Can you re-open 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 re-opened if it is shown that the judgment was obtained by fraud, based upon a mutual mistake of the parties or was a judgment, which the court lacked jurisdiction to render.
The most common of these is fraud. Examples of fraud include, failing to disclose assets or misrepresenting relevant financial information.
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 is there was no fraud.
Therefore, not every fraud will be enough to reopen a divorce judgment.
If fraud is alleged, the Court will allow a limited hearing to consider whether fraud existed. If fraud, the whole case could potentially be re-opened and new orders entered. Extensive preparation and evidence is required. Obviously, the stakes are high.
I represent clients in divorce and Family Court matters estate planning 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 concerning re-opening a divorce case in Connecticut.