Default Divorce in Connecticut: What If Your Spouse Does Not Respond?

When Default Applies

A default divorce becomes available when your spouse fails to file an Appearance (JD-CL-12) after being properly served with divorce papers. In Connecticut, the defendant has 20 days after the Return Date to file an Appearance if served in hand, or 25 days if served by abode service (papers left at their residence).

If those deadlines pass and no Appearance is filed, your spouse has essentially declined to participate in the case. You can move forward without their involvement.

This does not mean your spouse agreed to everything in your complaint. It means they chose not to show up, and the court allows you to proceed unilaterally.

The 30-Day Waiting Rule

You cannot immediately file for a default judgment. Under C.G.S. § 46b-67(a), at least 30 days must pass after the Return Date before you can file a Motion for Entry of Judgment Upon Default of Appearance.

This 30-day period gives the defendant additional time to engage. Some spouses are slow to respond rather than deliberately uncooperative — they may have been traveling, dealing with a crisis, or simply procrastinating. The waiting period is a safeguard against premature default judgments.

Timeline example: If your Return Date is April 1, the earliest you can file the default motion is May 1. If you served by abode service and the defendant's 25-day Appearance window has not closed by May 1, you need to wait for both deadlines to pass.

Filing the Motion for Default

Once the 30-day period expires, you file a Motion for Default for Failure to Appear with the court. The motion states that the defendant was properly served, that the deadline to file an Appearance has passed, and that no Appearance has been filed.

You must attach:

• Proof of valid service (the marshal's Return of Service)
• A copy of your original complaint
• Your current Financial Affidavit (JD-FM-6)

The Default Hearing

After the court grants your default motion, it schedules a short hearing — typically 15 to 30 minutes. You appear before a judge and present:

• Your testimony confirming the facts in the complaint (grounds, residency, marriage date)
• Your Financial Affidavit showing income, expenses, assets, and debts
• Your proposed terms for the divorce (property division, support, custody if applicable)

Since your spouse is not participating, the judge reviews your proposal for basic fairness. The court is not simply rubber-stamping your request — the judge has a duty to ensure the terms are equitable, especially regarding children. If the judge finds your proposal unreasonable, they can modify the terms or order additional information.

If everything checks out, the judge enters a final decree based on your testimony and proposed terms.

Military Service Protections

Before the court can enter a default judgment, you must address the Servicemembers Civil Relief Act (SCRA). This federal law protects active-duty military members from having default judgments entered against them while they are serving.

You must file an affidavit stating either:

• Your spouse is not in active military service (and how you verified this — the Department of Defense maintains a free online verification tool)
• Your spouse is in active military service, in which case the court must appoint an attorney to represent their interests before proceeding

Failing to file this affidavit can result in the default judgment being set aside later, even years after the divorce was finalized.

What If Your Spouse Appears Late?

If your spouse files an Appearance after the deadline but before you file the default motion, the court typically allows them to participate. Courts generally prefer resolving cases on the merits rather than on procedural defaults.

If your spouse appears after you have already filed the default motion — or even after the default judgment is entered — they can file a Motion to Open Judgment. The court will evaluate whether there was good cause for the delay (illness, military service, lack of actual notice) and whether opening the judgment would be in the interest of justice. If the court grants the motion, the default is vacated and the case proceeds as a regular contested or uncontested matter.

When Your Spouse Cannot Be Found

If you cannot locate your spouse at all, the marshal cannot execute service. In this situation, you file a Motion for Alternative Service, asking the judge to authorize service by certified mail or by publication in a newspaper where your spouse was last known to live.

Publication adds time — most newspapers require several weeks of lead time, and the court may require multiple publications — but it allows your case to proceed. After publication, you can pursue a default judgment if your spouse still does not respond.

The Connecticut Divorce Filing Process Guide covers the complete default process — from calculating your earliest filing date through preparing for the default hearing — with worksheets for organizing the evidence you need to present to the judge.

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