Posts tagged with "divorce lawyer westport"

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.

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 or any family law matter, contact Joseph Maya at 203-221-3100 or by email at JMaya@MayaLaw.com.

Can I Ask a Connecticut Court to Enforce or Modify a Divorce Judgment 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 been originally granted 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 or 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 Court.

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, must 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 the original judgment was issued, which could affect, among other things, the relief available or the burden of proof a party must meet to obtain the requested relief. 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.

The attorneys of Maya Murphy, P.C. frequently represent clients in matters involving the enforcement or modification of foreign matrimonial judgments by Connecticut courts, and they are familiar with the family laws of other states. Please contact Ephraim J. Fink at Efink@Mayalaw.com or at (203) 221-3100 ext 109 if you need counsel.

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Can I Ask a Connecticut Court to Enforce or Modify a Divorce Judgment 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 been originally granted 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 or 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 Court.

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, must 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 the original judgment was issued, which could affect, among other things, the relief available or the burden of proof a party must meet to obtain the requested relief. 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.

The attorneys of Maya Murphy, P.C. frequently represent clients in matters involving the enforcement or modification of foreign matrimonial judgments by Connecticut courts, and they are familiar with the family laws of other states. Please contact Ephraim J. Fink at Efink@Mayalaw.com or at (203) 221-3100 ext 109 if you need counsel.

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Protecting Your Interests in a High-Asset Divorce

Whether or not you consider yourself a high earner or a high worth individual, if you have considerable assets at stake and divorce is knocking at the door, we are here to help. At Maya Murphy, we deal with divorces every day, whether they include athletes, businesses, famous individuals, those with large amounts of wealth or just the average person. Our divorce practice has been established for over a decade and is built on experience gained in both New York and Connecticut tribunals. We can help you take proactive steps to position yourself for a fair allocation. Not every high-asset divorce is destined for trial. We will explore mediation to resolve or narrow the issues and out-of-court negotiations for everything from IRA, 401(k) and pension savings and alimony to child custody and child support. However, if needed, the high asset divorce attorneys of Maya Murphy are proven litigators who are ready and able to bring a case to trial.

When it comes to high asset divorce, there are many more factors that must be considered when reaching an appropriate settlement. Here at Maya Murphy, we are familiar with every nuance of high net worth divorces, including:

  • Valuation of a business or professional license
  • Valuation and sale/refinancing of the marital home
  • Valuation and division of investment property
  • Other real estate (vacation homes, rental property)
  • Variable or seasonal income, as from pro athletes
  • Verification of income from all sources
  • Stock options and deferred compensation
  • The marital portion of IRA, 401(k) and pension savings
  • Validity (enforceability) of prenuptial agreements
  • Other issues of separate property versus marital property
  • Distribution of joint liabilities, and
  • Discovering hidden assets.

We realize there are additional considerations in a high-asset divorce beyond the division of assets such as privacy of the individuals, goodwill of a business, or unwanted media attention. We can cater our representation to your needs and your busy schedule. At the onset of representation, we will listen to your goals and come up with a plan to best achieve them. You will be kept informed each step of the way and involved in this process as little or as much as you would like.

So if you are considering divorce, or divorce proceedings have already begun, feel free to contact the high asset divorce group at Maya Murphy today to discuss your options. We are available anytime at 203-222-MAYA or by email at Ask@mayalaw.com. Schedule your free consultation today!

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Can My Spouse Take Everything in the Divorce?

The short answer is simple: no. Contrary to what you may hear, or what you may think, your spouse cannot take everything you own in a divorce. As a whole, our society throws around phrases like “she took him to the cleaners,” or “she bled him dry,” but those statements are far from the truth. In reality, Connecticut courts follow equitable distribution laws when dividing marital property upon divorce. The statute states:

“At the time of entering a decree annulling or dissolving a marriage or for legal separation pursuant to a complaint under section 46b-45, the Superior Court may assign to either the husband or wife all or any part of the estate of the other.” CONN. GEN. STAT § 46b-81(a)

But no court awards all of one spouse’s property to another because the court must follow certain factors and considerations when deciding who gets what. Before such factors are even considered, the couple’s property is first classified to determine which property is even eligible for division. Such classification involves the court determining whether the asset was earned prior to or subsequent to the date of marriage to determine whether the asset is marital property. To simplify, usually property owned before marriage is not subject to division but anything acquired during the marriage is.

Once the property is classified, then the court will apply a bunch of equitable factors to determine who gets what property. For instance, in Connecticut, equitable distribution of property “should take into consideration the plaintiff’s contributions to the marriage, including homemaking activities and primary care taking responsibilities. . . and that a determination of each spouses’ contribution includes non-monetary as well as monetary contributions.” O’Neill v. O’Neill, 13 Conn. App. 311.

Such factors are also considered alongside the length of the marriage, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities, and needs of each of the parties and the opportunity of each for future acquisition of capital assets and income. C.G.S.A. 46b-81 (c).

These steps the court must take before dividing property upon divorce ensures no one gets “hosed” or “cleaned out” upon divorce. While one spouse may end up feeling one of those ways, the actual distribution is never the ultimate reason why.

If you or someone you know is preparing for a divorce, or needs representation for divorce, feel free to call one of the experienced divorce attorneys at Maya Murphy, PC today. Our attorneys have decades of experience with divorce and family issues in both Connecticut and New York including child custody disputes, high asset divorce, alimony modifications and divorce mediation. Feel free to call 203-222-MAYA or email Ask@mayalaw.com to schedule a consultation today!

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