Category: Divorce

Can I Appeal My Connecticut Family Law Case?

This Week’s Blog by Sarah E. Murray

The Judge Issued a Decision in My Connecticut Family Law Case: Can I Appeal?

In Connecticut, you have the right to appeal a final judgment entered by a trial court.  Common final judgments subject to appeal in family law cases are final judgments from orders dissolving the marriage, including permanent orders regarding alimony, child support, and custody, and orders regarding the division of assets.  Post-judgment decisions, such as those regarding the modification of alimony, child support, and custody, are also appealable.

When Must I File My Appeal?

The deadline for filing an appeal is no later than twenty days after the court issues notice of its decision.  It is not advisable to wait until the last day to appeal, as missing the deadline, even inadvertently, can be fatal to your appeal.  Therefore, you should seek the advice of an appellate practitioner who does family law appellate work immediately after receiving a decision from the trial court.

My Ex-Spouse is Filing an Appeal: Do I Need to Do Anything?

If you are not the person appealing the decision, you need to ensure that your rights are protected during the pendency of the appeal.  You should consult with an appellate lawyer in order to understand the basis for your former spouse’s appeal, any potential weaknesses in the judge’s decision that make the decision vulnerable to being overturned on appeal, and what your best arguments in defense are.

In What Court is an Appeal Decided?

Most appeals are heard by the Connecticut Appellate Court.  Rarely, a case will be reviewed by the Connecticut Supreme Court without being heard first by the Appellate Court.  Direct review of a trial court decision by the Connecticut Supreme Court can sometimes occur when there is an issue that has never been decided by Connecticut Appellate Court or the Connecticut Supreme Court, when there is conflicting law on a particular subject matter, or when there is a matter of public importance worthy of decision by the Connecticut Supreme Court.

Will the Appeal be Similar to the Trial?

The appellate process is very different from the trial process.  There is no new evidence or new testimony at the Appellate Court.  Each party submits thorough briefs outlining the facts of the case and the legal arguments in support of his or her positions.  The briefs are based on the record, consisting of the testimony from the trial court proceedings and any exhibits submitted to the trial court.  The appellant, i.e., the person taking the appeal, submits his or her brief first.  After the appellee submits his or her brief, the appellant has the opportunity to file a Reply Brief.  After all of the briefs are submitted, the Appellate Court will schedule a date for oral argument before a panel of Appellate judges.  At the Appellate Court, the panel typically consists of three judges.  At the Supreme Court, the panel consists of seven justices.   A party may attend oral argument, but is not required to do so.  After oral argument, the Appellate Court (or Supreme Court, as the case may be) will issue its Decision in writing.  The Decision is usually released several months after oral argument takes place.

How Long Will My Connecticut Appeal Take?

The appellate process in Connecticut can take several months, at least.  Some appeals can last over one year.

Can My Case Be Settled While an Appeal is Pending?

Your case can be settled at any time before the appeal is decided by the Appellate Court. Experienced litigators will explore potential avenues for settlement, if possible, in order to avoid the expense and time of an appeal.  In most family law cases, the Appellate Court will schedule the case for a Preargument Conference prior to briefs being due.  The Preargument Conference is a confidential settlement opportunity that takes place with an experienced judge who will meet with counsel for both parties and attempt to help the parties reach a settlement.  Whether you and your ex-spouse reach a settlement through the Preargument Conference or on your own, you can prepare a settlement agreement and the appeal can be withdrawn once the settlement is approved by the trial court.

Broder & Orland LLC provides appellate representation in addition to litigating at the trial court level.  If you are contemplating an appeal, contact Sarah E. Murray, Esq., Chair of the firm’s Center for Family Law Appeals.

Top 10 Songs About Divorce

This Week’s Blog by Eric J. Broder

In a recent “water-cooler” office conversation, my office was discussing a number of songs that have been written about divorce. After an entertaining discussion, and in no particular order, here are a few of the more well-known songs and key lyrics, which certainly warrant a listen if you are going through the process. Warning: if you watch some of these videos on YouTube, make sure you have tissues nearby.

“We Just Disagree” by Dave Mason

So let’s leave it alone, ‘cause we can’t see eye to eye

There ain’t no good guys, there ain’t no bad guys

There’s only you and me and we just disagree

“Divorce Separation Blues” by The Avett Brothers

I’ve got the tough education

No celebration

Bad communication

Worse interpretation

Love deprivation

Pain allocation

Soul devastation

Cold desolation

Life complication

Resuscitation

Divorce separation blues

“D-I-V-O-R-C-E” by Tammy Wynette

And he thinks C-U-S-T-O-D-Y spells fun or play

“Broken Home” by Papa Roach

Can’t seem to fight these feelings

Caught in the middle of this

My wounds are not healing

Stuck in between my parents

Broken home! Broken home!

“Stay Together For The Kids” by Blink 182

Their anger hurts my ears

Been running strong for seven years

Rather than fix the problems

They never solve them

It makes no sense at all

I see them everyday

We get along, so why can’t they

“The Winner Takes it All” by Abba

The judges will decide

The likes of me abide

Spectators of the show

Always staying low

“Highway 20 Ride” by the Zac Brown Band

A day might come and you’ll realize that if you could see through my eyes

There was no other way to work it out

And a part of you might hate me

But son please don’t mistake me for a man that didn’t care at all

“Broken Home” by Five Seconds of Summer

I’m here alone inside of this broken home

Who’s right, who’s wrong

Who really cares?

The fault, the blame, the pain’s still there

I’m here alone inside of this broken home, this broken home.

“Every Other Weekend” Reba McEntire

Let’s go see dad

Same time in the same spot

Corner of the same old parking lot

Half the hugs and kisses there are always sad

We trade a couple words and looks

And kids again

Every other weekend

“Doesn’t Anybody Stay together Anymore” by Phil Collins

Well one says white and the other one black

It’s the same old story…Doesn’t anybody stay together anymore?

The attorneys at Broder & Orland LLC are experienced in handling divorce issues with understanding and sensitivity. We strive to meet all of our client’s individual needs.

Mediation in Divorce Cases

This Week’s Blog by Carole T. Orland

What is Mediation in the Context of Divorce?

Mediation can be a helpful approach in certain divorce cases. Typically the mediator is a lawyer who objectively tries to help resolve your case or specific issues within the case.

Are There Different Kinds of Divorce Mediations?

Yes.  Sometimes the parties hire a divorce mediator before either one has filed for divorce or shortly thereafter. Often the reason is that they are desirous of an amicable process and resolution at a moderate cost.

In other instances, the parties litigate the divorce with counsel and at some point decide they want assistance in settling the case, typically before trial. In this model, they usually hire a retired judge or elder statesman of the bar to conduct a session with the parties and counsel. This process can last anywhere from several hours to a full day.

On occasion, parties who are represented by counsel may hire a mediator near the beginning of the case to help resolve disputes as the case is litigated.

Is Mediation the Opposite of Litigation?

Not necessarily. As described above, mediation is often done in the context of litigation. Litigation is not necessarily a scary term and does not have to be contentious or nasty. It is often a conventional way of moving the divorce process along. In some instances it can be easier, quicker, and less expensive than mediation.

When Does Mediation Without Counsel Work Best?

If the parties have trust in each other and share the same objective and timetable for resolving their divorce, mediation can be a good approach. Of course, it is key to hire a reputable, experienced mediator. 

When Does Mediation Not Work Best?

Often, trust has eroded leading up to divorce. Also, sometimes the parties are on such unequal footing with regard to an understanding of financial issues, that the well informed party has an inherent advantage to the detriment of the other party. A common refrain is: “Let’s go to mediation. We will avoid lawyers and save money. We can work this out!” Sometimes, that obfuscates the underlying motive of trying to “put one over” on the other party. A failed mediation can be a real detriment to ultimately resolving the divorce as it can be a waste of time and money, as well as a disappointment when it is perceived that a spouse has not acted in good faith.

Is Mediation a Good Approach to Resolving the Part of the Case Relating to Child Custody and Parenting Time?

It can be. Good divorce lawyers make it their business to resolve custody and parenting issues at the beginning of the case. But an alternative might be that the parties resolve these issues on their own with a mediator. In that case, the mediator may be a mental health professional, such as a family therapist.

What Does it Mean to Have a Mediation Coach or Review Counsel?

Most of the time, parties who hire a mediator on their own will also separately hire lawyers to coach them as to divorce laws, strategy, and outcomes. They also may hire review counsel to review the Separation Agreement drafted by the mediator. The coach and review counsel are often the same person. This adds another layer to the process and additional cost. There is also the potential that review counsel’s opinions may de-rail the process at the end of mediation. It is important for parties to stress to their review counsel that they are not looking to re-write the proposed Separation Agreement, but rather looking for any potential minefields.

At Broder & Orland LLC, with offices in Westport and Greenwich, CT, we are experienced in all forms of divorce mediation. We act as mediators for parties who have or do not have counsel, and attend mediation with our clients in many of the cases we litigate.

Issues Related to the Marital Residence During a Divorce

This Week’s Blog by Nicole M. DiGiose

Can I Change the Locks of the Marital Residence When I Start a Divorce?

Generally, no.  Once a dissolution of marriage action is commenced, the Automatic Orders go into effect. Paragraph B(8) of the Automatic Orders prohibits either party from denying the other party use of the parties’ current primary residence without an order of the Court, so long as the parties are living together on the date of service of the Automatic Orders.  However, parties are free to agree, or the Court may order that one party have exclusive possession of the marital residence during the pendency of the action.  In those situations, the locks may be changed.

Can the Marital Residence be Sold During a Divorce?

Yes, but only by agreement of the parties or an order of the Court.  Paragraph B(1) of the Automatic Orders prohibits either party from selling, transferring, exchanging, assigning, removing, or in any way disposing of any property during a dissolution of marriage action, except in the usual course of business, for usual and customary household expenses, or for reasonable attorney’s fees in connection with the dissolution of marriage action, absent a written agreement of the parties, or an order of the Court.

What if my Spouse doesn’t Agree to Selling the Marital Residence During a Divorce? 

Absent a written agreement of the parties, either party may petition the Court for relief from the Automatic Orders.  It is unusual, however, for the Court to order the house to be sold while the divorce is pending.  If the Court made such an order, it would likely order that the net proceeds of sale be held in escrow until the divorce is final, as the Court cannot assign assets until that time.

Does Voluntarily Vacating the Marital Residence Hurt my Chances of Retaining it in the Division of Property? 

No.  There is a difference between occupancy and ownership.  While one party may occupy the marital residence during the pendency of the divorce, it doesn’t necessarily mean that that party will be awarded it in the overall division of property.  At the time of entering a decree dissolving the parties’ marriage, the Court may assign to either party all or any part of the parties’ estate.  The Court may pass title to real property to either party or a third party, or may order the sale of such real property.  Pursuant to General Statutes Section 46b-81, the Court shall consider various factors in fixing the nature and value of the property, if any are to be assigned.  Such factors include, but are not limited to, the length of the marriage, the causes for the breakdown of the marriage, and the age, health, station, and occupation of the parties.  The Court shall also consider the estate, liabilities and needs of the parties and the opportunity for each party for future acquisition of capital assets and income.  Finally, the Court shall consider the contribution of each of the parties in the acquisition, preservation, or appreciation in value of their respective estates.

Does Voluntarily Vacating the Marital Residence Impact the Care and Custody of Our Children?

No.  In fact, pursuant to Connecticut General Statutes Section 46b-56(c), in making and modifying orders related to the custody or care of minor children the Court shall consider various factors, one of which is the length of time that the child has lived in a stable and satisfactory environment and the desirability of maintaining continuity in such environment, provider the Court may consider favorably a parent who voluntarily leaves the child’s family home during the pendency of a divorce action in order to alleviate stress in the household.

At Broder & Orland LLC we have extensive experience addressing all issues that may arise with regard to the sale of the marital residences in the context of divorce in Fairfield County and Connecticut.  Our knowledgeable attorneys will counsel you to ensure that you are fully informed of your rights as they relate to your marital residence.

How are Social Security Benefits Treated in a Connecticut Divorce Case?

This Week’s Blog by Jaime S. Dursht

Social Security benefits are not considered a marital asset and are therefore not subject to division in a Connecticut marital dissolution action.

Are Social Security Benefits an Asset of the Marriage Subject to Division?

Future Social Security benefits are governed by federal law which specifically prohibits the transfer and/or assignability of the benefit. (Social Security Act, 42 U.S. Code § 407)  The United States Supreme Court has held that the right to receive Social Security benefits does not constitute property.  State courts hold that federal law preempts state property laws that would otherwise subject Social Security benefits to classification as marital property for division.  

Are Social Security Benefits Considered in Computing Alimony?

If Social Security benefits are in pay status and being received, then it is considered a current source of income and included in the determination of support payable under the alimony statute.

Can Social Security be Garnished to Pay Alimony and/or Child Support?

Yes.  In 1975, Congress carved out an exception for alimony and child support from the prohibition of subjecting Social Security benefit funds to execution, levy, attachment, garnishment, or other legal process.  In cases involving a judgment for unpaid alimony, the Social Security Act permits garnishment of benefits for the judgment as well as court costs and penalties. 

Does an Ex-Spouse Have a Right to Claim the Former Spouse’s Social Security Benefit?

Yes, if you meet the following criteria:

  • Age 62
  • Unmarried
  • Divorced from someone entitled to receive Social Security benefits
  • The marriage had been for at least 10 years

You are eligible to apply for benefits on your former spouse’s benefit even if he or she has not retired, and as long as you divorced at least two years before applying.  If you are entitled to your own Social Security benefits, your benefit amount must be less than you would receive based on your ex-spouse’s record, and you will be paid the higher of the two benefits, but not both.  Also, this would have no effect on the benefits your ex-spouse is eligible to receive.

Broder & Orland LLC, with offices in Westport and Greenwich, concentrates in family law and divorce.  Our attorneys are very experienced with the financial issues faced by individuals in a divorce, and understand the importance of accurately identifying assets and available sources of income in advising our clients about establishing a financial plan.

How to Catch a Cheater

This Week’s Blog by Christopher J. DeMattie

As technology rapidly advances, more and more of our daily activities are uploaded to our many electronic devices.  Information is becoming more permanent, and the electronic trail left behind is growing.  It is extremely difficult to keep an electronic secret, so if your spouse is cheating on you there is a good chance you will be able find out from his or her electronic devices.  In the recent past, the first places to look would be phone logs, text messages, and e-mails, but there are many more clever places to look.

What are the Best Apps to Catch a Cheating Spouse?

iPhone Notes – Most people use this application to take notes or set reminders.  However, did you know you can share your notes with another person?  When you share your notes with another person, each enabled user can edit and view the specific notes page.  So instead of sending text messages or e-mails, a cheating spouse can communicate with his or her paramour through the notes app without leaving an electronic transmission trail such as a text message or e-mail.

Screen Time – This new feature for the iPhone tracks how much time a user spends on his or her iPhone each day.  The data is further broken-down by minutes spent on each app, messages transmitted, and phone calls.  So if your spouse is spending more time than usual text messaging or if he or she is spending time using a new app, especially a new messaging app (WeChat, WhatsApp, Slack, or Messenger) it may be an indication he or she is hiding something.

Uber – Unlike texts and e-mails, absent completely deleting the Uber app, there is no way to delete the trip history.  So by accessing the Uber app you can see your spouse’s entire ride history.

Vault / KeepSafe – Vault (iPhone) and KeepSafe (Android) are apps that let you store electronic data, including photos and videos, in a password protected folder on your phone or tablet.

iCloud – Is accessed by inputting an Apple ID and password.  Per Apple, iCloud backups include nearly all data and settings stored on the device. iCloud backups do not include data stored in other cloud services, like Gmail.

Google Maps – If you access Google Maps and select “Your Timeline” you can all of the places the user has visited on any given date and time.  Like the Uber app, reviewing the “Your Timeline” can be very instructive on reconstructing a person’s day.

How do I Legally View my Spouse’s Electronic Devices?

The first step is generally to serve a Request for Production of Documents or Request for Inspection of an Electronic Device.  By making the Request, you put your spouse on notice as to the materials you are requesting to review and/or inspect.  Your spouse then has an obligation to produce the requested materials, which could include a forensic or mirrored copied of his or her iPhone, laptop, or tablet.  However, your spouse could assert various objections to the Request(s), and absent an agreement, the Court will determine the scope of discovery.

In addition, you may serve on your spouse and his or her cell phone provider, a “Litigation Hold Notice,” directing each to preserve several categories of electronically stored information including text messages.  Generally, cell phone providers only retain the content of text messages for three to five days depending on the provider, so it is unlikely you will be able to subpoena the content of your spouse’s past text messages.  However, if a “Litigation Hold Notice” has been served, it is likely the content, time, and location of the text message will be discovered.

Before engaging in any electronic surveillance, be advised that there are many federal and state laws related to stored electronic communications.   It is advisable to consult with an attorney to verify that you do not engage in any unlawful activities related to your spouse’s electronically stored information.

Broder & Orland LLC, with offices in Westport and Greenwich, CT, concentrates specifically in the areas of family law, matrimonial law and divorce.  As experienced divorce trial lawyers we can advise you how to legally obtain your spouse’s electronically stored information or how to protect your own.

What Should I Expect at my Initial Divorce Consultation in Connecticut?

This Week’s Blog by Sarah E. Murray

What is the Purpose of the Initial Divorce Consultation?

After having made the difficult decision to contact an attorney regarding divorce and after making an appointment to meet with him or her, it is natural to feel apprehensive or to be unsure of what to expect at that initial meeting.  Most Fairfield County divorce clients have many questions about the divorce process, possible outcomes, and how Connecticut law applies to his or her case.  Those are all appropriate issues to be discussed in an initial consultation.  One of the primary purposes of the initial divorce consultation, in addition to information gathering, is for the potential client and the potential lawyer to meet in order to determine whether both the client and the lawyer are comfortable working together.  As a client, it is important to feel that you can trust your divorce attorney and that there is good communication between you and your divorce attorney.  The initial consultation is a good opportunity for both the lawyer and client to assess whether they can have a good working relationship during a sometimes difficult process.  

What Do I Need to Bring with Me to My First Meeting with a Potential Divorce Lawyer?

Among other things, it is important for a divorce attorney to have as much information as possible so that he or she can accurately evaluate the case and give the appropriate advice.  Of course, if you were the person served with divorce papers, you should bring those papers to the initial consult so that the attorney can review them and explain them to you.  At the first meeting with a divorce lawyer, however, it is not required that you bring any other documents with you.  The divorce attorney will listen to you and ask questions in order to gain a better understanding of the basic facts of the case.  There will be plenty of time after the initial consultation for you to provide relevant documentation to your lawyer.  While you do not need to bring documents with you to the initial consult, there are some documents that you can bring to make the meeting more productive.  For example, if there is a Prenuptial or Postnuptial Agreement in your case, you should bring a copy of that to the meeting.  Most top Fairfield County divorce attorneys will even ask to see the document in advance of the meeting so that he or she can review it beforehand.  Some people also like to bring relevant financial documentation to the meeting, such as tax returns and bank and brokerage accounts, so that specific financial questions they have can be addressed.

Is What I Discuss at My Initial Divorce Consultation Confidential?

The short answer to this question is: yes.  The information you provide to a potential divorce lawyer, even if you do not hire that person, is kept confidential.  Keep in mind, however, the caveat discussed below.

Should I Bring My Friend (or Family Member) to the Initial Consultation Meeting?

It is normal for people to want emotional support at an initial divorce consultation.  If a third party is present in a meeting between a potential client and a lawyer, that presence can jeopardize the confidentiality of the meeting, as confidentiality and attorney-client privilege typically only extend to the potential client.  If you deem it critical to bring a friend or family member with you to the initial consultation, you can discuss how to handle it with the potential divorce lawyer with whom you are meeting.  You and the divorce attorney may decide to have the friend or family member wait in the reception area during all or part of the meeting in order to protect the information discussed.

What are the General Topics Discussed during the Initial Consult?

In general terms, the best initial consultations cover the following topics, as applicable to the facts of your case: the divorce process in Connecticut, custody of minor children and parenting plans, discovery of relevant information during the divorce, division of assets and liabilities, and alimony and child support.  Top Fairfield County attorneys will also discuss with you strategy concerns and any other issues that may be particular to your case.  In order for the divorce lawyer to give you good advice, he or she will ask many questions, ranging from basic to very personal.  The more information you provide, the more you and a potential divorce attorney can begin crafting a timeline and strategy for your case.

What Questions Should I Ask at the Initial Divorce Consultation?

There is no question too insignificant for an initial divorce consult.  A good divorce attorney will want you to feel comfortable that your questions have been answered and will welcome any and all questions that you have.  There is very little that experienced divorce attorneys have not heard or been asked; so, do not be shy about sharing information or asking questions.  Beyond the typical questions about the divorce process, how long divorces in Connecticut typically last, and what to expect with respect to parenting and finances, you should also ask questions about the financial relationship between you and the potential lawyer.  You will want to know the attorney’s hourly rate, requested retainer or other fee arrangements, and how frequently you will receive invoices reflecting time spent on your case.    

At Broder & Orland LLC, we pride ourselves on our informative initial consultations, which typically initiate an effective attorney-client relationship that lasts throughout the case.  We strive to advise potential clients in a forthright manner so that they feel comfortable about what to expect from the divorce process in Connecticut and so that they understand their options moving forward.

Living Arrangements During a Divorce: Who Stays in the House?

This Week’s Blog by Lauren M. Healy

  • Connecticut law protects each party’s right to live in the martial home during a divorce.
  • You cannot deny your spouse continued use of the marital home without an agreement or Court order.
  • The Court has the authority to give exclusive use of the marital home to either party if warranted.
  • It usually does not harm your case if you voluntarily move out of the house.

Who Gets to Live in the Marital Home During a Divorce?

In Connecticut, both parties are entitled to live in the marital home during the divorce action, unless there is an agreement or Court order stipulating otherwise. If the parties cannot live together, but cannot agree on who should leave, the Court has the authority to order exclusive use of the family home to one party, regardless of how the property is titled. The decision of who lives in the house during the divorce may come down to two main factors: first, what is most practical for your family; and second, the family’s financial circumstances. Sometimes, divorcing couples opt for a “bird nesting” arrangement whereby the children stay in the marital home and the parents rotate in and out. One party leaves the marital home when it is the other party’s turn to reside there, and vice versa.

Can I Change the Locks on my House During the Divorce?

In Connecticut, there are automatic orders (Connecticut Practice Book §25-5) which provide that if you are living together with your spouse on the date that the divorce action is started, you may not deny him or her use of the residence. For this reason, it is always best to consult with an attorney prior to changing the locks on the marital home. 

Will it hurt my Case if I Move out of the Marital Home? 

Divorce can be a contentious, emotional time for families. You may want to live separately but are afraid that you will be accused of abandoning your family or you may be concerned that it will hurt your divorce case in some other way.

Under most circumstances, it does not hurt your divorce case to voluntarily move out of the marital home—specifically, if it is done in order to alleviate stress or tension within the home, especially when there are minor children involved.  In fact, Connecticut General Statutes § 46b-83 provide that if one of parent leaves the family home voluntarily during the case and leaving is in the best interests of the child, the Court may consider that fact in making or modifying custody orders.

How Do I Get a Court Order for Exclusive Occupancy?

If you believe that your circumstances warrant exclusive use of your marital residence, you can file a Motion for Exclusive Possession with the Court to request an order which prevents your spouse from living in the home during the divorce.  This type of Motion is typically only filed in extreme circumstances.

The attorneys at Broder & Orland LLC are experienced in securing exclusive possession for our clients, defending against such claims, and in the alternative, helping to devise living arrangements during the divorce that will meet our clients’ specific needs.

Can I Date While Going Through My Divorce?

This Week’s Blog by Eric J. Broder

Is a Person Allowed to Date While Going through a Divorce?

Yes. There is no restriction against dating. In fact, it can often relieve the daily stress of the divorce process. However, as explained below, there are some important things to keep in mind if you decide to date while going through your divorce.

Can I buy Gifts for My Girlfriend/Boyfriend during my Divorce?

If a party purchases gifts for a girlfriend or boyfriend during the divorce process in the state of Connecticut, the Court could consider the expenditure(s) a dissipation of marital assets and allow the other party to receive a credit for such expenditure(s) at the time of dissolution.

Can I Introduce My Girlfriend/Boyfriend to my Children During the Divorce?

While there is no absolute restriction in Connecticut against doing so, it is highly advisable that a party does not take this step unless and until there is consent from the other party and/or it is done with the assistance of a therapist. Sharing this information with a 5-year-old is obviously different than sharing it with a 10-year-old or even a 15-year-old. Accordingly, we strongly suggest that you receive the proper advice before introducing your girlfriend/boyfriend to your children during a divorce.

Can I Remarry After my Divorce? If so, how soon Thereafter?

Yes, this is actually a more common question than people realize.  You may do so the next day.

Should I Wait to Date Until my Divorce is Final?

This is entirely an individual question and one must determine if he/she is emotionally ready. One reason to avoid dating is because if your spouse finds out, it may cause jealousy. This jealousy may manifest itself in a more aggressive and litigious approach, which may make it more difficult in trying to reach a resolution.

Do I Want my Spouse to Date During the Divorce?

The answer is often yes.  Many clients have said that the best thing that happened during the divorce was that their spouse started dating, because it kept him/her more grounded and calm throughout the process.

At Broder & Orland LLC we often discuss the pros and cons and the possible outcomes and issues that a party, and more importantly, his/her child(ren) may face as a result of dating during the divorce process.

The Financial Cost of Divorce

This Week’s Blog by Carole T. Orland

What will my Divorce Cost?

The short answer is that it is hard to know at the outset what a divorce will eventually cost.  Since virtually all divorce lawyers in Connecticut bill on an hourly rate, the cost is a function of time spent on the case. At Broder & Orland LLC, we have handled divorces ranging in cost from a few thousand to millions of dollars.

Is Cost Related to the Complexity of the Case? 

Not necessarily. Some of the more financially complex cases settle quickly when the parties, their counsel, and experts are sophisticated and are financially savvy. These cases sometimes involve a variety of compensation components, including for example, stock options, RSUs, SARs, phantom stock, and deferred compensation. While this can initially appear daunting, it doesn’t have to be if the parties are well-educated about income variants.

Will the Cost of my Divorce be Minimal if our Assets are Very Modest? 

We would hope so and at our firm we strive to make it cost-effective for our clients in every case. Unfortunately, different pressures can arise when the marital estate is relatively modest and there isn’t enough money for both parties to live their lives post-divorce in the manner they were doing so during their marriage. In these cases particularly, it is imperative to do a cost-benefit analysis and to be real about the results. 

Will Children’s Issues Increase the Cost of Divorce?

Quite possibly. It is in everyone’s best interest to settle on a realistic Parenting Plan as early as possible in the case. If that doesn’t happen, the Court will sometimes appoint a Guardian Ad Litem (GAL) as an investigatory arm of the Court whose role it is to report on the best interests of the children, or Attorney for Minor Children (AMC), who will act as an advocate for the children taking into consideration their best interests. The cost of these additional individuals will be borne by the marital estate and having them involved typically signals additional litigation and therefore, higher cost. 

What Other Factors can drive up the Costs of a Divorce? 

Divorce costs may spiral upward for many reasons, for example: one or both parties may not be cooperative in the discovery process or have unrealistic expectations.  Attorneys and clients may not be in sync about objectives and goals. The Court system is fraught with inherent delays and continuances mean more time and more money. 

What can I do to keep my Divorce Costs from Getting out of Control?

  • Hire a reputable and knowledgeable attorney.
  • Make sure you are always on the same page as to how your case is being handled.
  • Settle the kids’ issues as soon as possible. Attend to discovery deadlines.
  • If finances are complex, make sure to assemble a good team of experts who can educate you about the various components. In short, demystify the finances so you can move forward to settlement.
  • Be reasonable in negotiations with your spouse even if there are bad feelings, as is typically the case in divorces.
  • Pay attention to your monthly bills and your retainer status.

At Broder & Orland LLC, with offices in Westport and Greenwich, CT, we strive to make our clients’ divorce cases cost efficient, whether the case involves a modest marital estate or is a high net-worth or high-income earner matter. We constantly counsel our clients on the cost-benefit of decisions as the case progresses. Our goal is to achieve for our clients the best possible outcome at the most reasonable cost.