Section 25-51.When Motion for Default for Failure To Appear Does Not Apply

Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026

In one sentenceThis section lets a plaintiff proceed to judgment where the defendant has not appeared, and disapplies the ordinary motion-for-default rule in dissolution, legal separation and annulment cases.

Full Text of Section 25-51

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If, in any case involving a dissolution of marriage or civil union, legal separation, or annulment, the defendant has not filed an appearance, the plaintiff may proceed to judgment in accordance with Section 25-50A and General Statutes § 46b- 67. Section 17-20 concerning motions for default shall not apply to such cases.

End

Amendment History

(P.B. 1998.) (Amended June 26, 2006, to take effect Jan. 1, 2007; amended June 12, 2015, to take effect Jan. 1, 2016; amended June 14, 2024, to take effect Jan. 1, 2025.)

Plain-English Summary

In a dissolution, legal separation or annulment case where the defendant has not filed an appearance, the plaintiff may proceed to judgment under the Pathways section and the statute it cites. The ordinary rule about motions for default for failure to appear does not apply to such cases.

The reason is structural. In most civil cases a default is what unlocks judgment against an absent defendant; in a divorce, the statutory route in Section 25-50A does that work instead, and requiring a default motion as well would add a step without adding protection.

Frequently Asked Questions

Do I need a motion for default in a Connecticut divorce if my spouse never appears?

No. The plaintiff may proceed to judgment under Section 25-50A and the statute it cites, and the general rule on motions for default does not apply to such cases.

Source & verification. The section text is reproduced verbatim from the official Connecticut Practice Book (Conn. Practice Book § 25-51). 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: default divorce Connecticut spouse never appearedPractice Book section 25-51proceeding to judgment without appearance CT