Law Office of Robert A. Skovgaard The Personalized Care And Attention Your Family Deserves 2025-03-31T12:46:06Z https://www.robskovlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1301996/2019/10/apple-touch-icon-75x75.png On Behalf of Law Office Of Robert A. Skovgaard <![CDATA[What Connecticut considers when awarding alimony]]> https://www.robskovlaw.com/?p=47947 2022-08-23T07:10:05Z 2020-12-01T07:03:38Z same set of variables. What are some of the key considerations that determine whether you may pay or receive alimony after a divorce?

The length of your marriage

An alimony award is more common in longer-term marriages than shorter ones. This does not automatically mean that you should expect to pay or receive alimony following a long-term marriage, but it often increases your chances.

The earning potential of both parties

If one of you has a higher earning potential than the other, this may, too, increase the chances of an alimony award. If you are older and less employable than younger parties navigating divorce, this may also increase the chances of you securing an alimony award.

The physical and mental health of both parties

Your physical and mental health, and that of your former partner, may also impact your employability and ability to earn a living on your own. Thus, if you lack the physical or mental capacity to make a living in the absence of your partner, you may be more likely to receive alimony in your split.]]> On Behalf of Law Office Of Robert A. Skovgaard <![CDATA[Hiding assets during a divorce is risky]]> https://www.robskovlaw.com/?p=47943 2022-08-23T07:10:19Z 2020-09-10T20:00:53Z In Connecticut, divorcing spouses typically receive an equitable share of the marital estate. Therefore, while you may not end up with exactly half of everything you and your soon-to-be ex-spouse own, you should have enough to begin your post-divorce financial life.  Of course, if your spouse hides assets in the lead-up to your divorce, you may end up with significantly less than your rightful share. While there are ways to find hidden assets, concealing marital wealth is risky for the deceptive spouse. 

Inequitable division of marital wealth

During divorce proceedings, both you and your spouse have a legal duty to disclose income and assets. If your husband or wife fails to do so, a judge may award you more than an equitable share of the concealed wealth.  As a result, your deceptive spouse may end up with less than his or her fair share. 

Potential criminal consequences

Divorcing spouses often make financial declarations under the penalty of perjury. Accordingly, if your spouse is not forthcoming about marital wealth, he or she may be vulnerable to potential criminal charges.  Likewise, if your husband or wife must commit fraud or otherwise violate the law when hiding assets, a criminal prosecution may be likely. 

Contempt of court

Judges have broad authority over what happens in their courtrooms. If a judge believes your husband or wife is actively trying to deceive the court, he or she may hold your spouse in contempt.  While contempt of court may be less scary than potential criminal charges, either threat or the possibility of receiving less may encourage your spouse to be truthful about your marital assets from the outset. ]]> On Behalf of Law Office Of Robert A. Skovgaard <![CDATA[Signs a divorce may be coming]]> https://www.robskovlaw.com/?p=47938 2022-08-23T07:10:26Z 2020-06-05T16:25:46Z In a long-lasting marriage, the red flags of divorce can be hard to notice. After spending years together with a spouse, couples can start running through the motions of being in a relationship drift past things that need serious attention. Missing these critical signs can be a significant factor that leads to As many as 50% of marriages result in divorce or separation. Couples who can spot warning signs of divorce may be able to reduce this figure. These are only a few warning signs that indicate a divorce may be just around the corner.

Unprovoked hostility

When a couple encounters things that result in aggression when it usually doesn’t, this can be a sign of resentment towards a spouse. An example of this would be forgetting to take out the trash resulting in an explosive argument instead of a simple reminder.

Neglect

A spouse distancing themselves from their partner is also a sign of emotional distancing. This behavior can appear as spending considerable time in a separate room, or even another location entirely. Neglect from a spouse can even be as simple as responding only with minimal dialogue.

Drastic changes to intimate life

Any unusual change to the sexual relations between a married couple can indicate a troubled marriage. A substantial increase can be as much of a threat as a significant decrease in the frequency of intercourse.

Prioritizing other relationship

A distancing spouse may put more time and energy into other relationships, either through the internet or in other people like coworkers. This action may be an effort to fulfill emotional needs in other places.

Addiction

When a spouse had an addiction, either to substances or habits like gambling, and will not pursue treatment for it, it can create an irreparable divide in marriage. Spouses who watch their loved one sink into addiction can feel like their loved one is choosing their obsession over their marriage.

Therapy resistance

Therapy and counseling can be powerful tools to repair issues in a marriage. If a spouse resists treatment or even refuses to attend, it may signal that they are not interested in protecting the union. If a spouse presents one or more issues like these in a marriage, it may indicate an imminent divorce. The other spouse then has the option to either fight to fix the problems or prepare for divorce.]]> On Behalf of Law Office Of Robert A. Skovgaard <![CDATA[Should you move out of the family home?]]> https://www.robskovlaw.com/?p=47847 2022-08-23T07:10:32Z 2020-05-16T15:50:14Z Divorce almost always causes emotions between the spouses to run high. As a result, one spouse may be tempted to leave the family home. If you are currently in a situation that makes leaving more appealing than staying, you may want to carefully weigh the pros and cons of doing so. You may also want to seek the guidance of a legal professional.  According to HG.org, moving out of the family home does not necessarily mean you lose your interest in it. Your decision may, however, influence other aspects of your case.  Possibility of abandonment   If you leave the family home without consent from your spouse, with the intent to leave the marriage and without communicating the matter to the other party, you risk losing your rights to the home in divorce. This is especially true if your spouse continues to maintain the home and pay for all expenses associated with it, while you contribute nothing. In the latter scenario, the judge may find you guilty of abandonment.  Loss of input  Except in extreme cases of abandonment, it is unlikely that your leaving of the family home will affect your interest in the property. Rather, the judge will likely divide the home and property within it in accordance with state laws.  That said, when you leave the home before the divorce is final, you lose your right to control what happens within it — or to the items it holds. This means your spouse can modify the home without your input, sell items without your consent and even damage the property at will. If you want to retain separate assets, take them with you. If you want to hold onto certain marital assets or preserve the integrity of the home, consider moving into the spare bedroom and not out of the home.  Expectation of privacy   When you leave the family home before the divorce is final, you not only risk losing control over what goes on within the home but also, you lose your right to access it. Just like when you move into a new home or apartment you expect a certain level of privacy, so too does your spouse. Even though you shared the home while together, once you leave it, you cannot reenter and leave at your whim. You must have permission from your spouse, and he or she does not have to grant it.  Child custody   Though there are no laws that say you cannot leave the family home before divorce, many judges do take it into consideration when children are involved. If you move out without seeking legal help or temporary child custody orders, you may unwittingly sabotage your child custody case. ]]> On Behalf of Law Office Of Robert A. Skovgaard <![CDATA[What are the pros and cons to establishing paternity?]]> https://www.robskovlaw.com/?p=47842 2022-08-23T07:10:38Z 2020-04-30T21:04:59Z The potential drawback of establishing paternity First, there are the potential drawbacks. The biggest drawback of legal paternity is the responsibility to provide financial support. For many fathers, this is not a problem. After all, it only applies if you and your co-parent split up and there is a child support agreement in place. For some fathers, finances may be a big issue. They might barely have the means to support themselves, let alone a family. The primary benefit of paternity There are many benefits to establishing paternity as well. The National Responsible Fatherhood Clearinghouse discusses the importance of establishing paternity. This relates to the biggest benefit: having a legal say in what happens to your child. Without establishing paternity, the law does not view you as the legal father. Even if you are the father, even if you raise the child, you must establish paternity for legal matters. What if a co-parent decides to cut you out of the child's life and you do not have legal paternity? There is very little you can do to stop them without establishing paternity first. For many fathers, the ability to stay in a child's life is worth any potential cost. It is important for every father to examine his personal situation and decide if there is a need or desire to legally establish paternity of a child.]]> On Behalf of Law Office Of Robert A. Skovgaard <![CDATA[What are some child support considerations for a divorce?]]> https://www.robskovlaw.com/?p=47834 2022-08-23T07:10:44Z 2020-04-17T19:26:08Z considerations Forbes recommends keeping in mind. Tax consequences Recent tax changes in the past few years put child support payments outside of the tax system. Payors no longer have the opportunity to deduct child support payments from their taxable income. Similarly, the parents receiving child support may not need to pay income on this money. Relation to other payments Courts treat child support as more important than spousal support. Because of this, if you owe money on both child support and spousal support, the courts generally attempt to collect on the child support payments first. Similarly, when calculating spousal support and child support payments at the onset, child support gets prioritized. Potential for modifications Under some circumstances, you have the opportunity to modify child support orders. These attempts are not always successful, but the option is available. One reason you might want to have the courts recalculate child support is a change in the living arrangements. For instance, you might have taken on more parenting responsibilities while the other spouse goes back to school or the child may have chosen to move in with you instead. Child support payments help ensure that both parents contribute to the expenses necessary for raising happy and healthy children. During a divorce, keeping this in mind might help to quell any feelings of resentment toward the receiving spouse. However, it is also important to remember your own financial health for the years ahead.]]> On Behalf of Law Office Of Robert A. Skovgaard <![CDATA[Who makes property division decisions in a divorce?]]> https://www.robskovlaw.com/?p=47820 2022-08-23T07:10:51Z 2020-04-06T15:59:21Z One of the important tasks that occur during a divorce is separating property. During the marriage, you likely accumulated some valuable property together, which you must now figure out how to divide. There is some misunderstanding about how this process works, though.  The American Bar Association explains that the court does not always have to be the one who divides your property. In fact, having the court create the property division plan is just one of the options you have. The other option may be more inviting, but for some couples, it may be more difficult to make happen.  The other option  You and your spouse can bypass having the court divide your property. You can do this through negotiations or other alternative dispute resolution methods. Obviously, making the decisions yourself will only work if you can find common ground and reach an agreement.  If your divorce is hostile with very little possibility of you and your spouse working together, then you may have no choice but to leave property division up to the court. However, making the decisions yourself provides you with a lot of flexibility because you do not have to follow strict guidelines like the court does.  The court  If the court has to make the decisions for you, it must follow the law in doing so. The court will have to assess all your assets and determine if they are marital or separate property. Marital property is generally anything obtained during the marriage. Separate property is what you brought into the marriage.  The court also makes decisions based on equitable distribution laws. This means a fair division of property, but it does not guarantee an even split of property. The court can use many factors when making decisions on who gets which asset. The final decisions may not be what you or your former spouse want, but the court’s final ruling is legally binding. ]]> On Behalf of Law Office Of Robert A. Skovgaard <![CDATA[How can I make divorce less stressful?]]> https://www.robskovlaw.com/?p=47815 2022-08-23T07:10:57Z 2020-04-02T20:26:54Z uncontested divorces are less stressful than those that go through the entire trial process. What is an uncontested divorce? Essentially, an uncontested divorce is when neither party objects to the divorce itself or has financial grievances. In an uncontested divorce, both parties agree on things like child support, child custody, and spousal support. Property division is also not an issue in an uncontested divorce. Since it is common for divorcing couples to have issues with at least one of these things, uncontested divorce is somewhat uncommon. However, it does appear, particularly in divorces that do not involve large amounts of property or children. What are the negatives? While an uncontested divorce may be appealing on a certain level, if you do happen to have grievances with your spouse, it is probably not the best idea. Uncontested divorces are far more expedient, but living with the consequences of not sticking up for yourself may outweigh this benefit. Particularly if you have children, it is important to understand the terms of child support and custody if you are seeking an uncontested divorce. Before pursuing an uncontested divorce, make sure that you actually have no grievances. Again, this is comparatively rare.]]> On Behalf of Law Office Of Robert A. Skovgaard <![CDATA[Several firearms found following domestic violence arrest]]> https://www.robskovlaw.com/?p=47810 2024-04-10T11:33:13Z 2020-03-23T18:24:39Z domestic violence victims may fear that asking for a divorce will only cause it to escalate. They may even believe themselves to be able to endure the worst of it if it means protecting others they love (such as their children). A potentially dangerous situation Sadly, many who hold to that line of thinking are tragically proven wrong. Law enforcement authorities in California believe that a woman and her two children may have narrowly escaped what might have been just such an escalation when they arrested her partner on domestic violence charges. After responding to the call for help and taking the suspect into custody, they subsequently found several firearms and ammunition both in his home and around his property. Details of the incident of domestic violence were not released other than the event did result in a physical altercation. One responding officer indeed acknowledged that the situation might have ended a lot worse. Seeking needed protection This case serves to demonstrate that those who find themselves trapped in abusive marriages do indeed have protective resources they can rely on to assist in their escape. Often it only takes finding such help in order to initiate their journey towards ending their abuse. An experienced family law attorney may be of great assistance in aligning anyone in such a situation with these resources.]]> On Behalf of Law Office Of Robert A. Skovgaard <![CDATA[Are you taking care of your mental health while going through divorce?]]> https://www.robskovlaw.com/?p=47805 2022-08-23T07:11:10Z 2020-03-06T00:35:59Z GoodTherapy has to say about the idea. Seeing a mental health specialist in Connecticut can be key in helping you through a tumultuous time of life. Creating a healthy mental foundation  Divorce can rock you to your core, leaving you feeling emotionally and mentally unbalanced. By talking with a therapist about how you feel, you can gain a healthy perspective about your split and how it impacts you. A therapist can help you uncover strengths and coping mechanisms that you may have never considered. Deciding on the right therapy  Once you decide whether therapy is right for you and your situation, the next step is to decide what type of therapy is your most favorable option. If you and your current spouse are on good terms, you may like the idea of enrolling in couples therapy. That way, you can better facilitate an amicable divorce, which can help save a great deal of time and money. Do you have children? If so, a family therapist may prove instrumental in helping your kids cope with the news of their parent's split. Utilizing coping mechanisms Besides traditional therapy, you can utilize several coping strategies to help manage your mental health. For instance, mindful meditation and deep breathing exercises can help you feel grounded and increase your sense of calm. Engaging in self-care and reaching out to friends and family to talk are additional helpful coping strategies. Do not leave your mental health to chance during divorce proceedings. Taking care of your mind and emotions helps you more than you may realize.]]>