Tag: lawyers

HOW DO I FIND A DIVORCE LAWYER THAT IS RIGHT FOR ME?

If you are contemplating divorce or have been served with divorce papers, this is one of the first questions to cross your mind. Unless you’ve been divorced before, it’s unlikely you have had any real experience with a lawyer who concentrates in that area of the law. So where to get started?

Most likely, given the divorce rate in Westport, Greenwich, Darien, New Canaan and surrounding Fairfield County towns, you have friends and family who have been down this road before. Their stories range from text book to nightmare and their assessments of the lawyers involved runs a similar gamut.

Take a deep breath. There are some wonderful lawyers who practice Family Law, of which divorce is a part. They are dedicated to their clients and behave in a skillful and ethical manner. They exhibit a healthy balance of objectivity and compassion. This is the type of lawyer you should seek out.

If you’re willing to share some confidences, the most natural place to start is by asking a couple of trusted friends or colleagues who have successfully navigated the process in the past. It is important to bear in mind that each case is different and the results can vary widely. So don’t get married to a set of facts or outcomes, but rather try to get a feel for what attorney might be the best match for you.

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CHILD SUPPORT PART II: THE CONNECTICUT CHILD SUPPORT GUIDELINES

As discussed in Part I of this series, child support is the obligation that a parent has to contribute to the financial costs of raising their child. Child support must be determined in the following actions in which the parties have minor children: dissolution of marriage, annulment of marriage, legal separation, or child custody proceedings. A court is required to consider a multitude of factors as listed in Connecticut General Statutes Section 46b-84(a). In addition to these factors, Connecticut has adopted the Child Support Guidelines, which must also be considered by a court.

Divorce attorneys in Greenwich, Stamford, Darien, New Canaan and Westport, are familiar with both the statutory criteria and the Child Support Guidelines, and at Broder and Orland, LLC, our attorneys are skilled at understanding and applying the law and the nuances of determining child support.

At their most basic level the Child Support Guidelines are a mathematical formula based off of the Income Shares Model. The Income Shares Model takes into account the incomes of both parents and presumes that a child in a divorcing family should receive the same portion of parental income that he/she would have received if the parents had continued living together. The Child Support Guidelines use the Income Shares Model to determine an appropriate amount of the parents’ combined income that should be designated as child support.

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PRENUPTIAL AGREEMENTS IN CT PART 1: SHOULD I HAVE A PRENUPTIAL AGREEMENT?

Many brides and grooms in Greenwich, Stamford, Darien, New Canaan, and Westport often wonder whether or not they should enter into a Prenuptial Agreement, sometimes called a Premarital Agreement, prior to getting married. In Fairfield County, Connecticut, Prenuptial Agreements have become more common in light of factors such as the high rate of divorce and the trend toward people marrying later in life after having amassed wealth.

In general terms, a Prenuptial Agreement is a contract that two people sign prior to getting married that outlines how assets and income will be treated in the event of a divorce, and oftentimes, when one spouse predeceases the other. These agreements can cover other topics as well, such as how a couple will share expenses after they are married or how a marital home will be purchased and maintained during the marriage. A Prenuptial Agreement can be as comprehensive and detailed as a particular couple wants to make it. At Broder & Orland, LLC, we tailor each Prenuptial Agreement to suit a particular couple’s needs.

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EMERGENCY MOTIONS

In Connecticut, divorces, post judgement motions and child custody issues can sometimes take months or even years to be resolved. Experienced divorce lawyers who practice in Westport, Greenwich, Darien and New Canaan and who are faced with an issue in a case that requires immediate court intervention will consider applying for a restraining order, protective order or temporary injunction. These “emergency motions” are often the most efficient way to get a temporary decision on a time-sensitive issue; they are usually presented to the Court along with an affidavit signed by the applicant (the party requesting the relief) and decided based on the Application itself (without a hearing) on an ex parte basis (without notice to the Respondant).

Restraining and Protective Orders. Applications for Restraining Orders and Protective Orders are requests for judicial intervention and orders to confine the respondent’s actions or prohibit specific behavior for a brief period pending notice and hearing. In Connecticut, restraining orders and protective orders are typically filed when there is a continuous threat of imminent physical harm to the applicant or the applicant’s children. There are different types and levels of relief that are available, ranging from orders that the Respondent not contact the Applicant, orders that the Respondent must leave the marital home, to orders of temporary custody of minor children. The Applicant may also request certain limited financial orders in conjunction with a Restraining Order.

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