We welcome your feedback and comments. Feel free to email us confidentially with your ideas, complaints, questions and suggestions. Please also find more general information pertaining to family law at www.bermanlawct.com.
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Only you will be able to determine whether mediation is appropriate for your situation. In order for mediation to be successful, both parties need to come to the table with an open mind and with a similar goal; that is to reach an agreement that both spouses are comfortable living with so that you can close this chapter and move forward with your lives.
You may hear the term discovery used throughout your divorce. What is discovery and what role does it play in your divorce? Discovery is the process by which parties to a lawsuit find out about the facts of your case. The scope of discovery is wide in divorce cases. If a question has something to do with the marriage, children, property, debt, income or expenses, you can ask it and it will have to be answered.
Both sides must comply with discovery requests by producing documents and records to respond to questions. Connecticut starts the ball rolling by compiling a list of mandatory disclosure. The following are the documents each side must turn over pursuant to this mandatory disclosure:
(1) all federal and state income tax returns filed within the last three years, including personal returns and returns filed on behalf of any partnership or closely-held corporation of which a party is a partner or shareholder;
(2) IRS forms W-2, 1099 and K-1 within the last three years including those for the past year if the income tax returns for that year have not been prepared;
(3) copies of all pay stubs or other evidence of income for the current year and the last pay stub from the past year;
(4) statements for all accounts maintained with any financial institution, including banks, brokers and financial managers, for the past twenty-four months;
(5) the most recent statement showing any interest in any KEOGH, IRA, profit sharing plan, deferred compensation plan, pension plan or retirement account;
(6) the most recent statement regarding any insurance on the life of any party;
(7) a summary furnished by the employer of the party’s medical insurance policy, coverage, cost of coverage, spousal benefits, and COBRA costs following dissolution;
(8) any written appraisal concerning any asset owned by either party.
(9) an updated sworn Financial Affidavit.
However, keep in mind, this list is not exhaustive and most often, additional documents must be requested. An example of additional discovery requests include interrogatories, which are detailed written questions that you and/or your spouse must answer under oath.
Parties should exchange discovery within 30 days of the request, but often this time frame is not complied with. Your attorney can file a Motion to Compel discovery when your spouse does not produce answers and documents within the time frame provided. Your spouse might claim that the information requested is privileged or demanded with the intent to harass. At this point, the Court's intervention may become necessary to resolve this discovery dispute. When you believe a spouse is hiding assets, you can employ the skill of a forensic accountant; however, this is often costly and should be avoided unless absolutely necessary.
Another common discovery tool is the taking of either your or your spouse's deposition under oath. Before you submit to a deposition, your attorney should carefully prepare you because your testimony from a deposition can later be used in the trial.
Lastly, your attorney can subpoena documents and people who are not involved in your divorce. This tool is useful to retrieve bank records, employment records, or people who can help your case.
Often clients come into my office angry at their spouse. Feelings of bitterness and resentment drive their desire to make the divorce process as difficult as possible so that they can right all the wrongs that occurred in their marriage. As difficult as it may seem and as much as you want to hurt your spouse, the process always is smoother when you take a step out of your emotions for a moment, take a deep breath, and try to view your divorce as a business negotiation rather than a trial of your heart. When I advise divorcing clients, I encourage cordial and reasonable negotiations - otherwise, the uncontested matter can go south very quickly!
Many clients want their day in court. They want a judge to hear their side of events. What divorcing clients do not understand is that most times at the end of a trial, both spouses walk away unhappy at the end result. I tell clients that when both spouses are unhappy with the division of marital property, then the court probably did something right. It is always in everyone's best interest to try and reach an amicable agreement because you retain some control over the outcome. Once trial begins, the judge, who does not know you nor your spouse, will have the final say on how property is divided.
So before you file for divorce, reflect on your ultimate goals. The divorce process is NOT about making your spouse suffer but about moving on with your life.
Since you are reading this, you are probably involved in an imminent or ongoing divorce or custody battle. You are confused, angry, and frustrated. Future posts will offer insight into how divorces and/or child custody battles work, intelligent discussions and anecdotes on going through family law challenges, commentary on Connecticut case law, and so much more.
We welcome your feedback and comments. Feel free to email us confidentially with your ideas, complaints, questions and suggestions. Please also find more general information pertaining to family law at www.bermanlawct.com.