Month: June 2019

A Secret from a Seasoned Divorce Attorney…

This Week’s Blog by Carole T. Orland.

What Might I Not Learn from my Friends About Divorce?

The dirty little secret in divorce cases is that the parameters of the likely outcome are relatively narrow. Connecticut is not a community property state where martial assets are automatically divided equally. However, the division of assets in most Connecticut settlements or Court awards will hover around 50%-50%, with some possible variation, such as 55%-45% or 60%-40%.

Likewise, child support is set by a formula contained in the Child Support Guidelines, which allow for some fairly standard deviations, and alimony typically is within a range that any reputable divorce attorney can estimate.

When it comes to children, most Parenting Plans are fairly routine and provide for a schedule that reflects the availability of each party to parent the children, unless a parent has some overriding behavioral issues including physical or emotional abuse, or substance or alcohol abuse.

 How Can I Learn More About the Parameters of a Likely Outcome in my Divorce?

When analyzing the asset division in your case, ask your attorney to provide you with a spreadsheet that will reflect the allocations of 50%-50%, 55%-45%, and 60%-40%. In many cases, the difference will not be substantial, relative to the size of the marital estate. In some cases, that difference will be neutralized by the fees and costs you will pay to pursue what you feel is a more favorable division. Have your attorney do a cost/benefit analysis.

With regard to child support, have your attorney run the Child Support Guidelines with probable scenarios. Again, you may see that the comparison is not all that significant.

Alimony can be a little trickier, especially since the enactment of the 2017 Tax Cuts and Jobs Act, which essentially eliminates the federal deduction for divorces after December 31, 2018. The rule of thumb and conventions previously employed to arrive at a reasonable alimony award are different now, but with sufficient data your attorney should be able to easily guide you as to a probable range.

Ask your attorney for input on your Parenting Plan. He or she should be able to advise you on a reasonable schedule and provide you with context as to what a Court would likely order.

How Can I Turn this Advice into an Advantage in my Divorce?

The real question is: why make divorce a war? Understandably, most people who are getting divorced harbor ill feelings about their spouse for various reasons. But being vengeful or vindictive likely will not significantly affect the bottom line. It will only ramp up emotions and drive up costs.

It is most important that you find an experienced divorce attorney who can educate you about the likely outcome. It will save you anguish, time, and money. And then hope that your spouse does the same!

At Broder & Orland LLC, we make a point of educating our divorce clients early on about the parameters of the likely outcome of their case. We draw on years of experience to provide context for settlements and trials. We also share documentation with our clients which quantify possible scenarios and comparisons so they can make well-informed decisions about their case.

What is Short Calendar?

This Week’s Blog by Nicole M. DiGiose.

What is the Short Calendar?

The Short Calendar is a mechanism for pending motions to be heard.  Once a motion has been filed in a case, it will appear on the Short Calendar.  Short Calendar occurs on a specific day each week, which will depend on the Judicial District in which your case has been filed, for example, Mondays in Stamford and Thursdays in Bridgeport.

 How Long does it Take for a Motion to Appear on the Short Calendar?

 Once a motion has been filed, it takes approximately two to three weeks to appear on the Short Calendar.

I Would like to Proceed with my Motion on Short Calendar – What Happens Next?

 The Short Calendar list becomes available approximately one to two weeks prior to the actual Short Calendar date.  Once the Short Calendar List becomes available, there is a period of time during which the available motions to be heard can be marked either “ready” or “off.”  In order to proceed with a motion at the Short Calendar, it must be marked “ready” during the marking period.  Once a motion has been marked “ready,” notice must then be sent to the other side.

 I am Unavailable or Unable to Proceed with my Motion on Short Calendar – What Happens Next?

 If you are unavailable or unable to proceed with your motion when it appears on the Short Calendar list, do not worry—motions may be reclaimed.  Reclaiming a motion will bring it back up to the next available Short Calendar.  Typically, motions may be reclaimed for a period of ninety days from their original file date before they are considered stale.

 What Happens at Short Calendar?

 When you first arrive at Short Calendar, your attorney will fill out a Memo to the Clerk.  This Memo indicates the status of the matter, such as: (a) whether you are requesting a continuance, (b) whether you have an agreement, or (c) whether you will need to proceed with a hearing.  Short Calendar days are usually the busiest days in the Courthouse and there will likely be some downtime while you are waiting to attend Family Relations or to have a hearing.

What is Family Relations?

 Family Relations is a free service offered by the Judicial Branch to assist the Court and parties in resolving disputes.  Prior to a contested matter being heard, the Judge will order counsel and the parties to attend Family Relations in order to attempt to resolve the dispute.  Meeting with Family Relations is generally mandatory.

 What Happens if Family Relations is Unsuccessful?

 Absent an agreement at Family Relations or otherwise, a Judge will need to conduct a full evidentiary hearing, after which he or she will render a decision, which could take up to one hundred and twenty days.

Will my Motion be Reached at Short Calendar?  What Happens if it is not Reached?

Short Calendar is reserved for “short” matters, typically those that will take about an hour or less.  If your matter is expected to take more than one hour, a judge will likely request that a date certain is obtained.  A date certain is a non-Short Calendar day on which the motion will be heard.

At Broder & Orland LLC, we attend Short Calendar throughout Connecticut, including Stamford, Bridgeport, Danbury, New Haven, and Hartford.  Our skilled attorneys will ensure that you are adequately prepared for when your motion appears on the Short Calendar.

What are the Top Five Mistakes to Avoid in a Connecticut Divorce?

This Week’s Blog by Jaime S. Dursht

What are the Top Five Mistakes to Avoid in a Connecticut Divorce?

The divorce process is fraught with emotion which can lead to making mistakes with long-term effects.  Each divorce is different, however, here are some common mistakes we divorce attorneys see.

Is it a Disadvantage not to Understand Your Financial Situation?

Yes.  It is important at the outset of the divorce process to have an understanding of your personal and household expenses, liabilities, income and what assets there are to divide.  This will help in setting reasonable expectations as to the outcome and will help in planning for financial security moving forward, which is the ultimate goal.  Take the time to gather information, review your bank and credit card statements, and if you are not financially literate, take steps to educate yourself with the basics.

Is it Better to Settle Early in the Process?

Not necessarily.   Divorce is a highly emotional time, and it is easy to become overwhelmed by acrimony and the desire to give in just to end the emotional trauma.  This could be a costly mistake, however, because depending on the assets involved, it may be well worth taking the time to discover and fully vet out the values of business interests, trusts, stock options and pension benefits which you may be entitled to share.

Is it Worth Arguing the Details?

Often the expense of the argument can exceed the value of what it is you are trying to achieve in the first place.  Try not to get caught up in minor wins and losses of the negotiation process when it comes to the smaller details of, for instance, the method of payment of co-pays at the pediatrician’s office or the percentage point split of reimbursement for extracurricular activities.   It may feel like an emotional triumph in the short term, but may not be worth the expense in the overall cost of the divorce.

Should I Seek the Advice of Family and Friends?

It is not a good idea to rely on the advice of family and friends regarding your own divorce however well-meaning it is intended to be.  Just because your friend got the house and lump sum alimony in her divorce does not mean that you will or even should.  Every divorce is different, and one person’s experience does not readily translate into another’s.

Is it Better to Act First and Ask Later?

No.  It is always better to check with your attorney before taking action, especially if you are in an angry or depressed frame of mind.  Acting on impulse, for example cutting your spouse off from credit card use or denying access to marital funds to limit spending, can have adverse legal consequences.  Not only do these particular actions risk a contempt finding by a court, but may end up costing you more just to rectify it in the end.

The attorneys at Broder & Orland LLC with offices in Westport and Greenwich, practice solely in matrimonial and family law, and have significant experience in counseling and developing an appropriate strategy to optimize the desired financial result.