Posts tagged with "matrimonial law"

GPS Evidence Stricken: A Victory for the Fourth Amendment

GPS Evidence Stricken: A Victory for the Fourth Amendment

GPS units are not only handy devices that are, for many, becoming indispensable on the roads, but the technology is increasingly being utilized by law enforcement officials to track suspects, gather evidence, and ultimately build cases against criminal defendants.

Advocates of individual civil liberties and opponents of excessive governmental intrusion argue that the surreptitious placement of a GPS device by the police under a private citizen’s automobile runs afoul of the Constitutional protections against unlawful searches and seizures.  Prosecutors, on the other hand, contend that police have the right and option to view individuals operating their vehicles on private roads without a warrant, and the GPS device is merely an extension of such ability.

A defendant’s constitutional challenge to the practice was upheld in the Court of Appeals in New York (resulting in a reversal of a conviction, and ultimately a dismissal of criminal charges).  The issue is ripe to be challenged in Connecticut and other jurisdictions across the nation.

Our firm in Westport serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton.

If you have any questions or would like to speak to an attorney about a divorce or familial matter, please don’t hesitate to call our office at (203) 221-3100 for a free consultation. Divorce is difficult, education is power. Call today.

Breaking News: CT Supreme Court Rules in Favor of Same-Sex Marriage

Breaking News: Connecticut Supreme Court Rules in Favor of Same-Sex Marriage

In a narrowly split decision, the CT Supreme Court held that same-sex couples have the right to marriage, protected by the Connecticut State Constitution. Justice Palmer authored the decision, joined by Justices Harper, Katz and Norcott. The full text of the 85-page decision can be found on the judicial branch website: http://www.jud.ct.gov/.

Our firm in Westport serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton.

If you have any questions or would like to speak to an attorney about a divorce or familial matter, please don’t hesitate to call our office at (203) 221-3100 for a free consultation. Divorce is difficult, education is power. Call today.

Fairfield County Divorce Guidebook: A Roadmap to Matrimonial Law in Connecticut

The matrimonial law group at Maya Murphy PC has published a 66-page publication devoted exclusively to the subject of matrimonial law in Connecticut.  Intended as a guide for divorcing spouses, the publication covers the major areas, concerns, and focal points of family law cases in our court system.  Husbands and wives confronted with the difficult prospect of divorce are encouraged to read the guidebook in order to demystify the process and to enable them to better communicate with their attorney of choice.

The publication may be viewed by following this link: Fairfield County Divorce Guidebook.

Copyright © 2012 · Maya Murphy, P.C.
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Our firm in Westport serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton.

If you have any questions or would like to speak to an attorney about a divorce or familial matter, please don’t hesitate to call our office at (203) 221-3100 for a free consultation. Divorce is difficult, education is power. Call today.

Can I Stipulate in My Divorce for There to Be No Unmarried Cohabitation While Our Child Is Present in Connecticut?

You may include a morality clause in your divorce decree if you so choose.  The court is generally most concern with the best interests of the child involved in the divorce.  For this reason, a court is only likely to agree to such a clause if it is shown to be in the best interests of the child.  As my colleagues have stated, the issue may become whether the clause is enforceable once it has been violated.  Again, this will depend on what is in the best interest of the child.  If a court finds this request unreasonable and to have no impact on the child it will likely be unenforceable.

If you have any questions regarding divorce in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

If A Court Order of Visitation Stipulates for Joint Custody, Can One Party Not Allow the Child to Visit the Other in Connecticut?

No, one party cannot withhold visitation of a child from another party.  If there is a court order stipulating a visitation plan, you are entitled to its enforcement regardless of the feelings of your child or ex.  Even if your child decides they no longer want to have visitation, you are still entitled to visitation and may wish to consult with the court to enforce this right.  An experienced family law attorney is likely to have handled similar issues and will be experienced to educate you on the best way to proceed to enforce your rights as a parent.

If you have any questions regarding family law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

My Wife Moved out and Wants a Divorce. Can She Leave and Take Everything?

You may be able to address the issue of assets and debts in court, if your wife has moved out and took all of your marital possessions with her.  When you formally file for divorce, it is the court’s job to assign assets and debts.  It is unlikely that a court would find you entitled to spousal support, but this depends on certain facts of the case.  Among the considerations of a court are what the assets are, what money each party had before the marriage, what each party earns.  It would be beneficial to sit down with an experienced divorce attorney to sort out the facts of the case and to receive adequate advice on how to proceed.

If you have any questions regarding divorce in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com

Should I File For Bankruptcy in Connecticut if I Also Have an Ongoing Divorce in Connecticut?

If you have an ongoing divorce action in a state, you are better off filing for bankruptcy in that same state.  You cannot file for divorce in a state unless you have resided in the state for a certain period of time.  The same applies when filing for bankruptcy.  In Connecticut, you may not be eligible for file for bankruptcy unless you have lived in the state for over 90 days.  It would be best to consult with an experienced attorney who has dealt with these issues in the past.  An experienced attorney can consider the specific facts of your case and educate you on the best course of action to take.

If you have any further questions regarding divorce or bankruptcy law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Is Everything That Happens in Front of a Judge on the Record in Connecticut?

All court proceedings in front of a judge are recorded by a court reporter.  If you are in need of a copy of the record from the day you were in court, you have the option to contact the court reporter to get a copy of the transcript.  You can do so by contacting the court with your docket number, the date of your appearance, and the name of the judge.  If you are having custody issues, they may not be resolved simply by obtaining a copy of your court transcript.  It may be wise to consult with an experienced family law attorney who can educate you on all of your options and tell you the best way to proceed for the benefit of you and your child.

If you have any questions regarding family law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Am I Still Required to Pay Alimony if My Ex-Wife Has Remarried or Cohabitated with Someone?

Your obligation to pay alimony to your ex-wife does not simply terminate if she chooses to cohabitate with someone.  Alimony will however terminate once your ex-wife remarries.  If you have stopped paying alimony under her cohabitation, it is likely that a court will require you to pay your ex-wife the alimony owed to her during her time of cohabitation.  In this situation, it is very important to seek an experienced divorce attorney who can represent you and counsel you through this alimony issue.

If you have any questions regarding divorce in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Over 200 Massachusetts Children Abused While in State Custody

State officials found evidence supporting 249 allegations of physical and sexual abuse or poor care involving children in state-monitored settings last year.

The numbers were included in the Office of the Child Advocate’s 2013 report obtained by the Boston Herald (http://bit.ly/18XtUup ).

Thirty percent of the allegations were in foster care; 29 percent were in treatment programs; 19 percent in day cares; 18 percent from schools; and 4 percent from “others.”

State child welfare officials say the total number of abuse and neglect reports in out-of-home settings has remained steady in recent years.

But Sara Bartosz, an attorney for the advocacy group Children’s Rights, points out that the number of children in foster care is down.

A Department of Children and Families spokeswoman says the state works hard to protect all children.

From Boston Herald.