Guides
Serving a spouse you cannot find: the order of notice
General information about Connecticut court procedure, not legal advice.
A divorce cannot move forward until the other spouse has notice of it. When your spouse lives out of state, has left Connecticut, or cannot be found at all, the standard marshal service does not work, and Connecticut has a procedure for exactly this: the order of notice. This guide covers when it applies, what you ask the court for, and the rule that decides whether your case can proceed.
When this procedure applies
The order of notice is available on a complaint for divorce, legal separation, or annulment, and on a custody or visitation application, when the other party lives outside Connecticut, is absent from the state, or their whereabouts are unknown to you.
What you ask for
You ask the court for an order of notice: a judge or clerk decides what form of notice is reasonable in your situation and orders it. Publication in a newspaper is the method the rules expressly regulate; beyond that, the judge orders the method of notice that fits the case. The clerk's office has the request form and can tell you what to file with it.
The request states your search
The court is deciding what is reasonable, and the request states what you did to find the other party. Gather the facts before you file: the last address you have and when it was current, how you have tried to reach your spouse, calls, messages, mutual contacts, and anything you know about where they might be. The more complete your account, the better the court can shape an order of notice that might actually reach them.
If notice is by publication
A published notice does not print the automatic orders. Instead, it states that automatic orders have issued in the case and are set forth in the complaint or application on file with the court. The published notice tells your spouse a case exists; the court file holds the rest.
The rule that decides everything: actual notice
After the ordered notice is given and proved, the court may hear your case if it finds the other party actually received notice that it is pending. If actual notice is not proved, the court can still choose to hear the case, or it can pause it and order further notice. Aim the notice where it has a real chance of landing.
What happens next
Once notice is complete and proved, the case proceeds on the usual track, and the deadlines that run from the Return Date apply. Our guide on starting a divorce covers that track. Keep proof of every step: the order, what was published or mailed and when, and anything showing your spouse learned of the case.
Where to get help
Connecticut's Court Service Centers offer free help for self-represented parties. The clerk's office can answer questions about procedure but cannot give legal advice. Legal aid organizations serve people who qualify. If you want legal advice, talk to a licensed Connecticut attorney.
ProSay is not a law firm and does not provide legal advice. ProSay is a self-help document preparation service.