Being ignored by your spouse can leave you feeling trapped in a marriage you are ready to end. You may worry that refusing to sign papers or respond to the divorce complaint gives your spouse control over the process. In Connecticut, however, a spouse who properly received the divorce papers generally cannot stop the divorce simply by remaining silent.
When you may request a default judgment
An appearance is a court form showing that your spouse plans to participate. If your spouse does not file one, you may use Form JD-FM-272, the Motion for Entry of Judgment Upon Default of Appearance. If your spouse receives the papers in person or an authorized person leaves them at your spouse’s usual home, you may file the motion no sooner than 30 days after the return date listed on your court papers. For another court-authorized method of service, the form directs you to wait at least 60 days.
What the court considers before granting a divorce
Most default requests require a hearing where you may present testimony and supporting documents, although the court may proceed without one only when all of these conditions apply:
- The papers were delivered directly to your spouse or left at your spouse’s usual home.
- You filed a completed financial affidavit listing your income, expenses, property and debts.
- You and your spouse have no children together by birth or adoption, and neither spouse is pregnant.
- No active restraining or protective order exists between you.
- You are not requesting alimony, and you share no jointly owned property or debt.
Even in a default case, the judge does not automatically approve your requests. The court must still confirm that you have a legal reason for divorce and enough information to decide any financial or parenting matters.
Prepare for the next court step
A spouse’s failure to respond may allow the case to continue, but the court still needs reliable information before entering final orders. Keep copies of your service documents, financial records and court notices so you can respond to any request or hearing date. Understanding what the default process requires can help you avoid delays and make informed decisions as your divorce moves toward resolution.
