Tag: Westport Lawyer

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.

Common Questions About Divorce in Connecticut

This Week’s Blog by Lauren M. Healy

Let’s face it – everyone knows someone who is divorced or going through a divorce. You may start the divorce process already armed with questions and misconceptions. Here are answers to some of the most frequently asked questions about family law in Connecticut.

Am I Allowed to Date During my Divorce?

Your divorce action has been filed in Connecticut. Are you and your spouse now “allowed” to start dating other people? The short answer is, yes. However, while you are not legally prevented from dating during the pendency of your divorce, use discretion. The divorce process is already emotional, even before you add third parties to the mix. The implications of dating during the divorce are different in every case, and can depend on many factors, such as whether children are impacted or if assets are being spent.

Does the Party Who Files for Divorce have an Advantage?

In Connecticut, it does not matter if you are the Plaintiff (the party who initially files the divorce action) or the Defendant (the responding party). There is no presumption of guilt or fault either way.  If your case goes to a Hearing or a Trial, the Plaintiff will present to the Judge first, and the Defendant will go second. Otherwise, Plaintiffs and Defendants are treated the same.

You may have personal reasons as to why you would prefer to be the person initiating the divorce action or the person responding to it. At Broder & Orland LLC, we try to take these preferences into consideration when deciding how to start the case.

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

In Connecticut, we have automatic orders (Connecticut Practice Book §25-5) that address this issue. If you are living together with your spouse on the date that the action is started, you may not deny him or her use of the current primary residence. If you believe that your circumstances warrant exclusive possession of the primary residence, you can file a Motion with the Court to request an order which prevents your spouse from living in the home during the divorce.

Do I Need to have a Reason for Filing for Divorce, Such as Adultery or Abandonment? 

Connecticut is a no-fault divorce state. This means that neither party has to prove, and a Judge does not need to make a finding, that one spouse is at fault for the breakdown of the marriage. Instead, in Connecticut, a party can file on the grounds of “irretrievable breakdown,” which is a claim that the marriage has broken down permanently without hope of reconciliation. Most Connecticut divorces are filed this way.

If you file for divorce on the basis of irretrievable breakdown, you may still argue that your spouse’s actions caused the breakdown of your marriage. However, such facts will go to the Judge’s decision about the division of assets and alimony and not to the issue of whether or not a divorce should be granted.

How Are Assets Divided in a Connecticut Divorce? 

Whether your case is resolved by agreement or a trial court order, in Connecticut, a Judge must find that the arrangement is equitable. Equitable does not always mean even, and assets are not necessarily divided 50/50 between spouses. Your assets will be divided in a way that is fair based on the circumstances of your case. Considerations include the length of your marriage, the nature of your estate, the employability of you and your spouse and the contributions of each spouse, as well as several other factors.

Broder & Orland LLC encourages potential clients to arrange for an initial consultation in either our Westport or Greenwich office in order to ask questions, dispel misconceptions and gain knowledge about the divorce process in Connecticut.

Divorce in Connecticut: The Guardian Ad Litem (GAL)

This Week’s Blog by Eric J. Broder

What is a Guardian Ad Litem in a Connecticut Divorce Case?

In the event that the parties cannot reach a resolution on parenting or custodial matters, a Guardian Ad Litem (GAL) is often appointed by the Court, either directly by the Judge or after agreement between the parties and counsel. The primary function of a GAL is to promote and protect the child(ren)’s best interests throughout the divorce case.

Who qualifies to be a Guardian Ad Litem?

To qualify, a GAL must be an attorney in good standing who is licensed to practice law in the state of Connecticut, or a mental health professional in good standing who is licensed by the Connecticut Department of Public Health in the areas of clinical social work, marriage and family therapy, professional counseling, psychology, or psychiatry.

Further, pursuant to Connecticut Practice Book Section 25-62 there is a training program which must be completed in order for a person to qualify as a GAL.

What is the Role of the Guardian Ad Litem?

The primary role of a GAL is to determine what is in the best interests of the child(ren) with respect to custody and/or a parenting plan. The GAL will investigate all relative facts and claims, meet with the parties, the child(ren), and any relevant third parties such as teachers, childcare providers, coaches, and/or medical professionals/therapists treating the child(ren) and the parties.

The GAL will participate in court hearings and possibly testify. If the matter goes to trial, the GAL will make recommendations to the court as to how the outstanding child(ren) related issues should be decided. In my opinion, the primary function of a GAL, in addition to the above, is to strongly encourage the resolution of disputes between the parties. 

Who Pays for the Guardian Ad Litem?

The GAL is paid for by the parties. The court will review the financial affidavits to determine the percentage each party will contribute to the GAL’s fees. If the parties cannot afford a GAL’s rate there is a sliding scale that the court can apply thereby limiting the hourly rate of the GAL.

What is the Difference Between a Guardian Ad Litem and an Attorney For the Minor Child (AMC)?

The basic difference is that a GAL represents the child(ren)’s best interests and, while the AMC supports the best interest of the child(ren), he or she primarily represents the child(ren)’s legal interests.  Generally speaking, a GAL is appointed for younger children, while an AMC is appointed for older children.

Another notable difference between a GAL and an AMC is that a GAL may testify as a witness at a hearing or trial and an AMC may not.

Can a Guardian Ad Litem be Removed from a Case?

While it is an extremely rare occurrence, it is possible for a GAL to be removed from a case. In order to do so, a party must file a motion with the court to seek the GAL’s removal and prove that the GAL is not acting in the best interests of the child(ren) and has a prejudice and/or bias against one of the parties.

At Broder & Orland LLC we carefully analyze and make all efforts to choose the most appropriate GAL for our client as well as his/her child(ren). Our hope and expectation is that a GAL will be able to work with the parties and their counsel directly to achieve a settlement which first and foremost benefits the child(ren).

How Do I Take a Deposition of an Out-of-State Witness in my Connecticut Divorce Case?

This Week’s Blog by Sarah E. Murray

  • A deposition of an out-of-state witness usually requires an Order from the Court
  • Once ordered in Connecticut, further litigation regarding the deposition can occur in the state where the witness lives
  • The deposition of the out-of-state witness will take place in the state where the witness resides, unless otherwise agreed

Can I Take the Deposition of an Out-of-State Witness for Use in My Connecticut Divorce Case?

Clients in Greenwich, Darien, and New Canaan sometimes have reason to want the sworn testimony of a witness who does not live in Connecticut. It is common for Fairfield County divorce clients to have contacts out-of-state, particularly in New York, who may be able to provide sworn testimony related to the divorce case. The reasons for needing the deposition testimony of out-of-state witnesses vary, and can include needing the testimony of an opposing party’s out-of-state employer, or a paramour, in order to obtain relevant information or to bolster one’s case.

If a divorce client and his or her attorney decide that the deposition of an out-of-state witness is needed, the next step is to determine the method by which that witness can be compelled to appear for a deposition in the case. Pursuant to the Connecticut rules, unless a witness agrees to appear at a deposition, that person can only be compelled to sit for a deposition if he or she is served with a valid subpoena.  If the client knows that the out-of-state witness is going to be in Connecticut on a particular day, it may be possible to arrange to have that person served in Connecticut with a subpoena for a deposition. If the witness is served with a subpoena while in Connecticut, then he or she is compelled to appear for a deposition within the county in Connecticut in which he or she is served.

If the witness is not able to be served with a subpoena in Connecticut, then the appropriate procedure is for an Application for Commission to take the deposition of an out-of-state resident to be filed in the Connecticut Court. The Application for Commission is a motion requesting an Order from the Connecticut Court that gives the party permission to depose the out-of-state witness in the state where that witness resides. Top Fairfield County attorneys will consult with an attorney in the state in which the witness resides prior to filing the Application for Commission in order to ensure that the Connecticut Order authorizing the deposition complies with the laws and procedures of the state in which the deposition is to take place.

Once filed, if the opposing party does not agree that the Application for Commission be granted as a matter of course, a judge in Connecticut will decide whether or not to grant it in accordance with Connecticut’s discovery rules. Assuming that it does get granted in Connecticut, the process does not end there. The witness must then be served with a subpoena in accordance with the laws and procedures of the state in which he or she is to be served, i.e., his or her state of residence. Some states allow a subpoena to be served on the witness, while others require that the subpoena (and sometimes an accompanying motion) be filed in that state’s court prior to being served. It is critical to follow the law of the state in which the witness is to be served so that the witness cannot claim he or she was served improperly.

What Happens Once the Witness is Served?

Once the witness is properly served, that witness can challenge the subpoena in the courts of the state in which he or she is served. At Broder & Orland LLC, we find it important to have local counsel involved when serving an out-of-state witness in order to assist with any litigation that may occur in that state. Local counsel can also assist in the event that the witness fails to appear for the deposition and a motion to compel his or her attendance is needed.

After the subpoena is issued and any litigation initiated by the third party witness is complete, the deposition can occur. In some circumstances, counsel may agree to have the deposition take place in Connecticut to save the time and expense of the parties and counsel traveling to the other state for the deposition. If there is no agreement for that to occur, then the deposition must take place out-of-state. That deposition testimony can then be used as part of the Connecticut divorce proceedings. Under Connecticut Practice Book rules, the deposition testimony can also be used in some circumstances in lieu of that witness’ testimony at trial.

At Broder & Orland LLC, we have experience in arguing for (and sometimes against) Applications for Commission to take the depositions of out-of-state witnesses, and we understand the strategic considerations that clients should take into account in deciding when and how to pursue the deposition of an out-of-state witness.

Carole T. Orland Quoted in the Connecticut Law Tribune, September 2018

Have you ever wondered how attorneys deal with the trials and tribulations of the job? The Connecticut Law Tribune set to find out in a recent article titled “Stress Kills: Finding Balance in an Often Thankless Profession.” Several prominent attorneys across the state were contacted for comment, including one of Broder & Orland LLC’s founding partners, Carole Topol Orland:

Carole Topol Orland of Broder & Orland [LLC] in Westport reasoned that areas such as family law are often filled with highly charged emotions, and lawyers need to be prepared to face that environment. “Yes, stress is a normal part of our profession,” she said. “Having practiced for over 40 years, I have learned to cope by focusing on positive solutions rather than allowing myself to get mired down in stressful situations. I am also most fortunate to have an office of supportive attorneys and staff on whom I can draw when things get rough. We find humor to be a great antidote.

Read the full article, published on September 13, on the official website of the Connecticut Law Tribune.