• Wed. May 31st, 2023

Divorce, authorities and a “winning narrative”


May 27, 2023

One particular of a divorce attorney’s most essential roles is to assemble and handle a group of authorities to support assistance your divorce narrative, your side of the story. Obtaining the greatest authorities who can deliver compelling proof is important for greatest final results.

Authorities can either advise discreetly in the background as consultants or deliver direct testimony through deposition or reside testimony ahead of a loved ones judge. A wide variety of authorities are typically named upon in Connecticut divorces. Forensic accountants who specialize in tax laws, business enterprise valuations and cryptocurrency may well be necessary. Tracing and dissipation claims typically are essential to unravel, organize and present complicated economic concerns.

Mental overall health pros, such as psychologists, are utilized to execute custody evaluations. Compensation or vocational consultants, genuine estate appraisers, private investigators, computer system authorities and other specialty appraisers of fine art, wine, vehicles or antiques are more 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 offers 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 well be named upon to define and/or evaluate:

— Complicated revenue streams (that may well impact an alimony award) which includes restricted stock, phantom stock, carried interest, deferred compensation (topic to vesting) and contingent compensation. Quite a few people today in Fairfield County are not straight salary personnel and have complex, variable revenue streams.

— Complicated economic assets such as ownership in private equity investments (restricted liability corporations, restricted partnerships, and so forth.), venture capital structures and hedge funds, amongst other individuals loved ones enterprises (with liquidity, valuation, and get-out challenges) and foreign and unregistered securities and investments.

— Present worth of genuine estate and exotic assets: the key marital residence, holiday properties, loved ones 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): huge tax liabilities may well be made by way of liquidation of unique holdings in investment portfolios if expected in the division of assets tax therapy for factors like the “carried interest” connected with hedge funds is complex and demands professional guidance.

— Parenting abilities and mental overall health, especially as it may well effect physical custody and, visitation: A mental overall health experienced could 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 youngster. Also, a parent diagnosed with issues such as bipolar, considerable anxiousness or substance abuse may well be expected to undergo a mental overall health evaluation, rehabilitation, or monitoring as ordered by the court.

— Earning capacity: An earning capacity may well be assigned to spouse who is not earning revenue to his or her complete possible. A compensation experienced may well 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 essential to the determination of alimony and youngster assistance, and is typically in dispute.

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

Reality patterns in Connecticut divorce are typically complicated, especially in the wealthier towns and communities in reduce 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 support the loved ones judge to see your vision of essential concerns in your divorce dispute is an essential part of the divorce lawyer and a important to fantastic final results.

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