-47 in 1979.
Annotations to former section 46-19:
Cited. 4 CS 249. When defendant confined outside state, both superintendent and commissioner of welfare must be served. 17 CS 410.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-48. (Formerly Sec. 46-37). - Dissolution of marriage or annulment upon conviction of crime against chastity; procedure.

When any married person has been convicted in any court of an offense against chastity which would be ground for dissolution or annulment of the marriage, any person aggrieved may petition the Superior Court within four months of the conviction, and upon notice to the person convicted, the court may grant a dissolution or annulment of the marriage or such other relief as the court determines. No provision of this section shall be construed to affect the right of any aggrieved person to apply to the civil side of the court for similar relief.
(1949 Rev., S. 7329; 1971, P.A. 870, S. 126; P.A. 73-373, S. 10; P.A. 78-230, S. 22, 54.)
History: 1971 act applied provisions to convictions in any court rather than specifically in superior court and required that petition be made to superior court rather than to the court “before which such conviction was had”, imposing four-month deadline where previously petition was required “at the same term”, effective September 1, 1971, except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 73-373 replaced “divorce” with “dissolution of marriage”; P.A. 78-230 restated provisions; Sec. 46-37 transferred to Sec. 46b-48 in 1979.
See Sec. 46b-10 re reconciliation attempts ordered by court in action for dissolution of marriage, legal separation or annulment.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-49. (Formerly Sec. 46-45). - Private hearing.

When it considers it necessary in the interests of justice and the persons involved, the court shall, upon the motion of either party or of counsel for any minor children, direct the hearing of any matter under this chapter and sections 17b-743, 17b-744, 45a-257, 46b-1, 46b-6, 47-14g, 51-348a and 52-362 to be private. The court may exclude all persons except the officers of the court, a court reporter, the parties, their witnesses and their counsel.
(P.A. 73-373, S. 13; P.A. 78-230, S. 30, 54; June 18 Sp. Sess. P.A. 97-1, S. 53, 75.)
History: P.A. 78-230 restated provisions and deleted reference to Sec. 46-5h; Sec. 46-45 transferred to Sec. 46b-49 in 1979 and internal section references revised as necessary to reflect transfer of those sections; June 18 Sp. Sess. P.A. 97-1 made a technical change, effective January 1, 1998.
See Sec. 46b-11 re closed hearings and records in family relations matters.
Cited. 2 CA 132.
Cited. 36 CS 352. Protecting stability of leading Fortune 500 corporation's shares of stock outweighed public's and media's right to access files and hearings in divorce proceedings of high ranking executive of such corporation. 45 CS 208.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-50. (Formerly Sec. 46-46). - Number of witnesses in uncontested action.

In any action under this chapter, where the complaint for dissolution of marriage or separation is uncontested, the judge in his sole discretion shall decide the number of witnesses required, if any, in addition to the plaintiff or defendant on a cross complaint, except as provided in subsection (a) of section 46b-51.
(1972, P.A. 164, S. 3; P.A. 73-373, S. 40, 44; P.A. 74-338, 12, 93, 94; P.A. 78-230, S. 31, 54.)
History: P.A. 73-373 replaced reference to divorce with reference to dissolution of marriage and added exception re Sec. 46-48(a); P.A. 74-338 made technical corrections; P.A. 78-230 rephrased section but made no substantive change; Sec. 46-46 transferred to Sec. 46b-50 in 1979 and reference to Sec. 46-48 revised to reflect its transfer.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-51. (Formerly Sec. 46-48). - Stipulation of parties and finding of irretrievable breakdown.

(a) In any action for dissolution of marriage or legal separation the court shall make a finding that a marriage breakdown has occurred where (1) the parties, and not their attorneys, execute a written stipulation that their marriage has broken down irretrievably, or (2) both parties are physically present in court and stipulate that their marriage has broken down irretrievably and have submitted an agreement concerning the custody, care, education, visitation, maintenance or support of their children, if any, and concerning alimony and the disposition of property. The testimony of either party in support of that conclusion, or an affidavit made under oath by either party, pursuant to subsection (b) of this section, shall be sufficient.
(b) Any finding required to be made by the court pursuant to subsection (a) of this section, may be made on the basis of an affidavit, made under oath, by either party, provided that the party making the affidavit attests that no restraining order issued pursuant to section 46b-15 or protective order, issued pursuant to section 46b-38c, between the parties is in effect or pending before the court. Nothing in this subsection shall preclude the court from requiring that the parties attend a hearing and that findings be made on the record.
(c) In any case in which the court finds that a cause enumerated in subsection (c) of section 46b-40 exists, the court shall enter a decree dissolving the marriage or granting a legal separation. In entering the decree, the court may either set forth the cause of action on which the decree is based or dissolve the marriage or grant a legal separation on the basis of irretrievable breakdown. In no case shall the decree granted be in favor of either party.
(P.A. 73-373, S. 8; P.A. 74-169, S. 6, 18; 74-338, S. 92, 94; P.A. 78-230, S. 33, 54; P.A. 21-104, S. 18.)
History: P.A. 74-169 clarified Subsec. (a) by specifying execution of written stipulation or personal stipulation “where both parties are physically present in court” that marriage is irretrievably broken and referred to legal separation in Subsec. (b) deleting detailed description of court's finding that marriage is irretrievably broken or that parties have lived apart for 18 months and there is no reasonable prospect that they will be reconciled; P.A. 74-338 made technical change in Subsec. (a); P.A. 78-230 restated provisions and deleted Subsec. (c) which had stated that defenses of recrimination and condonation to action for dissolution of marriage were abolished; Sec. 46-48 transferred to Sec. 46b-51 in 1979 and reference to Sec. 46-32 revised to reflect its transfer; P.A. 21-104 amended Subsec. (a) to add provision re affidavit and added new Subsec. (b) re affidavits, redesignated existing Subsec. (b) as Subsec. (c) and made a conforming change, effective June 28, 2021.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-52. - Recrimination and condonation abolished.

The defenses of recrimination and condonation to any action for dissolution of marriage or legal separation are abolished.
(P.A. 78-230, S. 2, 54.)
Cited. 185 C. 156.
Cited. 4 CA 575.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-53. (Formerly Sec. 46-41). - Conciliation procedures; privileged communications.

(a) On or after the return day of a complaint seeking the dissolution of a marriage or a legal separation and prior to the expiration of the ninety-day period specified in section 46b-67 either spouse or the counsel for any minor children of the marriage may submit a request for conciliation to the clerk of the court. The clerk shall forthwith enter an order that the parties meet with a conciliator mutually acceptable to them or, if the parties cannot agree as to a conciliator, with a conciliator named by the court. The conciliator shall, in any case, be a clergyman, a physician, a domestic relations officer or a person experienced in marriage counseling.
(b) Within such ninety-day period or within thirty days of the request, whichever is later, there shall be two mandatory consultations with the conciliator by each party to explore the possibility of reconciliation or of resolving the emotional problems which might lead to continuing conflicts following the dissolution of the marriage. Failure of the plaintiff or defendant to attend these consultations except for good cause shall preclude further action on the complaint until the expiration of six months from the date of the return day; provided the court may order the termination of such stay, upon the motion of either party and for good cause shown. Further consultations may be held with the consent of both parties, or, if the conciliator recommends one or more additional consultations and either one of the parties agrees, the court may order such additional consultations.
(c) All communications during these consultations shall be absolutely privileged, except that the conciliator shall report to the court whether or not the parties attended the consultations.
(d) The reasonable fees of the conciliator shall be paid by one or both of the parties as the court directs. No fee shall be charged by a domestic relations officer for such services. If the parties are unable to pay the fees which may be charged by the conciliator, only a domestic relations officer may be named as the conciliator.
(P.A. 73-373, S. 6; P.A. 74-169, S. 5, 18; P.A. 75-530, S. 11, 35; P.A. 78-230, S. 26, 54; P.A. 02-132, S. 80.)
History: P.A. 74-169 specified that each party must consult at least twice with conciliator; P.A. 75-530 referred to return day of complaint rather than its date of filing, authorized domestic relations officers to serve as conciliators, added proviso re termination of stay in proceedings and added exception re conciliators' fees; P.A. 78-230 divided section into Subsecs. and rephrased provisions; Sec. 46-41 transferred to Sec. 46b-53 in 1979 and reference to Sec. 46-44 revised to reflect its transfer; P.A. 02-132 amended Subsec. (b) by adding provisions re one or more additional consultations.
See Sec. 46b-10 re reconciliation attempts ordered by court in action for dissolution of marriage, legal separation or annulment.
Cited. 5 CA 649; 23 CA 330.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-53a. - Mediation program for persons filing for dissolution of marriage. Privileged communications.

(a) A program of mediation services for persons filing for dissolution of marriage may be established in such judicial districts of the Superior Court as the Chief Court Administrator may designate. Mediation services shall address property, financial, child custody and visitation issues.
(b) All oral or written communications made by either party to the mediator or made between the parties in the presence of the mediator, while participating in the mediation program conducted pursuant to subsection (a) of this section, are privileged and inadmissible as evidence in any court proceedings unless the parties otherwise agree.
(P.A. 87-316, S. 8; 87-589, S. 36, 87; P.A. 93-92.)
History: P.A. 87-589 made technical change; P.A. 93-92 added Subsec. (b) re privileged communications made by parties to mediator or in presence of mediator.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-55. (Formerly Sec. 46-63). - Attorney General as party to action.

The Attorney General shall be and remain a party to any action for dissolution of marriage, legal separation or annulment, and to any proceedings after judgment in such action, if any party to the action, or any child of any party, is receiving or has received aid or care from the state. The Attorney General may also be a party to such action for the purpose of establishing, enforcing or modifying an order for support or alimony if any party to the action is receiving support enforcement services pursuant to Title IV-D of the Social Security Act.
(1971, P.A. 712, S. 1–4; P.A. 73-373, S. 42; P.A. 74-183, S. 271, 291; P.A. 76-436, S. 234, 681; P.A. 78-230, S. 47, 54; P.A. 86-359, S. 32, 44; P.A. 21-15, S. 112.)
History: P.A. 73-373 substituted “dissolution of marriage” for “divorce” in Subsec. (a), deleted former Subsecs. (b) and (c) re appointment of attorney to protect child's interests and re action to establish paternity of child who is determined not to be issue of the marriage in question and relettered former Subsec. (d) accordingly, adding references to decrees of dissolution of marriage; P.A. 74-183 replaced circuit court with court of common pleas in Subsec. (b), effective December 31, 1974; P.A. 76-436 replaced court of common pleas with superior court in Subsec. (b), effective July 1, 1978; P.A. 78-230 rephrased provisions but made no substantive change; Sec. 46-63 transferred to Sec. 46b-55 in 1979 and reference to Sec. 52-435a revised to reflect that section's transfer; P.A. 86-359 amended Subsec. (a) to permit Attorney General to be party to action for purpose of establishing, enforcing or modifying order of support or alimony if any party to action is receiving support enforcement services; P.A. 21-15 deleted former Subsec. (b) re ability of child born during a marriage, which is terminated by divorce decree, to bring an action to establish paternity when child is found not to be issue of such marriage, effective January 1, 2022.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-56b. - Presumption re best interest of child to be in custody of parent.

In any dispute as to the custody of a minor child involving a parent and a nonparent, there shall be a presumption that it is in the best interest of the child to be in the custody of the parent, which presumption may be rebutted by showing that it would be detrimental to the child to permit the parent to have custody.
(P.A. 85-244, S. 2, 3; P.A. 86-224; 86-403, S. 81, 132.)
History: P.A. 86-224 added provision re grounds for rebuttal of presumption; P.A. 86-403 made technical changes.
Cited. 236 C. 582; 237 C. 233; 241 C. 767. Statutory presumption rebutted; trial court required to determine issue of custody on basis of child's best interest without regard to presumption in favor of the parent. 244 C. 403. Court upheld constitutionality of statute but held that the statutory presumption in favor of parental custody may be rebutted only in exceptional circumstances and upon showing that it would be clearly damaging, injurious or harmful for the child to remain in the parent's custody; in order to uphold constitutionality of section, court imposed a standing requirement that a third party allege a parent-like relationship with the child for third party custody awards and third parties seeking intervention in existing custody proceedings. 285 C. 24.
Cited. 6 CA 707; 24 CA 402; Id., 426; 40 CA 675. Section is restricted to dissolution and custody matters brought under this chapter and is not applicable in cases that do not arise from dissolution of marriage, legal separation or annulment actions. 153 CA 599.
Cited. 44 CS 169.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-56d. - Relocation of parent with minor child. Burden of proof. Factors considered by court.

(a) In any proceeding before the Superior Court arising after the entry of a judgment awarding custody of a minor child and involving the relocation of either parent with the child, where such relocation would have a significant impact on an existing parenting plan, the relocating parent shall bear the burden of proving, by a preponderance of the evidence, that (1) the relocation is for a legitimate purpose, (2) the proposed location is reasonable in light of such purpose, and (3) the relocation is in the best interests of the child.
(b) In determining whether to approve the relocation of the child under subsection (a) of this section, the court shall consider, but such consideration shall not be limited to: (1) Each parent's reasons for seeking or opposing the relocation; (2) the quality of the relationships between the child and each parent; (3) the impact of the relocation on the quantity and the quality of the child's future contact with the nonrelocating parent; (4) the degree to which the relocating parent's and the child's life may be enhanced economically, emotionally and educationally by the relocation; and (5) the feasibility of preserving the relationship between the nonrelocating parent and the child through suitable visitation arrangements.
(P.A. 06-168, S. 1.)
No indication legislature intended to apply section to relocation matters resolved at time of initial judgment for dissolution of marriage, which continue to be governed by best interest of child standard in Sec. 46b-56. 113 CA 177. No requirement that court consider issue of sibling separation in the context of determining whether to approve relocation. 127 CA 691. Subsec. (a) does not require court to base decision re best interests of child on assumption that parent proposing relocation will in fact relocate. 143 CA 113. Plaintiff's prospective employment in another state, without sufficient evidence necessary to satisfy the remaining factors enumerated in Subsecs. (a) and (b), is not sufficient to meet the burden of proof required by section. 155 CA 848.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-57. (Formerly Sec. 46-47). - Third party intervention re custody of minor children. Preference of child.

In any controversy before the Superior Court as to the custody of minor children, and on any complaint under this chapter or section 46b-1 or 51-348a, if there is any minor child of either or both parties, the court, if it has jurisdiction under the provisions of chapter 815p, may allow any interested third party or parties to intervene upon motion. The court may award full or partial custody, care, education and visitation rights of such child to any such third party upon such conditions and limitations as it deems equitable. Before allowing any such intervention, the court may appoint counsel for the minor child or children pursuant to the provisions of sections 46b-12 and 46b-54. In making any order under this section, the court shall be guided by the best interests of the child, giving consideration to the wishes of the child if the child is of sufficient age and capable of forming an intelligent preference.
(P.A. 73-373, S. 17; P.A. 74-169, S. 10, 18; P.A. 78-230, S. 32, 54; 78-318, S. 29; P.A. 03-19, S. 106; P.A. 14-3, S. 3; P.A 15-14, S. 13.)
History: P.A. 74-169 made minor changes in wording and made appointment of counsel for child or children optional rather than mandatory, substituting “may” for “shall”; P.A. 78-230 restated provisions; P.A. 78-318 qualified court's power to allow third party intervention and to award custody, etc. to third party by adding “if it has jurisdiction under the provisions of chapter 815o”; Sec. 46-47 transferred to Sec. 46b-57 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer; P.A. 03-19 made technical changes, effective May 12, 2003; P.A. 14-3 added reference to Sec. 46b-12; P.A. 15-14 made a technical change.
Annotations to former section 46-47:
Cited. 174 C. 244.
Cited. 7 CA 720.
Cited. 33 CS 100.
Annotations to present section:
Motion to intervene under statute was barred by absence of controversy; timeliness and “interested third parties” discussed. 185 C. 502. Cited. 193 C. 393. Former intervention not a requirement to a valid order of custody. 196 C. 10. Cited. 235 C. 82; 236 C. 582; 239 C. 336; 241 C. 767. In order to uphold constitutionality of section, court imposed a standing requirement that a third party allege a parent-like relationship with the child for third party custody awards and third parties seeking intervention in existing custody proceedings. 285 C. 24.
Cited. 2 CA 132; judgment reversed, see 234 C. 51; 11 CA 43; 34 CA 129; 35 CA 421; 40 CA 675.
Cited. 35 CS 237.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-58. (Formerly Sec. 46-58). - Custody, maintenance and education of adopted children.

The authority of the Superior Court to make and enforce orders and decrees as to the custody, maintenance and education of minor children in any controversy before the court between husband and wife brought under the provisions of this chapter is extended to children adopted by both parties and to any natural child of one of the parties who has been adopted by the other.
(1963, P.A. 414; P.A. 73-373, S. 31; P.A. 78-230, S. 43, 54.)
History: P.A. 73-373 made no substantive change; Sec. 46-26a transferred to Sec. 46-58 in 1975; P.A. 78-230 made minor changes in wording and deleted reference to Sec. 46-5h; Sec. 46-58 transferred to Sec. 46b-58 in 1979.
Annotation to former section 46-26a:
Unless child is deemed by law to be a child of the marriage of plaintiff and defendant, Superior Court has no jurisdiction over the child. 165 C. 665.
Annotations to present section:
Court has no authority to issue an order of support against a husband who was neither the biological or adoptive parent of the child. 180 C. 114. Cited. 236 C. 582.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-59a. - Mediation of disputes re enforcement of visitation rights.

The Office of the Chief Court Administrator may establish programs of mediation for the timely resolution of disputes involving the enforcement of visitation rights.
(P.A. 86-359, S. 42, 44; 86-403, S. 117, 132.)
History: P.A. 86-359, S. 42 effective July 1, 1987; P.A. 86-403 substituted “may” for “shall”, making establishment of programs discretionary rather than mandatory.
Cited. 236 C. 582.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-59b. - Court may not grant visitation to parent convicted of murder. Exception.

Notwithstanding any provisions of this chapter, no court shall make an order granting the right of visitation to a parent who has been convicted of murder under section 53a-54a, 53a-54b, 53a-54c or 53a-54d, or in any other jurisdiction, of any crime the essential elements of which are substantially the same as any of such crimes, unless the child who is the subject of the visitation order is of sufficient age to signify such child's wishes and such child assents to such order. Until any such visitation order is granted, no person shall visit, with the child present, such parent who has been convicted of murder without the consent of the child's parent, guardian or legal custodian.
(P.A. 98-81, S. 19, 20; P.A. 01-211, S. 16.)
History: P.A. 98-81 effective July 1, 1998; P.A. 01-211 made provisions applicable to a parent who has been convicted of the murder of any person, rather than the murder “of the other parent of the child who is the subject of the visitation order”, allowed the other parent to consent to a visit by the child and made technical changes for purposes of gender neutrality.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-60. (Formerly Sec. 46-55). - Orders re children and alimony in annulment cases.

In connection with any petition for annulment under this chapter, the Superior Court may make such order regarding any child of the marriage and concerning alimony as it might make in an action for dissolution of marriage. The issue of any void or voidable marriage shall be deemed a child of the marriage. Any child born before, on or after October 1, 1976, whose birth occurred prior to the marriage of his parents shall be deemed a child of the marriage.
(P.A. 73-373, S. 24; P.A. 76-265; P.A. 78-230, S. 40, 54; P.A. 21-15, S. 113.)
History: P.A. 76-265 specified applicability re children born before, on or after October 1, 1976; P.A. 78-230 changed wording slightly; Sec. 46-55 transferred to Sec. 46b-60 in 1979; P.A. 21-15 replaced “deemed legitimate” with “deemed a child of the marriage”, effective January 1, 2022.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-61. (Formerly Sec. 46-62). - Orders re children where parents live separately. Filing of accompanying documents.

(a) In all cases in which the parents of a minor child live separately, the superior court for the judicial district where any parent resides may, on the application of any parent and after notice is given to the other parent or parents, make any order as to the custody, care, education, visitation and support of any minor child of the parents, subject to the provisions of sections 46b-54, 46b-56, 46b-57 and 46b-66. Proceedings to obtain such orders shall be commenced by service of an application, a summons and an order to show cause. An applicant shall file the accompanying documents with the court not later than the first date for which the matter appears on the docket.
(b) As used in this section, “accompanying documents” means documents that establish an existing legal relationship between the parents and the child for whom an application for custody, care, education, visitation and support is made under this section. “Accompanying documents” include, but are not limited to, a copy of a birth certificate naming the applicant and the respondent as the parents of the child, a copy of a properly executed acknowledgment of parentage, a court order or decree naming the legally responsible parents, including adoptive parents, a surrogacy agreement as defined in section 7-36, documents showing that the minor child was born during the parents' wedlock or other sufficient evidence within the discretion of the court.
(P.A. 73-373, S. 19; P.A. 74-169, S. 12, 18; P.A. 78-230, S. 46, 54; 78-280, S. 2, 127; P.A. 99-215, S. 4, 29; P.A. 10-32, S. 139; P.A. 18-75, S. 4; P.A. 21-15, S. 114.)
History: P.A. 74-169 changed wording slightly; P.A. 78-230 deleted reference to “minor children” and to counties; P.A. 78-280 reiterated omission of reference to counties; Sec. 46-62 transferred to Sec. 46b-61 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer; P.A. 99-215 substituted “application” for “complaint” and added “Proceedings to obtain such orders shall be commenced by service of an application, summons and an order to show cause.”, effective January 1, 2000; P.A. 10-32 changed “notice given to the other” to “notice is given to the other party”, effective May 10, 2010; P.A. 18-75 redesignated existing provisions re cases in which parents of minor child live separately as Subsec. (a) and amended same by replacing references to party with references to parent and adding provision re applicant to file accompanying documents not later than first date for which matter appears on docket, and added Subsec. (b) defining “accompanying documents”; P.A. 21-15 amended Subsec. (a) by replacing “either parent” with “any parent” and making a technical change, and amended Subsec. (b) by replacing “paternity” with “parentage” and “gestational agreement” with “surrogacy agreement”, effective January 1, 2022.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-63. (Formerly Sec. 46-60). - Restoration of birth name or former name of spouse.

(a) At the time of entering a decree dissolving a marriage, the court, upon request of either spouse, shall restore the birth name or former name of such spouse.
(b) At any time after entering a decree dissolving a marriage, the court, upon motion of either spouse, shall modify such judgment and restore the birth name or former name of such spouse. The court shall rule on any motion filed by such spouse to have his or her birth name or former name restored without a hearing.
(P.A. 73-373, S. 14; P.A. 78-101; P.A. 80-48; P.A. 88-364, S. 90, 123; P.A. 18-75, S. 5.)
History: P.A. 78-101 rephrased provisions, requiring restoration of wife's birth or former name upon her request where previously restoration of name was dependent upon court's discretion; Sec. 46-60 transferred to Sec. 46b-63 in 1979; P.A. 80-48 added Subsec. (b); P.A. 88-364 substituted “either spouse” or “such spouse” for “the wife”; P.A. 18-75 amended Subsec. (b) by adding provision re court to rule on motion to restore birth name or former name without hearing, effective July 1, 2018.
See Sec. 45a-99 re concurrent jurisdiction of Probate Court in matters concerning change of name.
See Secs. 45a-736, 45a-737 re change of name of adopted persons.
See Sec. 46b-1(6) re jurisdiction of Superior Court concerning complaints for change of name.
See Sec. 46b-81 re assignment of property and transfer of title at time of decree annulling or dissolving a marriage or for legal separation.
See Sec. 52-11 re jurisdiction of Superior Court concerning complaints for change of names.
Cited. 17 CA 627.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-64. (Formerly Sec. 46-64c). - Orders of court prior to return day of complaint.

Any provision in this chapter that the court may make any order after the return day of a complaint shall not preclude the court from making such order prior to the return day, upon the filing of a motion and the issuance of an order to show cause, if the court deems it necessary or appropriate.
(P.A. 75-530, S. 15, 35; P.A. 78-230, S. 50, 54.)
History: P.A. 78-230 deleted “any” preceding “such order”; Sec. 46-64c transferred to Sec. 46b-64 in 1979.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-65. (Formerly Sec. 46-61). - Filing of declaration of resumption of marital relations; dissolution of marriage after legal separation decree when no declaration filed.

(a) If the parties to a decree of legal separation at any time resume marital relations and file their written declaration of resumption, signed, acknowledged and witnessed, with the clerk of the superior court for the judicial district in which the separation was decreed, the declaration shall be entered upon the docket, under the entries relating to the complaint, and the decree shall be vacated and the complaint shall be deemed dismissed.
(b) If no declaration has been filed under subsection (a) of this section, then at any time after the entry of a decree of legal separation, either party may petition the superior court for the judicial district in which the decree was entered for a decree dissolving the marriage. The court may enter the decree in the presence of the party seeking the dissolution or, if a party attests that no restraining order issued pursuant to section 46b-15 or protective order issued pursuant to section 46b-38c, between the parties is in effect or pending before the court, the court may enter the decree without requiring the presence of either party.
(P.A. 73-373, S. 12; P.A. 78-230, S. 45, 54; 78-280, S. 2, 127; P.A. 21-104, S. 20.)
History: P.A. 78-230 restated provisions and deleted reference to counties; P.A. 78-280 reiterated omission of reference to counties; Sec. 46-61 transferred to Sec. 46b-65 in 1979; P.A. 21-104 amended Subsec. (b) to add provision re party attestation and court entering decree without requiring presence of either party, effective June 28, 2021.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-66a. - Order of court re conveyance of title to real property. Effect of decree.

(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 party or to a third person.
(b) When any party is found to have violated an order of the court entered under subsection (a) of this section, the court may, by decree, pass title to the real property to either party or to a third person, without any act by either party, when in the judgment of the court it is the proper action to take.
(c) When the decree is recorded on the land records in the town where the real property is situated, it shall effect the transfer of the title of such property as if it were a deed of the party or parties.
(P.A. 86-126.)
Cited. 36 CA 305.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-68. (Formerly Sec. 46-64). - Reports to Department of Public Health re dissolutions of marriage and annulments.

Section 46b-68 is repealed, effective July 1, 1997.
(P.A. 73-373, S. 28; P.A. 77-614, S. 323, 610; P.A. 78-230, S. 48, 54; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June 18 Sp. Sess. P.A. 97-8, S. 87, 88.)
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-69. (Formerly Sec. 46-64b). - Statutes applicable to matrimonial actions.

The provisions of this chapter and sections 17b-743, 17b-744, 45a-257, 46b-1, 46b-6, 47-14g, 51-348a and 52-362 shall apply to all actions for dissolution of marriage, annulment and legal separation filed after May 13, 1974, to all actions for annulment, legal separation or dissolution of marriage commenced prior to said date and to appeals from, and motions for modification of, any alimony, support or custody order entered pursuant to a decree of dissolution of a marriage, divorce, legal separation or annulment rendered prior to said date. The provisions of this chapter and sections 17b-743, 17b-744, 45a-257, 46b-1, 46b-6, 47-14g, 51-348a and 52-362 in effect on October 1, 1973, shall continue to apply to any action for dissolution of marriage, annulment or legal separation in which a decree of the Superior Court has been rendered after October 1, 1973, in which an appeal is pending or in which the date of taking an appeal has not expired on May 13, 1974, except an appeal from any order of alimony or custody. Sections 46-13 to 46-30, inclusive, of the general statutes of Connecticut, revision of 1958, revised to 1972, shall continue to apply to any action for divorce, dissolution of a marriage, annulment or legal separation in which a decree has been rendered and in which an appeal is pending or in which the time for taking an appeal had not expired on October 1, 1973, except an appeal from any order of alimony, support or custody.
(P.A. 74-169, S. 16, 18; P.A. 78-230, S. 49, 54; June 18 Sp. Sess. P.A. 97-1, S. 55, 75.)
History: P.A. 78-230 deleted references to Sec. 46-5h; Sec. 46-64b transferred to Sec. 46b-69 in 1979 and references to other sections within provisions revised as necessary to reflect their transfer; June 18 Sp. Sess. P.A. 97-1 made technical changes, effective January 1, 1998.
Annotations to former section 46-64b:
Cited. 171 C. 23.
Under section, the Dissolution of Marriage Act is made applicable to all actions for dissolution of marriage commenced prior to the date of said act and to motions for modification of any alimony awards. 32 CS 92.
Annotation to present section:
Cited. 188 C. 385.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-69a. - Wage executions and earning assignments.

Executions and earning assignments in accordance with section 52-362 shall be available in all actions for dissolution of marriage, annulment and legal separation.
(P.A. 83-400, S. 2.)
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-69c. - Advisory committee. Recommendations to Judicial Department.

(a) There is established an advisory committee to (1) make recommendations to the Judicial Department on the development of, and annually thereafter on modifications to, the curriculum for the parenting education program established pursuant to subsection (a) of section 46b-69b, and (2) advise on other matters involving the service providers, including the qualifications and selection of such providers.
(b) Not later than January 15, 2003, the advisory committee shall make recommendations to the Judicial Department on the expansion of the parenting education program to include a separate program for children whose parents are involved in a dissolution of marriage action. Such program shall be designed to help children cope more effectively with the problems that result from a dissolution and shall have as its goal the prevention or reduction of children's anxiety, aggression, depression and behavioral problems and an increase in social competencies critical to children's postdissolution adjustment.
(c) The advisory committee shall consist of not more than ten members to be appointed by the Chief Justice of the Supreme Court and shall include members who represent the Commission on Women, Children, Seniors, Equity and Opportunity, the family law section of the Connecticut Bar Association, educators specializing in children studies, agencies representing victims of family violence, service providers and the Judicial Department. The members shall serve for terms of two years and may be reappointed for succeeding terms. The members shall elect a chairperson from among their number and shall receive no compensation for their services.
(d) The Court Support Services Division of the Judicial Department shall provide staff services to the advisory committee.
(P.A. 93-319, S. 2, 4; P.A. 02-132, S. 17, 81; May Sp. Sess. P.A. 16-3, S. 164; P.A. 19-117, S. 138.)
History: P.A. 93-319 effective July 1, 1993; P.A. 02-132 made a technical change in Subsec. (a), added new Subsec. (b) re recommendations for program for children and redesignated existing Subsecs. (b) and (c) as Subsecs. (c) and (d), effective July 1, 2002, and made a technical change in redesignated Subsec. (c) and replaced “Family Division” with “Court Support Services Division” in redesignated Subsec. (d), effective October 1, 2002; May Sp. Sess. P.A. 16-3 amended Subsec. (c) to replace “Commission on Children” with “Commission on Women, Children and Seniors”, effective July 1, 2016; P.A. 19-117 amended Subsec. (c) to replace “Commission on Women, Children and Seniors” with “Commission on Women, Children, Seniors, Equity and Opportunity”, effective July 1, 2019.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-70. - Foreign matrimonial judgment defined.

As used in sections 46b-70 to 46b-75, inclusive, “foreign matrimonial judgment” means any judgment, decree or order of a court of any state in the United States in an action for divorce, legal separation, annulment or dissolution of marriage, for the custody, care, education, visitation, maintenance or support of children or for alimony, support or the disposition of property of the parties to an existing or terminated marriage, in which both parties have entered an appearance.
(P.A. 77-428, S. 1.)
Cited. 191 C. 92.
Cited. 1 CA 578; 3 CA 679; 6 CA 541; 30 CA 821; 33 CA 417; 42 CA 747. Court lacked subject matter jurisdiction under statute to modify a foreign matrimonial judgment obtained against defendant by default. 48 CA 645.
Cited. 39 CS 66; 41 CS 429.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-71. - Filing of foreign matrimonial judgment; enforcement in this state.

(a) Any party to an action in which a foreign matrimonial judgment has been rendered, shall file, with a certified copy of the foreign matrimonial judgment, in the court in this state in which enforcement of such judgment is sought, a certification that such judgment is final, has not been modified, altered, amended, set aside or vacated and that the enforcement of such judgment has not been stayed or suspended, and such certificate shall set forth the full name and last-known address of the other party to such judgment and the name and address of the court in the foreign state which rendered such judgment.
(b) Such foreign matrimonial judgment shall become a judgment of the court of this state where it is filed and shall be enforced and otherwise treated in the same manner as a judgment of a court in this state; provided such foreign matrimonial judgment does not contravene the public policy of the state of Connecticut. A foreign matrimonial judgment so filed shall have the same effect and may be enforced or satisfied in the same manner as any like judgment of a court of this state and is subject to the same procedures for modifying, altering, amending, vacating, setting aside, staying or suspending said judgment as a judgment of a court of this state; provided, in modifying, altering, amending, setting aside, vacating, staying or suspending any such foreign matrimonial judgment in this state the substantive law of the foreign jurisdiction shall be controlling.
(P.A. 77-428, S. 2; P.A. 89-3.)
History: P.A. 89-3 amended Subsec. (a) to require the certificate to set forth the name and address of the court in the foreign state which rendered the judgment.
Cited. 189 C. 129; 191 C. 92.
Cited. 1 CA 578; 6 CA 541; 17 CA 544; 30 CA 821; 33 CA 417; 35 CA 246.
Construction of section that would confer the same personal jurisdiction of decree-rendering state upon Connecticut courts would violate fundamental due process and the minimum contacts standards. 41 CS 429.
Subsec. (b):
When modifying foreign matrimonial judgment, Connecticut trial court's failure to apply substantive law of the foreign jurisdiction constitutes plain error. 47 CA 146.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-72. - Notification of filing.

Within five days after the filing of such judgment and certificate, the party filing such judgment shall notify the other party of the filing of such foreign matrimonial judgment by registered mail at his last-known address or by personal service. Execution shall not issue on any such foreign matrimonial judgment for a period of twenty days from the filing thereof and no steps shall be taken to enforce such judgment until proof of service has been filed with the court.
(P.A. 77-428, S. 3.)
Cited. 191 C. 92.
Cited. 6 CA 541.
2023 Connecticut General Statutes › Title 46b - Family Law › Chapter 815j - Dissolution of Marriage, Legal Separation and Annulment › Section 46b-73. - Stay of enforcement; modifications; hearing.

(a) If either party files an affidavit with the court that an appeal from the foreign matrimonial judgment is pending in the foreign state, or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign matrimonial judgment until the appeal is concluded, the time for appeal expires or the stay of execution expires or is vacated.
(b) If a party files an affidavit with the court that such foreign matrimonial judgment has been modified, altered or amended, the court shall enforce such foreign matrimonial judgment as modified, altered or amended.
(c) Upon motion made to the court of this state in which the foreign matrimonial judgment has been filed, either party shall be entitled to a hearing on any disputed issue of fact or law concerning the enforceability of said judgment in this state, including any challenge to the jurisdiction of the court which rendered such foreign matrimonial judgment.
(P.A. 77-428, S. 4.)
Cited. 191 C. 92.
Cited. 6 CA 541.