Month: September 2016

LOCATING HIDDEN ASSETS IN A DIVORCE

In many divorces, particularly in Fairfield County, Connecticut, it is common for a party to suspect his or her spouse of hiding assets. Methods of hiding assets can be simple, such as filling a safe deposit box with valuables, or skimming cash from a small business. The less obvious methods of hiding assets are more frequently overlooked– such as pre-paying or over-withholding taxes, overpaying credit cards, using a corporate entity to conceal or transfer funds, establishing a trust to “shield” assets, or failing to disclose equity interests.

Top family lawyers who practice in towns such as Westport and Darien understand the possibility of undisclosed assets and take the necessary steps to discover them. For example:

Insist on a signed, sworn Financial Affidavit thirty days after the return date. Connecticut Practice Book Section 25-5(c)(1) requires the parties in an action for Dissolution of Marriage or Civil Union, Legal Separation, Annulment, or Application for Custody or Visitation, to complete and exchange sworn Financial Affidavit within thirty days of the return date. Believe it or not, this rule is often ignored and rarely enforced. There are instances where one spouse may take months to provide a signed, sworn Financial Affidavit, simply because they have not been pressured to comply with the Practice Book, and the Court is not made aware of the delay.

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CHILD CUSTODY IN GREENWICH, CT – PART 1

What will occur if the parties cannot agree is an expensive, long and drawn-out case in which the children will become directly involved.

· What is Legal Custody?

Often at a consultation, a client will walk in and tell us he/she wants custody of the children. However, what most people do not realize is that the overwhelming majority of divorcing couples throughout Connecticut have joint legal custody of their children. This is true even in some of the most contentious cases.

As any top divorce lawyer in Greenwich, Westport, Stamford, Darien, or New Canaan will tell you, legal child custody can generally be defined as the parent who is responsible for the major decisions that impact the well-being of the children. More specifically, legal child custody in Connecticut is based on who makes health, education, and religious decisions concerning the children. At Broder & Orland LLC, we find that most people actually agree on these issues. For example, if the children are doing well and are happy in their current school, there is no education issue to address. Further, people generally agree to follow the child’s pediatrician or appropriate physician’s advice in caring for his/her health and medical well-being. With regard to religion, a child is often already involved, or not involved, with a religion. We rarely see disagreements in this area.

· Who becomes involved in Child Custody Cases?

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Broder & Orland LLC sponsors the Tiny Miracles “A Wild Family Event” at Connecticut’s Beardsley Zoo, September 18, 2016

The Tiny Miracles Foundation is a volunteer-based non-profit organization dedicated to providing comprehensive support and assistance to families with premature infants in the greater Fairfield County area, and to helping local neonatal intensive care units (NICUs) provide the best possible care for premature patients and their families.

WHEN THE DIVORCE GETS DOWN TO POTS AND PANS…LITERALLY.

Top divorce lawyers who handle Greenwich cases know all too well that the division of personal property can end up being the most emotional part of the case. It seems incomprehensible that divorces where a party is a high earning hedge fund or private equity professional devolve over who keeps what art, furniture, antiques, and yes…in some cases, pots and pans!

Experienced lawyers, who practice in Greenwich, know that the battle is really not so much about these material possessions, but rather a vindictiveness resulting from unresolved marital discord or an inability to let go of the marriage, even if it was a bad one.

Courts loathe to waste precious time assigning personal property for obvious reasons. Arbitration for determining who gets what is sometimes used as a last resort when all other attempts to work out personal property fail. Typically, this involves the parties employing a neutral person, often another attorney, to break the logjam.

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