A divorce, child custody case or other family law case does not always have to be a traumatic, combative experience. Even when the issues are complex, your future is at stake and emotions are running high, I will work hard to protect your legal rights while avoiding unnecessary conflict and stress.
As a skilled Hartford Family Lawyer, my goal is to resolve matters quickly and to save clients the trauma of litigation. But I will vigorously defend your rights in court when needed. I provide quality legal guidance to clients throughout the Hartford area and Connecticut, in the following family law practice areas:
My roots in the community are deep. I was born, raised and educated in the Hartford area. I am a graduate of the University of Wisconsin at Madison (1970) and University of Connecticut Law School (1973). I am also a Special Master in the Hartford and New Britain Courts, assisting the Courts in mediating settlement agreements in dissolution of marriage actions.
My colleagues and I believe that all legal matters have implications beyond the specific problem we are asked to address. We are experienced in a wide variety of legal matters that impact individuals, families, and small businesses. We believe any solution must consider not only the specific legal ramifications, but also how it will affect the other aspects of our client’s life. The law office believes that a problem not only must be solved in a manner consistent with our client’s reasonable hopes and expectations, but must also avoid the unintended consequences of a decision not carefully considered.
Our goal is to provide the highest quality legal services in a supportive environment. Vigorous representation, effective and efficient service and attorney accessibility are the first priorities of the Law Offices of Henry B. Hurvitz.
A court of law is the only way one can obtain a decree of dissolution of marriage (divorce), legal separation, annulment 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.
Marital property attained during marriage, regardless of whose name it is under, can be divided. Marital property can include real estate, pension plans, vehicles, bank accounts, income tax refunds and/or household furnishings. 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 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.
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 can be joint or sole 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. The parties must create a parenting plan for the raising of their children.
Child support is a periodic payment made to a custodial parent from a non-custodial parent to share a child’s living expenses, i.e. food, clothes, etc., and any other related debts. It is based on both parent’s income.
When faced with a relocating 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. In Connecticut, the burden of proving the need to relocate is on the person who wants to move.
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. The factors 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.
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 lawyers to work on a settlement, the use of a single mediator or a Collaborative Divorce process.
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. The signing of the Birth Certificate is usually strong evidence of paternity.
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.
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 party will in no way be responsible for child support.
If you or someone you know in Connecticut needs the assistance of an experienced Hartford Family Lawyer, please contact the Law Office of Henry B. Hurvitz today to schedule a free initial consultation.
Henry B. Hurvitz
Attorney At Law
924 Farmington Avenue
West Hartford Center
West Hartford, CT 06107
Telephone: (860) 232-8300