A Connecticut divorce starts with a Summons.
And the language of the Summons sets the tone for an adversarial process.
For example:
Notice to the Defendant. Who wants to be a Defendant? Defendants tend to get defensive.
You are being sued. Huh? What now? For what?
This paper is a Summons in a lawsuit. Oh sh#t!
The Complaint attached to these papers states the claims the Plaintiff is making against you. Great. Here we go……
Oh – and then for good measure the caption of the Complaint states:
Alice Kramden, Plaintiff versus Ralph Kramden, Defendant.
The Honeymooners makes my top five list of greatest TV shows ever. It would be priceless to see Ralph get served with a divorce!
Couldn’t the lawsuit be started by using softer, less adversarial terms?
Sure it could.
Here’s how:
Do not call it a lawsuit. Lawsuits are for other types of litigation – like when you get rear ended in a car accident. (I do realize that some spouses think they got rear ended in their marriage). How about calling it a proceeding rather than a lawsuit?
Get rid of the Plaintiff and Defendant labels. Petitioner and Respondent are better but why not just use Husband and Wife? It will be easier for everyone to know who is who in court, with motions, agreements etc. For non-married couples use Mother and Father. For same-sex couples maybe use Partner (for plaintiff) and Domesticated Partner (for defendant). But I am not married to these terms – it can be figured out.
Eliminate “versus”. For example, use In the Marriage of Kramden. Or make the caption similar to a Probate case like In re: Kramden.
Scrap the “claims against you language.” Substitute this language: “As part of this proceeding the Wife is making certain requests which are set forth in the attached Complaint.” This provides sufficient notice.
The courts have made an effort to reduce the use of the terms custody and visitation in favor of more descriptive terms like parenting plans, decision-making authority and parenting time. These proposed amendments are consistent with that trend.