Tag: Westport Lawyer

Connecticut Divorce Location

This Week’s Blog by Christopher J. DeMattie.

Where can I file my Connecticut Divorce?

Generally, the town where you reside in Connecticut will dictate in which Judicial District you will file your divorce case. Pursuant to Connecticut General Statutes § 51-345, if either you or your spouse are residents of Connecticut, you must file the case in the Judicial District where either you or your spouse resides, except, if your or your spouse resides in the town of:

  1. Manchester, East Windsor, South Windsor or Enfield, you have the option to file the case in either the judicial district of Hartford or the judicial district of Tolland.
  2. Plymouth, you have the option to file the case in either the judicial district of New Britain or the judicial district of Waterbury.
  3. Bethany, Milford, West Haven or Woodbridge, you have the option to file the case in either the judicial district of New Haven or the judicial district of Ansonia-Milford at Milford.
  4. Southbury, you have the option to file the case in either the judicial district of Ansonia-Milford at Milford or the judicial district of Waterbury.
  5. Darien, Greenwich, New Canaan, Norwalk, Stamford, Weston, Westport or Wilton, you have the option to file the case in either the judicial district of Stamford-Norwalk or the judicial district of Fairfield at Bridgeport.
  6. Watertown or Woodbury, you have the option to file the case in either the judicial district of Waterbury or the judicial district of Litchfield at Torrington.
  7. Avon, Canton, Farmington or Simsbury, you have the option to file the case in either the judicial district of Hartford or the judicial district of New Britain.
  8. Newington, Rocky Hill or Wethersfield, you have the option to file the case in either the judicial district of Hartford or the judicial district of New Britain.
  9. Cromwell, you have the option to file the case in either the judicial district of Hartford or the judicial district of Middlesex at Middletown.
  10. New Milford you have the option to file the case in either the judicial district of Danbury or the judicial district of Litchfield at Torrington.
  11. Windham or Ashford, you have the option to file the case in either the judicial district of Windham or the judicial district of Tolland.

If you reside in a town where you are eligible to file your divorce case in more than one Judicial District, there may be a benefit to you to file in one Judicial District versus the other depending on the specific circumstances of your case. Prior to filing your divorce action, you should always discuss your filing options with your attorney.

Can you file for divorce online in Connecticut?

The short answer is yes. In 2015 Connecticut transitioned from paper files to electronic files for divorce cases filed after October 15, 2015. Thus, if you or your attorney is registered for E-services on the Connecticut Judicial Website, you can file your divorce action online, after your spouse is served by a Marshal, without appearing at the Courthouse to file your case.

At Broder & Orland LLC, the largest matrimonial and family law firm in Connecticut with offices in Westport and Greenwich, we carefully consider with our clients the most advantageous place to file their divorce when there is an option under the statute

How are Same-Sex Divorces Handled in Connecticut?

This Week’s Blog by Jaime S. Dursht.

How are Same-Sex Divorces Handled in Connecticut?

Same-sex divorce in Connecticut is governed by the same Family Law statutes as heterosexual divorce, however, there are particular issues that should be analyzed at the outset of the process to ensure a successful outcome. Connecticut legally recognized same-sex marriage in 2008, and since then there have been additional changes in both Federal and State law that have affected the application of Family Law in Connecticut. For example, in 2016, the Internal Revenue Service issued a ruling re-defining terms such as “spouse,” “husband and wife” and “marriage” to include individuals married to a person of the same sex if the individuals are lawfully married under state law. Because the divorce process involves asset division and transfers that are exempt from taxation if pursuant to divorce, applicability is particularly important because it is based on recognition of one’s legal marital status.

How is Jurisdiction of Same-Sex Divorce Determined in Connecticut?

Connecticut not only recognizes same-sex marriage, but will automatically merge civil unions that were entered into prior to the marriage (Conn. Gen. Stat. 46b-38qq). Connecticut will also recognize an out-of-state relationship as marriage if the jurisdiction of origin provides substantially the same rights, benefits and responsibilities as a marriage recognized in Connecticut (Conn. Gen. Stat. 46b-28a). This means that if an individual meets the residency requirements of living in Connecticut for at least 12 months prior to the filing of a divorce action, parties to a formal relationship originating in another state may divorce in Connecticut so long as the relationship criteria are met.

How are Custody and Parenting Plans in Same-Sex Divorce Handled in Connecticut?

An initial step for parties with children in any divorce is to determine the parenting arrangements. In same-sex divorce, custody and parenting plans can be established once the child(ren)’s legal parents are identified. This is because Connecticut statutes providing for parental rights and obligations of both custody and support extend and apply to legally recognized parents. For same-sex couples that may include confirming the existence of a surrogacy agreement, legal adoption and co-adoption, and spousal consent under the alternative reproductive technology law. A parent who is not legally recognized as such may assert custodial rights, but only through a third-party custody proceeding.   In Connecticut, there is a marital presumption that a child born to a married woman is presumed to be the child of both individuals in the marriage. When Connecticut recognized same-sex marriages in 2008, the presumption extended to children born to individuals in same-sex marriages.

Once parentage is established, the same statutory criteria apply with respect to determining parenting plans in accordance with best interests of the children (Conn. Gen. Stat. § 46b-56) and with respect to the calculation and enforcement of child support (Conn. Gen. Stat. 46b-37).

What are Factors to Consider for Alimony and Asset Division in a Connecticut Same-Sex Divorce?

In Connecticut, one of the statutory factors that is considered in both the calculation of alimony and the equitable division of assets is “the length of the marriage.” (Conn. Gen. Stat. 46b-81 and 82). Since Connecticut legally recognizes same-sex marriages, it would seem to be a straightforward determination, however, some couples have been together far longer than Connecticut has recognized that legal relationship and want to include that time. Connecticut does not recognize cohabitation or common-law marriage, but Connecticut civil unions are automatically merged into marriages by operation of statute (Conn. Gen. Stat. § 46b-38rr(a)), and Connecticut will recognize legal relationships entered into outside of Connecticut as marriage as long as that relationship conferred similar legal rights and obligations benefits of marriage in the state of origin making it possible to include it in the length of the marriage.

What are Federal Tax Considerations for Same-Sex Divorce in Connecticut?

The Internal Revenue Service redefined its marital status terms in 2016 to include individuals married to another person of the same sex if the couple is lawfully married under state law. IRS Revenue Ruling 2013-17 specifically excludes domestic partnerships, civil unions and other formal relationships that are not recognized as marriage under state law. This is important for individuals in same-sex marriages and by extension, divorce, because not all individuals will be able to claim alimony payments as non-taxable income for example or characterize lump sum alimony as a non-taxable property distribution incident to divorce.

Broder & Orland LLC, with offices in Westport and Greenwich, concentrates in family law and divorce. Our attorneys are experienced with the unique issues faced by individuals in a same-sex divorce, and understand the evolving law with respect to both parenting and financial planning to achieve the desired results moving forward.

DO GRANDPARENTS HAVE A LEGAL RIGHT TO VISITATION WITH A GRANDCHILD

This Week’s Blog by Andrew M. Eliot. 

Do Grandparents Have any Legal Visitation Rights

In Connecticut, grandparents do not have any inherent or “automatic” legal rights with respect to access to or visitation with a grandchild. That said, pursuant to governing Connecticut statutes, a grandparent (and, in fact, any third-party), has the right to petition the court for visitation rights with respect to a minor child.

Under What Circumstances Will Connecticut Courts Grant Visitation Rights to a Non-Parent?

Pursuant to Connecticut General Statutes §46b-59, any person may submit a verified petition to the Superior Court for the right of visitation with any minor child. In order to succeed on such a petition, the person seeking visitation rights with a minor child must prove, by “clear and convincing evidence,” that: (i) a “parent-like relationship” exists between the petitioning party and the minor child; and (ii) that denial of visitation would cause “real and significant harm.” See C.G.S. §46b-59.

How Do Courts Assess Whether a “Parent-Like Relationship” Exists Between a Minor Child and a Non-Parent?

In assessing whether a “parent-like relationship” exists between a non-parent and a minor child, courts may consider (but are not limited to considering), the following factors:

  1. The existence and length of a relationship between the person and the minor child;
  2. The length of time that the relationship between the person and the minor child has been disrupted;
  3. The specific parent-like activities of the person seeking visitation toward the minor child;
  4. Any evidence that the person seeking visitation has unreasonably undermined the authority and discretion of the custodial parent;
  5. The significant absence of a parent from the life of a minor child;
  6. The death of one of the minor child’s parents;
  7. The physical separation of the parents of the minor child;
  8. The fitness of the person seeking visitation; and
  9. The fitness of the custodial parent.

 Is the “Parent-Like Relationship” Standard Any Different for Grandparents?

Notably, the answer to this question is “yes.” In addition to the factors enumerated above, Connecticut’s governing statute sets forth one additional consideration for assessing whether a “parent-like relationship” exists between a non-parent and a minor child that is applicable only to grandparents. Specifically, Connecticut General Statutes §46b-59(d) provides that in determining whether a parent-like relationship exists between a grandparent and a minor child, the Superior Court may consider “the history of regular contact and proof of a close and substantial relationship between the grandparent and the minor child.”

 How Do Courts Determine Whether Denial of Visitation Would Cause Real and Significant Harm?

While there is no definitive answer to this question, in situations where a petitioning party is able to establish the existence of a “parent-like relationship,” Courts typically find that the requisite harm standard is met were visitation to be denied due to the negative effects that severing such a relationship would have on a child. Stated somewhat differently, the requisite harm will generally be established where a third party who has acted as parent to the child is abruptly cut out of the child’s life.

What Will Visitation Look Like if a Non-Parent Petition is Successful?

If the Court grants visitation rights to a non-parent, the governing statute directs courts to set forth the terms and conditions of the visitation including, but not limited to, the schedule of visitation, time and place or places in which the visitation can occur, whether overnight visitation will be allowed and any other terms and conditions that the court determines are in the best interest of the minor child. Notably, in determining the best interest of the minor child, Courts are also directed by statute to consider the wishes of the minor child if such minor child is “of sufficient age and capable of forming an intelligent opinion.” See C.G.S. §46b-59(f).

Although rare, cases involving grandparent (or non-parent) visitation rights are often extremely complex and, in order to be handled properly, require a great deal of expertise and attention. At Broder & Orland LLC, we have extensive experience handling such matters and are poised to help clients achieve favorable results when such issues arise.

HEALTH INSURANCE COVERAGE DURING AND AFTER DIVORCE IN CONNECTICUT

This Week’s Blog by Jaime S. Dursht.

HEALTH INSURANCE COVERAGE DURING AND AFTER DIVORCE IN CONNECTICUT

Typically families and couples rely on a single health insurance coverage plan, either through the spouse’s employer or privately, to maintain coverage for the entire family. Once a Judgment of Divorce is entered, the non-subscribing spouse is no longer eligible for coverage under the former spouse’s policy.

CAN YOU REMOVE YOUR SPOUSE FROM HEALTH INSURANCE DURING DIVORCE?

No. First, health insurance regulations do not allow the removal of a covered beneficiary from a policy except during specific periods, but Connecticut Family Law also prohibits removal during the pendency of a divorce action. Doing so is a violation of orders that go into effect at the inception of a divorce case and may result in court-ordered penalties and remedial action.

WHAT IS COBRA AND IS ITS COVERAGE AUTOMATIC?

COBRA is the acronym for Consolidated Omnibus Budget Reconciliation Act, the federal law that allows a spouse who loses coverage due to divorce to continue coverage under the same plan for thirty-six months. The spouse who elects COBRA coverage must take steps with the policy plan administrator and pay for the continued coverage individually. It is advisable to comparison shop before divorce is final to determine whether COBRA coverage is the right option because it is temporary and can be costly. Information on available options is available at www.accesshealthct.com.

WHICH SPOUSE IS OBLIGATED TO PROVIDE HEALTHCARE COVERAGE FOR THE CHILDREN?

The State of Connecticut requires parents to provide health insurance for minor children according to their respective abilities until the later of child/ren reaching the age of 18 or graduating high school but no later than the age of 19. In a divorce, it is typical for the spouse whose coverage is in effect at the time of divorce to agree to continue doing so for so long as it remains available through an employer at a reasonable cost. If it is no longer available to that spouse at a reasonable cost, then the other spouse typically agrees do so if available through an employer at a reasonable cost. If it is not available to either spouse, then both may agree to share the cost of private coverage or apply for HUSKY coverage. Many divorcing parents, agree for health insurance to extend to age 26, the maximum allowable age limit in Connecticut, or until the child is able to secure health insurance through his/her own employer, spouse or domestic partner.

HOW ARE UNREIMBURSED AND UNINSURED MEDICAL EXPENSES PAID AFTER DIVORCE?

Divorced spouses are responsible for his/her own unreimbursed and uninsured medical expenses, including dental, vision and prescriptions. For as long as either parent is responsible for a child’s health insurance, unreimbursed and uninsured medical expenses are paid in proportion to each parent’s percentage share of combined net income but the parties may also to pay according to a different percentage that is negotiated.

ARE FORMER SPOUSES ELIGIBLE FOR MEDICARE BENEFITS?

Medicare is a national health insurance program that provides health insurance for individuals and their spouses who are 65 years and older and who have paid Medicare taxes for at least ten years. After a divorce, one may still be eligible for Medicare based on the former spouse’s work history. In order to qualify using a former spouse’s employment history, one must be unmarried and at least 62 years old, the marriage with the former spouse must have lasted for at least ten years, and the benefit from one’s own employment history is less than that of the former spouse.

The attorneys at the firm of BRODER & ORLAND LLC, with offices in Westport and Greenwich, Connecticut, are very experienced in all facets of divorce including issues that involve healthcare coverage for the parties and their children.

Hiring a Divorce Attorney in Connecticut

This Week’s Blog by Christopher J. DeMattie.

Hiring a Divorce Attorney in Connecticut

 A divorce is generally one of the most emotional events you can go through. It is also typically the largest and most impactful financial event of your life. If you are thinking about hiring a divorce attorney in Connecticut, one of the first things you should do after obtaining names of a divorce attorney and/or firm, is to Google them. It may sound basic, but you will be able to read the various Google reviews about these attorneys and/or firms and you will quickly be able to vet them based on the experiences of their past clients.

Once you perform your online due diligence, you will want to prepare for your initial consultation. Every case is different, and every attorney is different, so you want to have a list of questions prepared to make sure you and your potential attorney will be the right match. To help you with that process, below is a list of sample questions you may want to consider asking:

  1. How long have you been practicing family law?
  2. How long have you been practicing family law in Connecticut?
  3. What percentage of your practice is devoted to the field of family law?
  4. Do you handle cases involving domestic abuse?
  5. Do you represent a greater number of Husbands or Wives?
  6. Will anyone else in your office be working on my case? Why would there be multiple people working on my case?
  7. What is your availability to talk and email?
  8. What would your colleagues say about you?
  9. What do you think the Judges say about you?
  10. Do you know my spouse’s attorney? When is the last time you had a case with him or her? What was the result?
  11. Do you mediate cases?
  12. Do you practice collaborative law?
  13. Do you litigate cases?
  14. Are there any options to resolve my case between mediation and litigation?
  15. How often are you in court?
  16. When was the last time you had a trial?
  17. Why did the case go to trial and not settle?
  18. How long does a divorce case take?
  19. How many cases are your currently working on?
  20. Do you handle appeals?
  21. What is your hourly rate? What are the rates for other professionals in your office?
  22. What is the amount of your retainer? Do you issue monthly bills?

Broder & Orland LLC, with offices in Westport and Greenwich, CT, concentrates specifically in the areas of family law, matrimonial law and divorce. We understand the importance of an initial consultation for both the prospective client and lawyer. We take the time to answer all of your questions and to set out in detail the divorce process so you leave our office well informed.

Why Taking Divorce Advice From Friends Can Be Dangerous

This Week’s Blog by Lauren M. Healy.

Why Taking Divorce Advice From Friends Can Be Dangerous

Scared. Lonely. Angry. Sad. Vulnerable. Just a few of the emotions that you may feel when you are going through a divorce. It is no wonder that our clients often look to friends and family, especially those who have also been divorced, to provide comfort and support during a difficult time. After all, it is friends and family who have your best interest at heart. Why, then, should your divorce attorney be cautioning you against taking such advice?

Unrealistic Expectations

Probably the most common mistake that people make when taking the advice from friends, colleagues or acquaintances about divorce is assuming that all Connecticut divorces are treated the same way. For example, if your friend who was married for the same amount of time as you received lifetime alimony in her divorce, shouldn’t you receive the same? Even the most innocuous conversations about other people’s divorces can set unreasonable or unrealistic expectations. In reality, settlement outcomes, and trial decisions for that matter, are largely fact specific. While there are particular statutes that provide criteria for a judge consider when determining alimony and property division, the actual application of that statutory criteria is different in every case. There are so many different factors that come into play that it is downright risky to assume that your case will result in the same outcome as any other case. Your attorney is the best person to advise you about how your case is likely to be resolved.

Not All Divorces Are Created Equal

It is important to work with your attorney to create a strategy for your case that is determined based on the facts and goals of your family. It is common for clients to feel pressure from outside sources, be it family, friends or other advisors, to make demands or act in a certain manner. Taking strategic advice from non-attorneys, no matter how well-meaning, can backfire because they most likely do not understand all of the intricacies involved. While it can be helpful to consider the input of outside advisors, remember that such advice might be entirely inconsistent with the facts of your case or the applicable law. Your attorney is looking at the big picture, including your needs, your goals as well as the likelihood of achieving certain outcomes. It can be extremely helpful to put these advisors in touch with your attorney, so that there can be collaboration and understanding with regard to the possible and likely resolutions of your case.

You Hired Us For A Reason. Let Us Do Our job!

You went through the process of carefully vetting your attorney and you hired us for a reason—to guide you through the legal process of divorce, and to provide you with the knowledge and power to make decisions that are best for you. Listen to us! We have particular insight, not just in the laws of the state of Connecticut, but also into the background of the Judges, court system and opposing counsel. While you may not always want to take our advice, at least make sure you understand it, before rejecting it. In the end, know that the decision will be yours, as the client.

At Broder & Orland LLC, we are sensitive to the unique facts of every case. We encourage the inclusion and participation of different support systems for our clients and will often create a team approach, along with therapists and financial professionals, in order to best achieve a positive resolution for our client.

Should a Financial Forensic Evaluator be Retained in My Divorce Case ?

This Week’s Blog by Carole T. Orland

Should a Financial Forensic Evaluator be Retained in My Divorce Case ?

What is a financial forensic evaluator?

A financial forensic evaluator is typically an individual with certain certifications and qualifications who is educated and trained to analyze financial information in your divorce case. This may include, for example, an analysis of income, or valuation of various assets such as privately held businesses, equity awards, private equity and hedge fund interests, and other alternative investments.

When should a financial forensic evaluator become involved in my divorce case?

Usually a financial forensic evaluator should be retained as soon as counsel recognizes that there may be valuation issues in your divorce case. The evaluator can assist in fashioning pertinent discovery requests and responses. Occasionally there are circumstances where one party will wait to see the other party’s analysis and valuation. A seasoned divorce attorney will be able to guide you through these strategic situations.

Can the parties hire one neutral financial forensic evaluator?

This is possible. In some divorce cases the party will agree on one neutral financial forensic evaluator and further agree to be bound by the conclusions of that expert. In other cases, parties may agree to start with a neutral but retain the right to hire his or her own evaluator, should he/she disagree with the neutral’s evaluation.

What types of documents will the financial forensic evaluator want?

In the case of an income analysis, the forensic financial evaluator may want to review tax returns, pay stubs, year-end pay statements, statements from credit card and bank/brokerage accounts, and employment contracts. With regard to business assets, the financial forensic evaluator will want to look at such items as Profit and Loss Statements, Balance Sheets, General Ledgers, Partnership Agreements, Operating Agreements, corporate/partnership tax returns, K-1s, and business accounts. In the case of alternative investments, it will be important to review documents such as Operating Agreements, investor correspondence and Private Placement Memoranda. And for equity awards such as stock options, RSUs, and Phantom Equity awards, items such as vesting schedules, agreements, and plan documents will require review.

Can I expect the financial forensic evaluator to prepare a report?

Whether a report is to be prepared is up to the party hiring the financial forensic evaluator. Again, experienced divorce counsel will be able to guide you on this aspect of litigation.

Will the financial forensic evaluator testify at my divorce trial?

Typically yes, unless there is an agreement that his or her valuation is stipulated to by the other party or the parties work out a compromise valuation. In order to testify as an expert, a party must formally disclose that expert in advance in accordance with Connecticut Practice Book Rules.

Can the financial forensic evaluator assist my divorce case in other ways?

Absolutely! And most commonly with discovery, depositions, analyzing the opposing party’s valuation, Proposed Orders for the Court, and trial preparation. Ideally he/she will assist in settlement negotiations and a resolution of your divorce case without the need for a trial.

At Broder & Orland LLC with offices in Westport and Greenwich, Connecticut we have extensive experience working with financial forensic evaluators in all facets of divorce litigation.

Connecticut Divorce Differences

This Week’s Blog by Jaime S. Dursht.

Connecticut Divorce Differences

Is Property Division in a Connecticut Divorce Different from Other States?

It is commonly assumed by people who are contemplating divorce that particular types of assets will be considered separate and will not included in the marital estate, and thus not shared with one’s spouse.  Divorce laws differ from state to state, and Connecticut’s approach to property division happens to be unlike that of the majority of states that do characterize certain property as separate from the outset of a divorce.

What is the Court’s Approach to Dividing Property in a Connecticut Divorce?

In Connecticut, a three-step analysis is applied by courts to equitably divide property.  First, the asset is classified to determine whether it is property within the meaning of Connecticut General Statutes 46b-81. Second, the value of the asset is considered, and what the appropriate valuation method is.  Third, the equitable distribution of the property is decided.

Although this system of property division is referred to as an “equitable distribution” scheme, as it is in many other states, there is a significant difference in that Connecticut does not “limit, either by timing or method of acquisition or by source of funds” the property that is characterized as marital and subject to the court’s power to divide.  Krafick v. Krafick, 234 Conn. 783, 792, 663 A.2d 365 (1995).

Thus, property is not automatically classified as separate, regardless of when the property was acquired, whose name it is titled in, or the method of acquisition.  Below are common examples.

Are Premarital Assets Considered Separate Property in a Connecticut Divorce?

Property acquired prior to the marriage will not automatically be characterized as separate.  If you owned a house, an art collection, or your own business before you married your spouse,  these assets will not be set aside as nonmarital property, they will be considered part of the marital estate.  Depending on the overall marital estate, a court may or may not award the premarital property to the original owner.

Are Retirement Accounts Considered Separate Property in a Connecticut Divorce?

The 401(K), the IRA, pension, restricted stock units, or any other type of employment related benefit that you acquired before your marriage will be included in the marital estate regardless of sole legal ownership.  Depending on the sufficiency of the collective assets to meet the needs of the parties, a court may allocate solely titled retirement assets to the titled owner to reduce the number of account divisions especially if transaction fees are involved. However, it is very common to divide all retirement accounts 50/50.

Are Inherited Assets Considered Separate Property in a Connecticut Divorce?

Inheritances, whether real property or stock accounts, are not designated as separate property in Connecticut as they may be in many other states.  Inherited assets are included in the marital estate in Connecticut.  There may be equitable reasons to allocate one’s inheritance to the titled owner, but not until the entire marital estate and statutory factors of Conn. Gen. Stat. 46b-81 are considered.

Are Future Inheritances Considered Part of the Marital Estate in a Connecticut Divorce?

Anticipated future inheritances expected from people who are alive are not considered property within the meaning of C.G.S. 46b-81.  Courts cases addressing this issue have determined that the marital estate does not include interests that are unvested or merely expected.

When Are Assets Valued in a Connecticut Divorce?

Unlike other states, in Connecticut, assets are valued on or as close as possible to the date of dissolution rather than the date the action was filed.  This is based on the principle that financial awards and orders should be based on the current financial circumstances of the parties.

How are Assets Equitably Divided in a Connecticut Divorce?

Connecticut courts have wide discretion to allocate marital assets to either spouse so long as   statutory criteria is considered.  “When deciding to whom to assign property to, the court shall consider the length of the marriage, the causes for the … dissolution of the marriage … the age, health, station, occupation, amount and sources of income, earning capacity, vocational skills, education, employability, estate, liabilities and needs of the parties and the opportunity of each for future acquisition of capital assets and income.”  Conn. Gen. Stat. 46b-81.

The court is not required to give equal weight to each factor, nor is the court required to provide its reasoning as to which factor may have influenced its decision in making an equitable division.  Caffe v. Caffe, 240 Conn. 79 (1997). The courts have also refused to adopt a presumption of equal division.  Rivnak v. Rivnak, 99 Conn. App. 326 (2007).  Thus, each divorce is determined on a case-by-case basis according to its facts and it is important not to draw conclusions based on broad information derived from sources that are not specific to Connecticut.

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 methods of valuation to optimize financial circumstances moving forward.

  

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.

Should I Hire a Private Investigator for my Connecticut Divorce?

This Week’s Blog by Jaime S. Dursht

Private investigation of issues in a high conflict divorce can be extremely helpful and an efficient method of fact gathering prior to and during a divorce, as well as post-dissolution.

How Can I Locate Hidden Assets?

A private investigator may uncover jointly held assets that were wrongfully transferred into solely held accounts, which is prohibited in Connecticut upon initiation of a divorce action.  It is not uncommon for a spouse to suspect that funds are being diverted into undisclosed assets. An investigator can help with finding them and your attorney may in turn seek a court order to restore the funds or account for them at the conclusion of the divorce.

How do I Track Improper Transfers?

An experienced private investigator may be able to search databases and records to identify wrongful financial conduct.  In a Connecticut divorce, expenditures made by a spouse for a purpose outside of the marriage (such as gambling or an affair) can often be quantified and may in some cases constitute what is called a dissipation claim for the other spouse to receive a credit when assets are divided.  Having a trained professional obtain this information rather than doing it yourself may be critical to the process of presenting evidence later to ensure admissibility because wrongfully obtained information may be ruled inadmissible in court proceedings. 

How do I Catch my Cheating Spouse?

A picture is worth a thousand words.  In some cases, a picture or video surveillance of a spouse’s conduct can be used in a variety of ways, not just proof of infidelity.  For example, to show the spouse who is claiming inability to be gainfully employed pictured on the golf course or at the casino on a week day.  Sometimes the situation is reversed, and a spouse wants to know whether s/he is being tracked, surveilled or hacked by the other.  A private investigator can conduct a sweep of the residence, vehicle, phone and computer to find out.

How can I Prove Cohabitation?

A former spouse paying alimony finds out that the recipient spouse is in a relationship and needs to know whether it is to the level warranting a reduction or termination of alimony payments under the cohabitation statute.  Cohabitation requires proof of living together and a measurable economic benefit to the alimony recipient.  “Living together” does not necessarily mean residing together under the same roof at a single address.  A court can find that spending several nights a week together satisfies the requirement, depending on the situation.  Surveillance is one of the best ways to demonstrate the actual time spent together.

How do I Prove a Parent is Unfit?

In a custody action, one parent may want to show that the other parent is not appropriately parenting, for example, driving the children in a vehicle without car seats/restraints, or driving them while under the influence.  Perhaps surveillance would show that the parent on duty left small children unattended at a park or other public place or perhaps show permissive behavior such as allowing teens to drink alcohol or smoke marijuana.

Another reality for divorcing parents includes the introduction by a spouse of his/her romantic partner to the children.  Sometimes a good way to alleviate some anxiety in this situation is to have a private investigator run a background check on the romantic partner.

Whatever the situation, the attorneys at Broder & Orland LLC with offices in Westport and Greenwich, have significant experience involving private investigators in developing the right legal strategy to optimize the desired result whether financial or custodial.