Month: October 2016

RELOCATING WITH A MINOR CHILD: “MUST I STAY OR CAN I GO”?

One of the thorniest issues that can arise between divorced parents occurs when one parent wishes to relocate with a minor child after child custody orders have been entered as part of a divorce judgment. Perhaps the parent wishing to relocate has landed her dream job in a far-away city or wants to move closer to family. Perhaps he is remarrying and wishes to live with his soon-to-be new spouse who resides elsewhere with her own children.

The reality is that a Connecticut parent wishing to relocate with a minor child after entry of custody orders (whether to another state or even a significant distance within Connecticut) has substantial and challenging legal hurdles to overcome if the other parent opposes the move. In such circumstances, the parent wishing to relocate must obtain approval from a Court, and Connecticut statutory law sets forth a particular analysis that Courts must employ when considering a relocation Motion.

Continue reading “RELOCATING WITH A MINOR CHILD: “MUST I STAY OR CAN I GO”?”

EXCLUSIVE OCCUPANCY

In many divorce cases, one party voluntarily moves out of the marital home, leaving the other party with exclusive use and occupancy of the premises. The much more likely scenario, however, is that both parties refuse to voluntarily vacate the marital home, often due to their desire to remain with the children and/or a lack of financial resources to maintain two residences. In such situations, often one party will file a Motion for Exclusive Possession asking the court to order the other party to vacate the premises.

As top divorce attorneys in Greenwich, Westport, Stamford, Darien, or New Canaan will tell you, the party moving for exclusive possession is required to indicate the grounds upon which he or she is seeking such a remedy. While no specific grounds have been established for granting exclusive possession of the marital home, there are some factors that the courts have considered more than others.

One factor that the courts have considered when deciding on a motion for exclusive possession is the nature of the relationship between the parties. For example, the mere fact that the parties dislike each other is typically not sufficient to justify exclusive possession of the marital home. However, the courts may be inclined to order exclusive possession of the marital home where the conditions indicate the existence of physical or psychological abuse between the parties, particularly in the presence of minor children.

Continue reading “EXCLUSIVE OCCUPANCY”

Attorneys Carole Topol Orland and Eric J. Broder have been selected to the Connecticut Super Lawyers® List in the area of Family Law, October 18, 2016.

Super Lawyers® selects outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Each year, no more than 5% of the lawyers in the state are selected to receive this honor; Super Lawyers Selection Process. The annual selections are made through a process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area, resulting in a credible, comprehensive and diverse listing of exceptional attorneys.

Super Lawyers – Broder & Orland LLC

Attorneys Lauren M. Healy, Sarah E. Murray and Christopher J. DeMattie have been chosen to the Super Lawyers® Rising Stars® List in the area of Family Law, October 18, 2016

Broder & Orland LLC congratulates its outstanding lawyers. To be eligible for inclusion in Super Lawyers® Rising Stars® list, a candidate must be either 40 years old or younger or in practice for 10 years or less. No more than 2.5% are named to the Rising Stars® list.

Super Lawyers – Broder & Orland LLC

WHAT DIVORCE PROCESS IS RIGHT FOR ME? PART I – MEDIATION

Divorce touches almost every family in our state. According to statistics published by the Judicial Branch from the time period of July 1, 2013 to June 30, 2014, nearly 33,000 family cases were added to the already crowded docket. Just as no two marriages are the same, no two divorces are the same either. If you are a person living in Greenwich, Westport, Stamford, Darien, or New Canaan contemplating divorce, you have several options to choose from. Generally, the options fall into four main categories: (1) Mediation, (2) Collaborative, (3) Litigation, and (4) Alternative Dispute Resolution (“ADR”). At Broder & Orland LLC, we counsel individuals as to the positives and negatives of each category. This four (4) part series will discuss some of those points, starting with mediation.

MEDIATION

In strict mediation, the divorcing couple works with a neutral mediator whose job is to help facilitate and/or broker a comprehensive agreement on all issues related to the divorce including legal custody, physical custody, alimony, child support, housing, division of bank, brokerage, and retirement accounts, and the division of personal property.

Theoretically, this is the most idealistic of the main categories because it involves the couple working together to resolve their issues outside of the courtroom in an expeditious manner at a minimal cost. However, in application, mediation often does not follow the idealistic path. Generally, for a mediation to be successful, each spouse needs to (a) fully trust one another, (b) be on equal footing with regard to knowledge of his/her finances, and (c) be invested in truly wanting to get divorced.

Continue reading “WHAT DIVORCE PROCESS IS RIGHT FOR ME? PART I – MEDIATION”

MODIFICATION OF ALIMONY IN CONNECTICUT BASED ON COHABITATION

What happens to alimony if the alimony recipient lives with a significant other after the divorce? This is one the more common questions we at Broder & Orland, LLC hear from our clients, as cohabitation after divorce is becoming more common in Fairfield County, Connecticut. Typically, alimony ends upon the remarriage of the alimony recipient. What happens if the alimony recipient decides to live with a significant other rather than get remarried is a more complicated issue.

Top divorce lawyers in Greenwich, Stamford, Darien, New Canaan, and Westport know that, unless the parties agree otherwise or a judge orders otherwise as part of the final orders in a divorce case, alimony orders are modifiable based on the cohabitation of the alimony recipient. Those paying alimony need to know what their rights are in the event that an ex-spouse is cohabiting. Likewise, those receiving alimony need to be aware that living with a partner after the divorce could put their alimony award at risk.

In Connecticut, we have what divorce lawyers refer to as a “cohabitation statute,” though the statute itself does not use the word “cohabitation.” Connecticut General Statutes Section 46b-86(b) says:

Continue reading “MODIFICATION OF ALIMONY IN CONNECTICUT BASED ON COHABITATION”