Tag Archives: Regina Wexler

What is a Lis Pendens and Why Do I Need One?

03 Thursday Apr 2014

Posted by in Divorce, Regina M. Wexler

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What is a Lis Pendens and Why Do I Need One? By Regina WexlerClients often ask, “What the heck is a lis pendens and why do we have to do it?”

Lis pendens is a Latin term meaning “litigation pending.” It’s a notice filed on land records in a town where a party has an interest in real estate, after any type of lawsuit, including a divorce action, is served. The purpose of a lis pendens is to put the world on notice that an interest in a property may be subject to distribution by the court. It’s a form of attachment of real property.  Continue reading →

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Divorce in Connecticut: Initiating the Dissolution Action

14 Friday Feb 2014

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Regina Wexler - Divorce in Connecticut: Initiating the Dissolution Action When divorcing in Connecticut, the ‘how’ and ‘when’ of filing a divorce complaint are dependent upon the method for obtaining the divorce. Whether through mediation, collaborative divorce or litigation, each process requires that a divorce complaint be filed with the court.

The type of divorce process and desired filing date which best suit a client’s situation is determined in the initial meeting. In mediation, the process may be delayed until the client’s spouse can join and contribute to the conversation. Some clients choose to start negotiations first and decide at a subsequent meeting when to file the complaint. Some wish to begin the process immediately.

In Connecticut, all divorce filings experience a “statutory stay” – a 90-day waiting period until a divorce can become finalized. The statutory stay begins not from the date the complaint is signed, but from the “return date.” Continue reading →

Preparing for Your Initial Divorce Consultation

16 Thursday Jan 2014

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Regina Wexler - Preparing for Your Initial Divorce ConsultationWhen preparing for divorce – whether you’re thinking of mediation, a collaborative process, or you feel that litigation is your only option – the first step is the same. Get ready and take the first step by consulting with an attorney- but come to your meeting prepared.

Check the Mediation Checklist.

Regardless of the type of divorce process you eventually choose, the Checklist will spur ideas about issues that will need to be resolved, and what kind of information you will need to provide to me as your attorney in order to get the best advice and outcome.

Presenting these documents at your initial consultation (or sending them to me in advance) will help us get started and assess your situation: Continue reading →

Divorce in Connecticut: Everyone Loses the Blame Game

02 Thursday Jan 2014

Posted by in Divorce, Regina M. Wexler

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Regina Wexler - Divorce in Connecticut: Everyone loses the Blame GameIn Connecticut, fault matters, but not as much as clients think it should!  Connecticut is a no-fault divorce state. This means that a married person doesn’t have to prove fault in order to get a divorce. In Connecticut, a married person only has to allege that his or her marriage has irretrievably broken down with no hope of reconciliation and that person can get divorced. Sometimes a spouse doesn’t want to be divorced, for religious or other reasons. Divorce will still be granted as a matter of right, as the separation of church and state in Connecticut is very clear. Continue reading →

Spousal Support Reform in Connecticut

05 Thursday Dec 2013

Posted by in Divorce, Spousal Support

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Spousal Support Reform in Connecticut A lawsuit has recently been filed in federal court challenging Connecticut’s spousal support laws. Governor Malloy has been named as Defendant against a group of four anonymous plaintiffs – one each from Middlesex, Hartford, Fairfield and Middletown counties – who claim the state’s spousal support scheme is unconstitutional.

Representing the “John Doe” plaintiffs is Martin Karlinsky, a constitutional law expert, who argues that Connecticut’s spousal support awards – traditionally known as “alimony” – are arbitrary, varying wildly from county to county and judge to judge.

In Connecticut:

  • A judge can award anywhere from zero spousal support to spousal support for life.
  • A judge may award anywhere from 0 to 100% of the marital assets to either party. Continue reading →