Broder Orland Murray & DeMattie LLC

There are no legal restrictions preventing you from having discussions with your spouse while your divorce case is preceding unless there is a restraining order or order of protection that prohibits you from having contact. Obviously, if you have children, you most likely will, and should be communicating on a regular basis. Hopefully, your communications in front of the children will be kept civil and appropriate.

Do not be surprised if your lawyers inquire whether you have a therapist (psychologist, psychiatrist, social worker) in place. You may even be asked this as early as in the initial consultation. It is not meant to be invasive. Your lawyer should know what type of support (other than legal support) you have as you engage in a legal process.

A divorce agreement or parenting plan that was sensible at the time of your divorce may no longer reflect the realities of your life. In these situations, it may be necessary to formally modify your divorce agreement or parenting plan. A knowledgeable lawyer can provide invaluable assistance.

The likelihood of success on appeal is largely determined by the level of scrutiny applied by the Appellate Court. The Appellate Court has broader authority to overturn a trial court’s decision when the decision rests upon a question of law, such as a question of statutory interpretation.

If a parent desire to relocate with a minor child before the divorce is finalized, the legal standard is the “best interest of the child.”

Second marriages: A prenuptial agreement can direct that children from a previous marriage receive a share of an individual’s estate.

The decision may come down to two main factors: what is most practical for your family and what are your financial circumstances? Contact us for more details.

Based in Westport and Greenwich, the post-judgment modification attorneys of Broder Orland Murray & DeMattie LLC are adept at modifying child custody, child support and alimony. We will remain attentive to your needs, goals and the best interests of your children as we work toward changing the terms of your custody or support agreement.

We provide experienced representation in securing expert assistance in effectuating a QDRO.

Connecticut law requires that marital property is distributed in an equitable manner. We are experienced in cases involving high net worth individuals such as those with extensive retirement assets, stock option and restricted stock benefits, and employee benefits such as pensions and options.

Yes. You can find more information under our "Family Law Resource Articles" section on our website.

Parenting plans must be fair, flexible, and in the best interest of the minor child(ren). With many parents working long hours, commuting significant distances to and from work, and traveling for business, the notion of a “typical workday” is largely a thing of the past.

This is called a contested custody case. This will mean that third parties will become an integral part of the case. If you have specific questions you would like to discuss, please contact our offices for more information.

Examples of a substantial change in circumstances may include a significant increase (or decrease) in one party’s income, an increased need for support or changes in the children’s lives requiring an adjustment of a parenting plan. Further, any changes to a parenting plan must be in the child’s best interests.

Usually. Without the need for formal information gathering or Court intervention, the cost–savings can be substantial, and especially so because there is no need to hire attorneys as advocates in this process. Contact our firm for guidance and more information.

Many believe that litigation and contentiousness go hand in hand. This cannot be further from the truth. Even if parties to a dispute have vastly different views, the parties can be respectful of their differences and cooperative throughout the process.

Relocation cases are some of the most challenging situations in family law because unlike other family law situations, where there is room for negotiation, in relocation cases, there is often not much room for the parties to reach common ground. Contact our firm to discuss your specific case.

Whenever possible, we strive to assist our clients in developing parenting plans without litigation. Of course, in situations where this is not possible, we aggressively protect our clients’ rights in the courtroom, while making sure the best interests of the children are paramount.

We routinely work with business valuation experts, financial experts and forensic accountants. In cases involving custody, visitation and parenting plans, we often work with private investigators, parenting coordinators, psychiatrists, therapists and social workers. By partnering with these professionals, we are sure to obtain a clear understanding of the specific issues of each case.

Unlike the trial court, the Appellate Court does not seek or require the submission of new evidence or new testimony. The cases at this level are resolved after each party submits well-researched briefs and argues his or her position before the Appellate Court.

This means that until the appeal is finally concluded, the trial court cannot enforce the order(s) that are the subject of the appeal. Pursuant to the automatic stay rule, that order would not be enforced during the pendency of the appeal without the trial court terminating the stay of execution of that order. Contact us to discuss your situation.

When appropriate, we are strong and assertive advocates, providing vigorous representation to our clients. In cases that require a more conciliatory approach, we often seek a resolution through negotiation or mediation. Contact us to find the right approach for your case.

We are skilled at handling complex property distribution matters involving the division of 401(k)s, pension plans and other retirement accounts. We engage in careful planning and take a detailed approach in order to achieve the desired outcome.

The moving parent must prove by a preponderance of the evidence that: (1) the relocation is for a legitimate purpose, the proposed location is reasonable in light of such purpose, and (3) the relocation is in the best interests of the child.

A Qualified Domestic Relations Order (QDRO) recognizes a spouse’s right to receive a portion of certain types of retirement plans and defines certain specifications regarding the distribution of those retirement plans upon a divorce.

If your former spouse is filing an appeal, you should speak with an appellate lawyer to make sure that your position is adequately defended on appeal and to ensure that your rights are protected during the pendency of the appeal.

Yes! Our attorneys have a firm understanding of the fundamentals and will guide you toward a favorable outcome. In addition, we regularly advise clients on matters related to child support, such as educational support orders, the costs of extracurricular activities and unreimbursed medical costs.

We have a complete understanding of the potential tax consequences associated with alimony and property distribution, and will advise our clients of the various advantages and disadvantages of each potential course of action. Every case is different. Call us to discuss more.

Our legal team often encourages clients to resolve post-judgment modification disputes through mediation and collaboration in order to save the time, expense and stress of going to court. When appropriate, however, our firm will aggressively assert our clients’ position through litigation in order to obtain the desired outcome.

A contested divorce is when a Court decides all issues related to the divorce after a trial. An uncontested divorce is when the parties agree on all issues related to the divorce and submit a written agreement to the Court for approval.

Retirement benefits constitute a significant asset for many married couples, particularly for executives, corporate officers and other high earners. Upon divorce, these benefits will be considered to be part of the marital estate and will be subject to equitable division. If you have significant marital assets, including retirement benefits, it is imperative that you have a lawyer on your side who fully understands how to protect your interests.

Stock options, restricted stock and employment benefits often have payout specifications and may not be accessible until several years after the marriage is dissolved. Additionally, recovering the assets could result in significant tax implications.

When determining whether to award an educational support order, courts must look closely at a number of factors. First, courts must find that the parents would have provided financial educational support to the child if the parents had not divorced. If the court believes that the parents would have financially supported the child’s education, the court will then look at a number of factors, including: -The parent’s income and assets -The child’s need for financial support, considering the child’s own assets and/or income -The availability of grants, loans and other financial aids -The reasonableness of the higher education to be funded considering the child’s academic record and the financial resources available -The child’s preparation for, aptitude for and commitment to higher education -The evidence, if any, of the institution of higher education or private occupational school the child would attend

Under Connecticut law, parents must file a parenting plan with the court that contains the following items: -A schedule indicating where the children will live (primary or physical custody) -A discussion of each parent’s decision-making authority regarding health, education, religious upbringing and other factors (legal custody) -An outline of steps to resolve future disputes between parents -A clear explanation of what will happen if either parent refuses to comply with the parenting plan -An accounting for each child’s needs as he or she matures -Provisions that will help minimize the child’s exposure to conflict between the parents Ideally, the parties to a divorce are empowered to work together to create a parenting plan that gives each parent meaningful, constructive time with the children.

There is joint physical custody or joint legal custody. Joint physical custody: In joint physical custody, parents share physical custody and the responsibility of providing a stable home environment. The child may live with one parent during the school year and another during the summer months, for example. Joint legal custody is the most common custodial arrangement because it gives both parents equal rights to make important decisions for their children and provides them with access to medical records, school records and other legal documents. Generally, joint legal custody will be granted unless there is overwhelming evidence to do otherwise.

For couples with children, it is crucial to consider the impact it will have on them. If a divorce is imminent, children need to be prepared. This may include direct, careful, compassionate and fair communication, or therapy and counseling. Prior to filing for divorce, it can be very beneficial to undertake several actions, including preparing your financial documents.

A motion for contempt requires a specific burden of proof to be met by the moving party. For for the court to make a finding of contempt you will need to show by clear and convincing evidence, the following: -There is a clear and unambiguous court order; -The order has been violated; and -The party that violated the Order acted willfully.

When determining whether a modification is warranted, the court will look to see whether there has been a substantial change in circumstances. Examples of a substantial change in circumstances may include a significant increase (or decrease) in one party’s income, an increased need for support or changes in the children’s lives requiring an adjustment of a parenting plan. Further, any changes to a parenting plan must be in the child’s best interests.

The likelihood of success on appeal is largely determined by the level of scrutiny applied by the Appellate Court. The Appellate Court has broader authority to overturn a trial court’s decision when the decision rests upon a question of law, such as a question of statutory interpretation. This is referred to as plenary review.

For many clients involved in complex divorces, the proper valuation of a family-owned or closely held business is essential in order to reach an equitable property distribution. Our law firm has handled numerous divorces involving such businesses. Our family law attorneys work closely with a number of financial and business experts who can examine and analyze the financial records of the business.

Judges in Connecticut operate under the assumption that joint custody is in the child’s best interests. Therefore, parents seeking sole custody must have significant evidence that it is in their child’s best interests to have sole custody. Generally speaking, for courts to determine that sole custody is in the best interests of the children, the court must see significant evidence of abuse, neglect or evidence of the other parent’s unfitness.

It is not uncommon for one spouse to have little knowledge of the other spouse’s employee benefits and retirement assets. When necessary, our firm will assemble a team of financial experts to help identify assets that are eligible for division. In Connecticut, all assets that exist at the time of divorce are subject to division, so even benefits brought into the marriage by each party need to be identified for the distribution of property.

Relocation cases are some of the most challenging situations in family law because unlike other family law situations, where there is room for negotiation, in relocation cases, there is often not much room for the parties to reach common ground. If you desire to relocate with your minor child or if you oppose such a relocate, it is vital to have knowledgeable legal counsel to advocate vigorously for your position.

Under Connecticut law, parents must file a parenting plan with the court that contains the following items: A schedule indicating where the children will live (primary or physical custody) A discussion of each parent’s decision-making authority regarding health, education, religious upbringing and other factors (legal custody) An outline of steps to resolve future disputes between parents A clear explanation of what will happen if either parent refuses to comply with the parenting plan An accounting for each child’s needs as he or she matures Provisions that will help minimize the child’s exposure to conflict between the parents Ideally, the parties to a divorce are empowered to work together to create a parenting plan that gives each parent meaningful, constructive time with the children.

Yes there are alternative dispute resolution services, including mediation and collaboration. In certain cases mediation and collaboration can be appropriate alternatives to litigation and more cost-effective, as well. In our opinion, for mediation and collaboration to be successful, the parties must want to get on with their lives, be committed to the process and be able to conduct themselves with the utmost civility toward each other.

In determining whether the proposed relocation is in the minor child’s best interest, the court shall consider, but such consideration shall not be limited to: Each parent’s reasons for seeking or opposing the relocation; The quality of the relationships between the child and each parent; The impact of the relocation on the quantity and the quality of the child’s future contact with the non-relocating parent; The degree to which the relocating parent’s and the child’s life may be enhanced economically, emotionally and educationally by the relocation; and The feasibility of preserving the relationship between the non-relocating parent and the child through suitable visitation arrangements.

Typically, the payment of certain expenses, such as extracurricular activities, must be negotiated as part of a child support agreement. Payment of these expenses can be a source of disagreement between parents. At Broder & Orland LLC, our law firm represents parents facing these and other complex issues.

Whether you are just starting to consider divorce, or you are amid divorce proceedings, our firm can help. At Broder & Orland LLC, our Westport divorce lawyers are experienced in the trial and settlement of a wide range of divorce cases. For more information, please contact us.