Sec. 46b-47. (Formerly Sec. 46-40). Complaint for dissolution of marriage on ground of confinement for mental illness; procedure.
Sec. 46b-47. (Formerly Sec. 46-40). Complaint for dissolution of marriage on
ground of confinement for mental illness; procedure. (a) A copy of the writ and
complaint in an action or cross action for dissolution of marriage or legal separation on
the ground of confinement for mental illness shall be served on the adverse party, on
the conservator, if any, and on the Commissioner of Administrative Services at Hartford.
Service on the conservator, if resident outside the state, and on the commissioner, may
be made by registered or certified mail. If the adverse party is confined in any other
state, a copy shall be served on the superintendent of the institution in which the adverse
party is confined.
(b) If the conservator does not appear in court, or if the adverse party has no conservator, the court shall appoint a guardian ad litem for the adverse party.
(c) On motion of either party, the court shall appoint two or more psychiatrists who
are diplomates of the American Board of Psychiatry and Neurology and who are not
on the staff of any state hospital for mental illness, who shall investigate the mental
status of such person. Within a reasonable time thereafter, the psychiatrists shall report
to the court the facts found by them together with their opinion as to the probability of
further indefinite prolonged hospitalization for the mental illness. The testimony of no
psychiatrists other than those appointed by the court shall be received upon the trial of
such action.
(d) The fees and expenses of the psychiatrists and of the guardian ad litem shall be
fixed by the court and shall be paid by the plaintiff.
(1949 Rev., S. 7331; 1951, S. 3003d; 1957, P.A. 502, S. 2; P.A. 73-373, S. 11; P.A. 74-169, S. 7, 18; P.A. 75-420, S.
4, 6; P.A. 77-614, S. 521, 610; P.A. 78-230, S. 25, 54.)
History: P.A. 73-373 substituted actions for "dissolution of a marriage" for "divorce" actions; P.A. 74-169 applied
provisions to legal separations and to cross actions and substituted "adverse party" for "defendant"; P.A. 75-420 replaced
welfare commissioner with commissioner of social services; P.A. 77-614 substituted commissioner of human resources
for commissioner of social services, effective January 1, 1979; P.A. 78-230 divided section into Subsecs., restated provisions
and substituted commissioner of administrative services for commissioner of social services, negating name change called
for by P.A. 77-614; Sec. 46-40 transferred to Sec. 46b-47 in 1979.
Annotations to former section 46-19:
Cited. 4 CS 249. When defendant confined outside state, both superintendent and commissioner of welfare must be
served. 17 CS 410.