Not all spouses cooperate with one another during divorce proceedings. In fact, many people fight intensely to avoid a divorce or control the outcome of the process. Spouses who worry about conflict during their divorces often need to learn about baseline legal requirements for Connecticut divorce proceedings and prepare in advance with the support of a legal professional. Once they have all of the documentation they require and a strategy in place, they then file paperwork with the courts.
Initiating a divorce also requires serving the other spouse with the paperwork. Direct, face-to-face service is the gold standard in modern divorce proceedings. However, those who know that a divorce filing is likely and who do not want to divorce may do everything in their power to avoid service.
What options do filing spouses have when they cannot directly serve their spouses with necessary divorce paperwork?
The courts can approve other options
Spouses pursuing divorce who have made good faith efforts to provide traditional service can ask the courts for support. The standard service procedure involves either a process server or a sheriff physically handing documents directly to one spouse. Some people move, go into hiding and refuse to respond to their spouses.
In scenarios where one spouse can show that the other has intentionally avoided service or has gone into hiding, a judgment can authorize substituted service. After attempting standard service, the spouse filing for divorce can have their lawyers submit a motion to the courts requesting substituted service. If the courts agree that the filing spouse was diligent in their efforts to provide traditional service, a judge can then approve an alternate method of service.
There are several options available, including providing paperwork to a family member at their home, mailing the divorce documents to their last known address or publishing formal notice in a local newspaper. None of these options are available until a judge approves the request for substituted service.
If a judge agrees that there have been attempts to subvert the legal process by intentionally avoiding service, they may agree that alternate methods of service are necessary. Without a direct response from the served spouse, the filing spouse may eventually proceed with a default case where the courts approve the divorce based solely on their input without the involvement of the other spouse.
Individuals anticipating a contentious divorce process may benefit from discussing their concerns with a lawyer. Even when a spouse insists they will not divorce and makes every attempt to avoid the process, it is still possible to legally end an unhappy marriage in Connecticut.