Can you reopen divorce proceedings in Connecticut? It is not easy but in certain situations, it is possible.
A non-appearing party may file a motion to reopen a divorce or family judgment within four (4) months. The court will listen to the reason the party did not appear in court when judgment was rendered. Usually, it concerns lack of notice or other exceptional circumstances, which prevented the party from having “their day in court.”
After four months has passed, a judgment can only be reopened if it is shown that the judgment was obtained by fraud, based upon a mutual mistake of the parties or the court lacked jurisdiction to render. a judgment.
The most common of these is fraud. Examples of fraud include, failing to disclose assets or misrepresenting relevant financial information.
There are two stages if fraud is alleged.
The first is the moving party must establish “probable cause” that fraud existed. This is not a full hearing but only a request that the court open the judgment for the limited purpose of conducting discovery.
If discovery is permitted, then another (second) hearing will be scheduled for the moving party to establish that there was indeed fraud.
For a judgment to be reopened based on fraud the following must be established:
1. Fraud existed during the divorce;
2. The party complaining about the fraud relied on the misrepresentations during the divorce process; and
3. The outcome of the case would have been different if there was no fraud.
Therefore, not every fraud will be enough to reopen a divorce judgment.
However, if fraud is found, the whole case could potentially be reopened and new orders entered. Extensive preparation and evidence is required. Obviously, the stakes are high.
I represent clients in divorce and Family Court matters though out Fairfield and New Haven County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford, Greenwich, Shelton, Orange and Milford.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 to schedule a consultation to reopen divorce cases in Connecticut.