A married couple is divorced in Connecticut when a judge of the Superior Court “dissolves” the marriage. Typically, dissolution occurs at the conclusion of a courtroom ceremony called a final uncontested hearing. Typically too, the judge enters orders covering the couple’s property, income, and children. Each former spouse leaves the courthouse as a single unmarried person with the assumption they will never return. But is the final hearing really the end of the court case?
Sometimes yes and sometimes no.
The dissolution of the marriage is final. A dissolved marriage cannot be restored by a court simply because one or both former spouses have changed their minds and wish to reconcile. This rule of law reflects the goal of finality of divorce. Finality of court orders is beneficial as it allows each spouse to move forward with and plan their own post divorce independent lives.
Similarly, property division orders, meaning how a family’s assets and debts are divided, with limited exception, are final. They cannot be changed.
As we know however, life is not stagnant. It changes – sometimes as we expect or anticipate. Often though change is surprising in magnitude and manner. Recognizing the benefit of flexibility to divorced families, especially when children are involved, another rule of law allows certain categories of final hearing court orders to be revised or modified.
For example, child support and alimony orders are often modified when a former spouse loses a job, receives a demotion at work, obtains a new higher paying position or bonus, becomes ill or remarries. A change in a child’s health or educational costs, child care needs, or a change in custody of the child may justify a child support modification as well.
To protect and advance the best interests of children of divorce, custody and visitation orders are essentially always modifiable. Many life changes may justify a modification including: aging of the child; remarriage of a parent; relocation of either parent; school success or challenges of the child; health difficulties of either parent, the child or his siblings; substance abuse by a family member; a parent’s return to the workforce or new job; development of a child’s talent or activity.
Fortunately, the ability to modify court orders is not limitless. Instead, recognizing the need to balance finality with flexibility, typically court orders will be modified only if the change justifying the modification is substantial.
