Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceThis section lets a judge or clerk order whatever notice is reasonable when the adverse party is out of state or cannot be found, keeps the automatic orders out of a published notice, and lets the court hear the case only on proof of actual notice or a further order.
(a)On a complaint for dissolution of marriage or civil union, legal separation, or annulment, or on an application for custody or visitation, when the adverse party resides out of or is absent from the state or the whereabouts of the adverse party are unknown to the plaintiff or the applicant, any judge or clerk of the court may make such order of notice as he or she deems reasonable. If such notice is by publication, it shall not include the automatic orders set forth in Section 25-5, but shall instead include a statement that automatic orders have issued in the case pursuant to Section 25-5 and that such orders are set forth in the complaint or the application on file with the court. Such notice having been given and proved, the judicial authority may hear the complaint or the application if it finds that the adverse party has actually received notice that the complaint or the application is pending. If actual notice is not proved, the judicial authority in its discretion may hear the case or continue it for compliance with such further order of notice as it may direct.
(b)With regard to any postjudgment motion for modification or for contempt or any other motion requiring an order of notice, where the adverse party resides out of or is absent from the state any judge or clerk of the court may make such order of notice as he or she deems reasonable. Such notice having been given and proved, the court may hear the motion if it finds that the adverse party has actually received notice that the motion is pending.
End
Amendment History
(P.B. 1978-1997, Sec. 461.) (Amended June 28, 1999, to take effect Jan. 1, 2000; amended June 26, 2006, to take effect Jan. 1, 2007.)
Plain-English Summary
Where the adverse party lives out of state, is absent from it, or cannot be located, any judge or clerk may make such order of notice as they deem reasonable. That is the mechanism for reaching someone the marshal cannot.
Publication is handled carefully. A notice by publication must NOT set out the automatic orders themselves. Instead it states that automatic orders have issued under Section 25-5 and that they appear in the complaint or application on file with the court. A newspaper notice reaches the whole world, and the orders are a detailed set of personal restrictions.
Actual notice still matters. Once notice has been given and proved, the court may hear the case if it finds that the adverse party actually received notice that it is pending. If actual notice is not proved, the court may in its discretion hear the case anyway or continue it for compliance with a further order of notice.
The same power applies after judgment: for a motion for modification or contempt, or any other motion requiring an order of notice, where the adverse party is out of or absent from the state, a judge or clerk may order reasonable notice, and the court may hear the motion on finding that the party actually received notice.
Frequently Asked Questions
How do I serve a divorce in Connecticut when I cannot find my spouse?
Any judge or clerk may make such order of notice as they deem reasonable where the adverse party resides out of or is absent from the state, or their whereabouts are unknown.
Do the automatic orders appear in a published notice?
No. A notice by publication states that automatic orders have issued under Section 25-5 and that they are set forth in the complaint or application on file with the court.
Can the court proceed if the other party never actually got notice?
If actual notice is not proved, the judicial authority may in its discretion hear the case or continue it for compliance with such further order of notice as it directs.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 25-28). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
Also known as:order of notice Connecticut divorcePractice Book section 25-28service by publication divorce CTspouse cannot be found divorce Connecticut