Posts tagged with "divorce attorney westport"

Prenups are for More than Just the Wealthy

A prenuptial agreement is an agreement between two individuals planning to get married on how property will be distributed on the possibility of their separation. While no one likes to imagine separating at such an exciting time as just before marriage, if you have extensive assets, it must be considered.

Individuals with high wealth and those who are getting married later in life have often accrued a significant number of assets that it would be difficult to part with in the unfortunate event that their marriage did not work out. Entrepreneurs with established businesses could also find it beneficial to protect their enterprise by using a prenuptial agreement to ensure that business assets remain with them in the event of a break up.

For people who have been married before, or who have kids from a previous relationship, prenuptial agreements are much more common because they have already experienced a divorce and know how messy property division and child custody issues can be. Prenuptial agreements are also more common for marriages where one of the parties has inherited or will inherit a large sum of money.

Enforcing a Prenuptial Agreement

When executing such an agreement, an attorney is necessary to complete the process correctly. While courts in Connecticut will enforce a prenuptial agreement, it must meet some very strict guidelines or a court may completely disregard it. Some of these guidelines include full disclosure of assets, a signed document in writing, and for each party to have individual professional representation. Such guidelines ensure fairness and efficiency of the process so no spouse is left in the dark upon divorce.


If you are considering a prenup or need to have one enforced upon divorce, contact Joseph Maya and the other experienced attorneys at Maya Murphy at 203-221-3100 or JMaya@Mayalaw.com to schedule a consultation today!

Can a Connecticut Court Enforce or Modify My Divorce Judgment if it Was Issued in Another State?

Under Connecticut law, any party to a matrimonial action brought in another state can file a certified copy of such a “foreign” state’s divorce judgment in Connecticut Superior Court.  So long as the foreign judgment is final and has not been altered, suspended, or vacated, it will become a judgment of the Connecticut court and – with one important distinction noted below – will be treated in the same manner as if the divorce had originally been granted in Connecticut.

Filing a Foreign Judgement in Connecticut

The party who files the foreign judgment in Connecticut must notify his or her former spouse by sending the relevant papers to the spouse’s last known address by registered mail within five (5) days of filing, and through personal service by a Connecticut State Marshal.  However, the filing party may not move the Connecticut court to enforce or modify the judgment until twenty (20) days after these papers have been served.  Once the twenty-day period has expired, either party can then file post-judgment motions in the Connecticut Superior Courts.

One distinction between divorce judgments originally obtained in Connecticut and foreign judgments later filed there should be noted.  With such foreign judgments, Connecticut law mandates that courts apply the substantive law of the state in which the judgment was originally obtained.  Accordingly, a Connecticut court reviewing a Florida judgment in response to a request to modify its child support provisions, for example, would apply Florida law governing the modification of child support.

In such cases, there may be material differences between Connecticut law and the law of the state in which original judgment was issued, which could affect, for example, the relief available or the burden of proof a party must meet to obtain the requested relief, among other things.  It is therefore advisable to consult with a Connecticut matrimonial attorney who also is familiar with the relevant foreign state’s family laws before filing a foreign judgment in Connecticut.

If you have questions regarding divorce law or any family law matter, contact Joseph Maya and the other experienced attorneys at Maya Murphy, P.C. at 203-221-3100 or by email at JMaya@MayaLaw.com.