How do high net worth or high income domestic dissolutions differ from everyday divorces? The easiest answer is . . . in every way imaginable.
Many marital partners, men and women alike, may be unaware of the intricacies of their spouse‘s business and financial dealings. Many do not know the true value of their family‘s assets, especially those that are unusual and exceptional. Under Connecticut law, assets that might be valued to determine the distribution and allocation of assets and income after a long and complex marriage could include hedge funds, private equity funds, retirement benefits, and sophisticated executive compensation plans such as stock options, deferred compensation, restricted stock units, defined benefit plans, “top hat” plans, and “golden handshakes.” In addition, many cases involve business valuations of closely held business interests, and/or trusts. Frequently, forensic financial experts on both sides of the litigation – tax specialists, forensic accountants, and business evaluators for example – must be employed in order to set forth information as accurately as reasonably possible in order to negotiate a settlement or present to the court. Experienced counsel must be available to lead your team, whether in settlement or at trial.
When custody and parenting issues are involved, we try to resolve such issues by negotiation. In most cases, parties are able to resolve a reasonable parenting plan. However, sometimes that is not possible. In that event, psychiatrists and psychologists may be appointed by the court to do in-depth investigations into the personal lives of the family, and ultimately render opinions to the court as to the best interests of the children. The “best interests of the children” is the Connecticut legal standard. Unfortunately, questions of parental competence – sometimes justified, and sometimes fabricated – can arise. Issues of alleged substance abuse or emotional or physical abuse have become more common. You may sometimes find yourself, through no fault of your own, at the center of the storm: the confluence of personal, professional, financial and legal forces, which can disrupt every aspect of you and your children’s lives. You should have counsel who fully understand and appreciate all the conflicting emotions involved, as well as the law and the requirements of the case itself. While trials are sometimes necessary, our goal is to help our clients enter into appropriate parenting arrangements as early as possible and avoid litigation, if possible.
Rutkin & Oldham's goal for every client is a fully informed settlement through negotiation. And, in fact, most people are eventually able to come to a fair and reasonable resolution which then must be approved by one of Connecticut‘s experienced family judges before it is court-ordered. Sometimes, parties are not able to achieve a settlement for a variety of reasons and they will need to have a trial in court. Therefore, every case must be prepared with the necessary financial investigation and asset valuations as though the parties are going to trial. You will need an attorney who understands what is required by the family judges in order to properly prepare the case for trial. While Connecticut does not permit attorneys to designate themselves as experts or specialists in family law, you will find through investigation and inquiry that there are attorneys in Connecticut, such as Rutkin & Oldham, LLC, who focus on the practice of family law. Our belief is that there can be fair and reasonable resolution with the education, guidance, and expertise of highly experienced legal counsel and this is the principle that we have placed at the heart of our law practice for over 35 years.