• Wed. Jun 7th, 2023

Divorce, authorities and a “winning narrative”


May 27, 2023

A single of a divorce attorney’s most vital roles is to assemble and handle a group of authorities to enable assistance your divorce narrative, your side of the story. Obtaining the greatest authorities who can present compelling proof is vital for greatest benefits.

Authorities can either advise discreetly in the background as consultants or present direct testimony by means of deposition or reside testimony ahead of a family members judge. A wide variety of authorities are generally named upon in Connecticut divorces. Forensic accountants who specialize in tax laws, enterprise valuations and cryptocurrency may possibly be necessary. Tracing and dissipation claims generally are essential to unravel, organize and present complicated monetary difficulties.

Mental overall health experts, such as psychologists, are applied to carry out custody evaluations. Compensation or vocational consultants, true estate appraisers, private investigators, laptop or computer authorities and other specialty appraisers of fine art, wine, vehicles or antiques are extra examples of other categories of authorities retained in divorce matters.

Coordinating a certified group of credible authorities with encounter testifying in court is essential as professional testimony gives the factual and evidentiary foundation on which your story rests. Professional input also assists to inform and design and style the method to discovery.

Authorities may possibly be named upon to define and/or evaluate:

— Complicated revenue streams (that may possibly influence an alimony award) like restricted stock, phantom stock, carried interest, deferred compensation (topic to vesting) and contingent compensation. Numerous people today in Fairfield County are not straight salary personnel and have complex, variable revenue streams.

— Complicated monetary assets such as ownership in private equity investments (restricted liability businesses, restricted partnerships, and so forth.), venture capital structures and hedge funds, amongst other individuals family members firms (with liquidity, valuation, and get-out challenges) and foreign and unregistered securities and investments.

— Present worth of true estate and exotic assets: the key marital residence, trip properties, family members estates (no matter whether or not they will be sold) exotic home and collections (wine, fine art, vehicles, horses, and so forth.).

— Tax consequences of promoting securities and/or home (neither celebration desires a tax liability surprise): massive tax liabilities may possibly be developed by way of liquidation of specific holdings in investment portfolios if essential in the division of assets tax remedy for factors like the “carried interest” related with hedge funds is complex and needs professional guidance.

— Parenting abilities and mental overall health, specifically as it may possibly influence physical custody and, visitation: A mental overall health qualified may possibly testify to the severity of a parent’s character disorder or pattern of substance abuse (e.g., narcissistic character disorder or alcohol abuse) and how it impacts their parenting abilities and the greatest interests of their kid. Also, a parent diagnosed with problems such as bipolar, substantial anxiousness or substance abuse may possibly be essential to undergo a mental overall health evaluation, rehabilitation, or monitoring as ordered by the court.

— Earning capacity: An earning capacity may possibly be assigned to spouse who is not earning revenue to his or her complete possible. A compensation qualified may possibly be hired to interview a spouse and analyze education, encounter and abilities and then named upon to testify as to that individual’s earning capacity. Assessing revenue possible is vital to the determination of alimony and kid assistance, and is generally in dispute.

— Private investigators: Private investigators may possibly investigate infidelity, hidden assets, unfit behavior relevant to kid custody and parenting, co-habitation of a former spouse, and criminal history.

Reality patterns in Connecticut divorce are generally complicated, specifically in the wealthier towns and communities in reduced Fairfield County. Presenting a “winning narrative” can hinge on the group of authorities assembled to assistance your claims.

Assembling a customized group of authorities to present a winning narrative with substance to enable the family members judge to see your vision of vital difficulties in your divorce dispute is an vital part of the divorce lawyer and a important to superior benefits.

Melissa Needle, a lifetime Connecticut resident, is founder of the Westport-primarily based law firm Needle Cuda. She has exclusively practiced divorce and family members law for additional than 30 years. She can be reached at 203-557-9500 or by way of the firm’s internet site, www.needlecuda.com.

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