A divorce, child-custody case or other family law case does not have to be a combative experience. Even when the issues are complex and your future is at stake, I will work hard to protect your legal rights while avoiding unnecessary conflict, enabling you to move forward in a positive way.

As an experienced Family Attorney in the Hartford, CT region for over 30 years, I have a proven track record representing men and women in family law cases. I provide sound legal guidance in the following practice areas:

• Dissolution of Marriage/Divorce
• Child Custody
• Child Support
• Alimony/Property Division
• Modification of Court Orders
• Contempt Matters
• Separation Agreements
• Decree Enforcements
• Post-Divorce Modification
• Visitation
• Pre and Post Marital Agreements

There are no simple formulas to provide quick and easy answers to the inherently unique issues that the parties in a domestic relations matter face. A person should choose an experienced and compassionate domestic relations attorney who will be able to guide you along the myriad paths that you will face. I am that attorney. Let my experience work for your benefit.

Domestic relations matters can be the most costly, both economically and emotionally, of any kind of litigation. I recognize this and work to provide my clients with an outcome that addresses their concerns. I also realize that in representing clients, I am also advocating for the client’s relationship with his/her children and the protection of the children from the toxic effects that sometimes result from parents dissolving their relationship.

I make it a priority to work closely with my clients in crafting the best legal solutions to resolve the issues for them and their families and then to work together to achieve those solutions in a timely and cost effective manner.

I am a life-long resident of the Hartford area. I was educated in the Hartford public school system. I am a graduate of the University of Wisconsin (B.A. 1970) and the University of Connecticut School of Law (J.D. 1973). I have practiced law in Hartford and West Hartford since 1974. I have the knowledge to assist you in the many aspects of your family relations case, including family support, division of real and personal property, retirement assets and estate planning for your future. I serve as a Special Master in the family courts in Hartford and New Britain assisting parties to reach an agreement where they settle the outstanding differences in their dissolution of marriage action.

My staff and I work with clients to address their legal problems, attend to their concerns as they go through a process that they never believed that they would be facing and provide personalized attention to their case.

If you or someone you know needs the assistance of an experienced Family Attorney in the Hartford, CT region, call Henry B. Hurvitz today at 866-741-4279 or complete the contact form provided on this site to schedule your free consultation.

Practice Areas and Legal Definitions

Divorce:
A court of law is the only way one can obtain a divorce decree, dissolution, legal separation, nullity or other form of terminating a marriage.  Other than the termination of the marital estate, the court also has jurisdiction to resolve other issues that are intertwined in the existing marriage which include, but are not limited to: custody and visitation rights, division of property of the marital estate, spousal support, child support, restraining orders, etc.

Property and Debt Division:
Marital property attained during marriage, regardless of whose name it is under, can be divided.  Marital property can include real estate (including a home bought in contemplation of marriage), pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings.  However, property that is inherited by one spouse is not considered marital property, i.e. a family business or estate.  If you are contractually bound with your ex-spouse on a debt, the creditor can require the entire payment of that debt from your share of the community property even though the divorce decree assigns the debt to your ex-spouse.  Depending on the terms of your divorce decree, you may be able to have certain support obligations under the divorce decree determined to be non-dischargeable by the bankruptcy court or in state court.

Prenuptial Agreements:
A prenuptial, or premarital agreement (often referred to as a "pre-nup") is a written contract created by two individuals who plan to be married.  This agreement lists all individually owned property, such as homes and businesses, family assets, stocks and bonds, savings accounts as well as debts, and specifies what will and will not remain individually owned property after the legalization of marriage.  Prenuptial agreements also specify whether spousal support will be paid in the event of a divorce, and the intentions regarding distribution of individually owned property upon death.

A factor that cannot be stipulated in a prenuptial agreement is child support.  A couple cannot lawfully agree in a prenuptial agreement that either part will in no way be responsible for child support.  Also, a few states do not allow prenuptial agreements to modify or eliminate the right of a spouse to receive court-ordered alimony at divorce, although a prenuptial agreement can facilitate in the degree of compensation.

Child Custody:
Custody is the charge and control of a child, including the right to make all major decisions such as education, religious upbringing, training, health and welfare.  Custody usually refers to a combination of physical custody and legal custody.  Many factors influence an award of custody and the way a case is presented in court can have a large impact on the result for you and your children.  If you are awarded the children as a primary custodial parent, it has far reaching consequences both to you and to their well-being and development.

Child Support:
Child support is a periodic payment made to a custodial parent from a non-custodial parent to help compensate a child's living expenses, i.e. food, clothes, etc., and any other related debts.  When one parent is awarded sole custody, as in the event of a divorce, the non-custodial parent is required to fulfill his or her child support obligation by making set payments, whereas the custodial parent meets his or her support obligation through the custody itself.  When parents are awarded joint custody in a divorce, however, the support obligation is shared and is based on a ratio of each parent's income and the amount of time the child spends with each parent.

The obligation to support minor children cannot be waived by either parent and is a right enjoyed by the child, not the parent.  Each state has guidelines that factor the amount of child support, such as the amount of time spent with the child, the income of both parents and the standard of living the child is accustomed to.  The court may allow deductions for items such as catastrophic medical expenses and travel expenses for visitation.

Jurisdictional Issues:
When faced with a relocating custodial parent, the court will general require that parent to give the other parent a minimum amount of notice prior to the anticipated move.  This notice gives the non-custodial parent an opportunity to go to court and seek orders restraining the relocation of the child. 

These so-called move away cases have gone back and forth on allowing and disallowing a move by the custodial parent with the minor children for over 20 years.  While the best interests of the child have always been central to the decision, the uncertainty has made this area murky.  Prior to the Uniform Child Custody Jurisdiction and Enforcement Act, when parents sought an advantage in a custody tug-of-war, they would move to a "friendly" jurisdiction (that is, a region with a history of rulings favorable to their position). However, after the UCCJA was adopted by all 50 states, family law courts were forced to defer jurisdiction to the home state, and this custody battle tactic lost favor.

Spousal Support (Alimony):
Alimony is temporary or permanent financial support paid from one separated spouse to the other, either in one lump sum or in installments.  Alimony is designed to provide the lower-income spouse with money for living expenses over and above the money provided by child support.  Alimony differs from child support because it is at the discretion of the judge.  Child support is usually determined by state-sanctioned guidelines.

There are several factors a judge considers when deciding whether to grant alimony. These differ from state to state, of course, but they usually involve things like the parties' relative ability to earn money, both now and in the future; their respective age and health; the length of the marriage; the kind of property involved, and the conduct of the parties. In general, about the only time a judge will award alimony in most states is where one spouse has been economically dependent on the other spouse for most of a lengthy marriage.

Divorce Mediation:
The basic attitude marking divorce mediation is a focus on solving problems, not fighting the fight. Family mediation is a voluntary process which gives a divorcing or separating couple the opportunity to make their own arrangements for their financial and personal future, while protecting themselves and their children from distress and the needless expense of litigation.  The strength of a mediated agreement is that it is built by both parties together in an open process that requires all participants to recognize and make accommodation for the needs of the other participants, often without having to compromise one’s own.

While no two situations are alike, the emphasis in a mediated approach is to achieve a satisfactory settlement in an efficient, cooperative manner.  This might include "four-way" settlement conferences where the parties meet along with their divorce mediation lawyers to work on a settlement.  The philosophy of Divorce Mediation is that as much effort should be exerted toward settlement as is traditionally spent in preparation for and conducting a trial.

Paternity:
Paternity covers all the matters related to proving the parentage of a child or children. For married couples, paternity of a child is assumed to be the spouse, unless there is a court order or judgment stating otherwise. For unwed parents, paternity can be established by signing an Affidavit of Parentage or by filing a paternity action with the court.

Legally establishing paternity or determining that someone is not the parent of child can have a significant impact on divorce settlements, property division, child custody, child support and the ability to move out of state.  Determinations of paternity can also have a significant impact on interstate conflict between unwed parents.

If you or someone you know needs the assistance of an experienced Family Attorney in the Hartford, CT region, call Henry B. Hurvitz today at 866-741-4279 or complete the contact form provided on this site to schedule your free consultation.

Family Law FAQ's

A dissolution of marriage is almost always upsetting and delicate in nature. Every case is different and will require individual attention. However, we believe the general information in this series of questions and answers will help you understand the court process and answer some questions you may have.

IS THERE A DIFFERENCE BETWEEN "DIVORCE" AND "DISSOLUTION OF MARRIAGE"?

Connecticut statutes employ the legal term "dissolution of marriage" to mean divorce. While the two terms may be used interchangeably in informal discussions, legal documents will use "dissolution of marriage.”

WHAT IS A "NO-FAULT" DISSOLUTION OF MARRIAGE?

The only practical effect of Connecticut's "no-fault" dissolution of marriage law is that it is now only necessary to prove that a marriage has broken down irretrievably to obtain a divorce. However, other causes for the breakdown of the marriage, such as intolerable cruelty, habitual intemperance, or adultery, may be brought to the court's attention and may be considered by the court in determining the award of property and alimony, if any.

HOW IS A DISSOLUTION OF MARRIAGE CASE STARTED?

A dissolution of marriage action is started by one party filing with the court legal papers called a "summons" and a "complaint". The party filing is called the "plaintiff" and the other party the "defendant." Before filing the summons and complaint with the court, the plaintiff has these papers served on the defendant by the sheriff.

The summons tells the defendant that he or she is being sued for dissolution of marriage. The summons also states a "return date" by which the defendant must file with the court an "appearance" which is a legal paper stating the name of the defendant's attorney or whether the defendant will act as his or her own attorney. It is not necessary for anyone to appear in court on the return date.

The complaint states the date and place of the marriage, the number of minor children that the parties have, the reason for the dissolution, and whether either of the parties have received state support. The complaint also states the relief sought by the plaintiff, such as alimony, child support, custody and counsel fees.

HOW LONG DOES A DISSOLUTION OF MARRIAGE CASE TAKE TO FINALIZE?

Connecticut law provides that ninety days must pass after the return date before a dissolution action can proceed to a final hearing. Because the courts must process a great number of dissolution cases, about the earliest a case can be heard is four months from the date of the sheriff's service.

There are many other factors that may delay a case, especially when the parties cannot reach a settlement and it is necessary to have the court decide the custody of minor children, the division of property, the amount of support or alimony, and other matters. Disputed cases can take a year or longer to finalize.

WHAT IS A FINANCIAL AFFIDAVIT?

At the time of the final hearing, and at any other time in which there is a court hearing regarding financial orders, the parties must submit to the court financial statements sworn to and signed under oath. At the beginning of a case, your attorney will give you a financial affidavit form and ask you to complete it. You will also be asked to supply your attorney with pay stubs, copies of income tax returns, and any other financial documentation you may have. Your attorney will then go over your figures with you in order to have an accurate financial affidavit in your file and to submit to the Court. Your spouse's attorney will have the opportunity to cross-examine you about your financial affidavit. He/she may subpoena your employment, banking and other financial records and compare this information with what you have stated on the affidavit.

You will be required to sign your financial affidavit under oath and swear as follows: "I hereby certify that the foregoing statement is accurate to the best of my knowledge and that I can, if requested, submit documentation for all assets, liabilities, and expenses listed above."

WHAT ARE AUTOMATIC ORDERS?

When a lawsuit for dissolution of marriage is filed, certain automatic orders go into effect. Neither party can sell, mortgage or give away property. Neither party can go into unreasonable debt. If there are children, each party must have access to the children, unless the Court orders otherwise. Beneficiaries and named insured cannot be removed from insurance policies (health, car, life, etc) and policies can’t be terminated. These orders are effective for the Plaintiff upon the attorney signing the Complaint and for the Defendant when he/she is served. Failure to abide by these orders can lead to a finding of contempt of Court.

WHAT ARE TEMPORARY ORDERS?

After the lawsuit is started, either party may ask the court for orders which, if entered, will be in effect until the final hearing. These temporary orders are often called by their Latin name, "pendente lite," which means "during the litigation."

A party must file a motion with the court stating what pendente lite orders are sought. A hearing will then be scheduled at which the parties must appear. The court will rule on the motion after hearing argument and perhaps testimony. However, the Court will require all parties to meet with a Family Services officer prior to a hearing. Family Service officers will be present in the Courthouse on the day of your Court appearance.

The most common pendente lite orders are for custody of the children, alimony and/or support, and exclusive possession of the home. These orders may be modified before the final hearing. Failure to follow these orders will make a party liable to be charged with contempt of court.

HOW DOES A DISSOLUTION OF MARRIAGE CASE GET TO A FINAL HEARING?

Dissolution of marriage cases can be set down for a final hearing on any one of three lists. Cases where the parties have reached a settlement go on the uncontested list and the hearing of reporting the agreement to the court for approval.

Cases where the parties dispute custody of the children are set down on the contested list.

If custody is not an issue but the parties dispute the division of their assets or the amount of alimony or support, cases are heard on the limited contested list. However, in order for a case to be scheduled for trial, the Court requires that parties meet with Special Masters (see below) to attempt to resolve their dispute. If the parties settle, their agreement will be submitted to the court for approval. If the parties cannot settle, the court will set a trial date, which may be several weeks or months later, depending on the estimated length of the trial and the availability of court time. Prior to trial, the case will be referred to a Judge or State Trial Referee who also will attempt to assist the parties in resolving their differences before the case is tried.

WHAT ARE “SPECIAL MASTERS”?

Special Masters are attorneys appointed by the Court to assist parties in resolving their monetary and property disputes. Special Masters have experience in family law and practice in the Courthouse where the matter is to be tried. Special Masters donate their time to the Court in order to alleviate the backlog of cases. More than 80% of cases settle after the parties have had a hearing before Special Masters.

WHAT IS A “SPECIAL MASTERS” HEARING?

A Special Masters hearing take place at the Courthouse before two attorneys (a male and a female) who are designated as Special Masters. The parties lawyers prepare Financial Affidavits, Proposed Orders and other documentation for the hearing. Each party’s attorney makes a presentation of approximately 10 minutes. The Special Masters may then ask the attorneys questions about the case. They may also ask the Plaintiff and the Defendant if they wish to comment. The Special Masters will then ask the parties and their attorneys to leave while they discuss the case and determine their recommendation for settlement. Everybody will then come back into the hearing room and the Special Masters will make their recommendation. The Specials Masters recommendation will be based upon what they believe a judge would decide after hearing all the information presented at the Special Masters hearing.

HOW IS THE DIVISION OF THE PARTIES ASSETS DETERMINED?

The court considers the following in determining the division of the parties' assets: the length of the marriage, the causes for the annulment, dissolution of the marriage or legal separation, the age, health, station, occupation, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties, the opportunity of each for future acquisition of capital assets and income, the contribution of each of the parties in the acquisition, preservation or appreciation in value of their respective estates.

HOW IS THE CUSTODY OF MINOR CHILDREN DETERMINED?

If the parties are unable to decide among themselves the custody and visitation plans for their minor children, the Court will make the decision for them after a trial. Cases that involve disputes over custody of children are the most difficult for the client to live through and for the attorney to try. The court usually will assign a family relations officer and sometimes an attorney for the minor child to investigate the case and to offer recommendations. There may also be reports submitted by psychiatrists, psychologists or social workers, either ordered by the court or hired by the parties.

The court, based on what is believes to be the best interest of the child, will usually enter orders of sole custody or joint custody with the children's principal residence with one of the parties. The non-custodial parent is usually granted rights of visitation, that depending on the circumstances, may be either specific or general.

Aside from the emotional and financial costs of a custody trial, no one knows the particular dynamics of children and the family better than the parties. It is therefore so much better for the parties to reach an agreement about their children than to have a person who has never lived with the children or the parties make their decision for them.

WHAT IS ALIMONY, CHILD SUPPORT AND UNALLOCATED FAMILY SUPPORT?

The court has the power to order one spouse to make payments to the other. Alimony is paid to maintain the other spouse and can be paid in one lump sum or periodically.

Child support is paid periodically to the spouse who has custody of the children to maintain the children. The amount of Child support is determined by the use of the Child Support and Arrearage Guidelines set by the Commission for Child support Guidelines of the State of Connecticut. Unallocated family support is paid periodically to the spouse who has custody to maintain the spouse and the children.

There are important federal income tax considerations involved in regard to these payments. The spouse making alimony or unallocated family support payments may deduct these from taxable income, while the recipient of alimony or unallocated family support must declare these payments as income. Child support is not deductible by the payor nor taxable to the recipient.

WHAT IS “PARENTING EDUCATION”?

The Connecticut Legislature has mandated that parents of children going through the dissolution of marriage process take part in a “Parenting Education Program”. The purpose of this program is not to teach you how to parent, but to teach you how to be a “divorced parent”. In other words, the program will teach you the ramifications to your children of your divorce, especially if you decide to disparage and castigate the other parent for real or imagined wrongs in front of your children. The program will also teach you how your children may react to your decision to divorce, including how they may attempt to pit you against your spouse not only to obtain a goal but also to attempt to punish you for your action.

This program has been in existence for over five (5) years and participants have over-whelmingly reacted positively to the program. I will be forwarding you information about the program shortly. It is suggested that the parties attend the same program in order that the most benefits are attained.

WHAT ABOUT WILLS AND LIFE INSURANCE?

Under Connecticut law, a dissolution of marriage invalidates any will you may have. To protect yourself and the interests of your loved ones, it is important that you have a new will drawn up after the divorce.

The dissolution of your marriage, however, will not affect the beneficiary of any life insurance policies you may have. If you wish to make any changes on your life insurance policies, you contact your agent.

HOW ARE COURT ORDERS ENFORCED?

When a spouse fails to follow a court order whether it relates to alimony, support or visitation, there is a mechanism called "contempt" to which your attorney may turn. By this process the court is directed to the need for enforcement and may enter such compelling orders as are needed, including monetary fines and, in some instances, incarceration. Should your spouse not follow a Court order, please bring that to your attorney’s attention immediately.

MAY FINAL ORDERS BE MODIFIED?

Either party may come back to court after the final judgment has been entered and request an increase or decrease in alimony or support, except the parties may stipulate in an agreement at the time of the final hearing that alimony cannot be modified. The party seeking the change must prove that there has been a substantial change in circumstances since the time of the dissolution.

Custody of the children may be modified at any time after the judgment if there is a substantial change of circumstances affecting the best interests of the children.

Awards distributing property, or other awards that are not made on a periodic basis, can not be modified, except when fraud has been proven.

If you or someone you know needs the assistance of an experienced West Hartford Connecticut Family Attorney, call Henry B. Hurvitz today at 866-741-4279, or complete the contact form provided on this site to schedule your free consultation.

If you or someone you know needs the assistance of an experienced West Hartford Connecticut Family Attorney, call Henry B. Hurvitz today at 866-741-4279, or complete the contact form provided on this site to schedule your free consultation.

ADDRESS OF THE FIRM:
Law Offices of Henry B. Hurvitz
924 Farmington Ave
West Hartford, CT 06107
Telephone: 866-741-4279
Fax: 860-232-2672

MEMBERS OF THE FIRM:

Henry B. Hurvitz

EDUCATION:

• University of Wisconsin, Madison, 1970, Bachelors of Arts
• University of Connecticut, School of Law, 1973, Juris Doctor

JURISDICTIONS:

• State of Connecticut
• U.S. District Court, District of Connecticut
• U.S. Court of Appeals, 2nd Circuit
• U.S. Supreme Court