Back in September I blogged about how lifetime alimony awards in Connecticut were substantially decreasing. Lifetime alimony in Connecticut – is it over? – Bridgeport, CT Metro/Family and Personal Injury Law Blog | Brian D. Kaschel La
Now comes word that legislation will introduced in Connecticut to eliminate lifetime alimony.
If passed, the new law would create different types of alimony depending on the length of the marriage and the financial positions of each spouse. Of course, these are the primary factors a judge currently weighs when making alimony orders. However, unlike now, there will be little room for a judge to decide or weigh anything. Alimony will simply be determined based on a schedule similar to how child support is calculated. Enter some numbers and the duration of the marriage into a worksheet and voila, we have an alimony order.
I wonder if the proposed bill will have “deviation criteria” akin to child support where the calculation derives a presumed number but there could be a deviation. But maybe that would create excessive litigation?
Opponents of the bill argue that it limits the discretion of a judge to tailor alimony awards to the particular circumstances of a case. Others argue that abused spouses may risk staying in a violent marriage longer to “earn” more alimony.
Connecticut Divorce Arbitration is an example of Alternative Dispute Resolution in that the contested issues are resolved outside of court. However, it differs from mediation. I think it is easiest to think of mediation as a facilitated settlement process and arbitration as a quicker and potentially less expensive quasi-trial.
Mediation is a process where the spouses agree to hire a divorce mediator (usually a family law attorney) to facilitate settlement. This involves the spouses meeting as many times as necessary with the mediator until an agreement is reached. The agreement is reduced to writing by the mediator and signed by the parties. The parties go to court (typically sans lawyers) and request that a judge approve the agreement – an uncontested divorce. This agreement then becomes their final Separation Agreement. If mediation fails (i.e. no settlement is reached) the case proceeds through the court system.
Arbitration is a procedure similar to a trial. The parties agree that their disputes will be decided by an arbitrator. An arbitrator is usually a seasoned family law attorney or a retired judge. Effective October 1, 2005, Connecticut approved the use of arbitration in certain family law matters such as alimony and property distribution. However, arbitration is not permitted in issues concerning child support, custody or visitation. With limited exceptions, arbitration decisions are final and cannot be appealed.
Why choose arbitration?
Cost – often less expensive than a full court trial.
Time – in some courts the backlog of cases forces parties to wait years for a judge to hear their case. Arbitration is much a speedier process.
Please contact me to discuss Connecticut Divorce Arbitration.
Here’s a list I wish I could give clients before they consult me:
1. Do gather financial records. Important financial records such as tax returns, pay stubs, statements from all bank accounts (including credit cards) and retirement accounts such as 401k’s and pensions should be gathered and made available to the attorney early in the process.
2. Do maintain a journal. It should consist of events you believe are significant. Your lawyer can sort out what’s relevant and what’s not.
3. Do not involve the children in any part of the process. Never. Ever.
4. Do not use social media (Twitter, facebook, Myspace) to bash your spouse assuming it cannot be used against you.
5. Do not use joint accounts to spend money foolishly. And never hide money. If you do and you’re caught, it will be presumed there’s more unaccounted for. As a result, you won’t like the financial orders which will be imposed upon you.
6. Do not get advice from non-lawyers about the divorce process. Friends and family are always a welcome emotional support during a difficult time. However, relying on them for guidance may prove costly.
7. Do keep your private life…well private. Bringing the new companion around the children is a no-no. You may have moved on but your children haven’t. And if there no children – don’t move in with the flame or otherwise exacerbate the situation by flaunting the replacement.
8. Do understand your monthly expenses. Inevitably, there will be less money to meet your needs; not more. Prioritize your expenses and budget accordingly. Project what your lifestyle will look like post-divorce.
These are just few that come to mind.
Please contact me if you have questions about preparing for a Connecticut divorce.
In the U.S., someone is injured or killed in a train accident every 110 minutes. In Connecticut alone, there have been more than 50 fatal train accidents in the last decade. Far deadlier than most Connecticut car accidents, collisions with trains are often blamed on the car driver.
Yet, is there more that can be done to stop cars from crossing tracks when a train is coming?
According to the National Transportation Safety Board (NTSB), driver error causes more than 80 percent of all train-and-car collisions. Roadway conditions cause most of the other accidents and safety equipment malfunction is to blame in one to two percent of all railroad accidents.
However, the data it not as clear as it may seem. First, federal investigators usually do not investigate train accidents. The FRA will step in when there are casualties or significant property or environmental damage. Furthermore, the law takes much of the blame off railroad companies, since trains have the right of way and pedestrians are often considered “trespassers” on railroad property.
Finally, safety equipment is not at the standards it could be. For example, there are lights and gates that stop motorists from crossing railroad tracks, but the gates break on impact and do not stop cars from going through them in poor weather conditions.
Every year, the Federal Railroad Administration (FRA) studies which railroad crossings are likely to have the most accidents and publishes this information to the states, which can then decide whether or not to improve those crossings. Yet, according to a review by Hearst Connecticut Newspapers, those crossings were not the ones with the most collisions. The review studied Connecticut accident locations since 1975, finding that five crossings in Fairfield County had at least five collisions each, with one crossing – Camp Avenue in Darien – accounting for 11 train-and-car accidents.
Even when the finger is pointed toward them, those injured in accidents at railroad crossings should turn to a personal injury lawyer to discuss their case and their options for recovery.
Take a look at the link below. The blog references some sobering quotes from a judge who presides over custody cases in New York. I have heard many attempts by judges to encourage parents to settle custody cases but never anything as blunt as this!
I DON’T Love Your children! | NYC Divorce Mediation
Any thoughts?