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June 2020 Archives

5 Considerations If Your Marriage Is Over

As the economy slowly begins to reopen and the quarantine eases, many couples counselors and family attorneys are anticipating a rise in the number of divorces. The outbreak of COVID-19 has forced families to shelter at home, causing many couples to realize that they cannot continue in their present relationship. People are reflecting on their lives and relationships and making changes. (For options on separating see Attorney Ron Scott's blog regarding divorce processes.) Even though Connecticut courts are operating only on a limited basis, here are five considerations for those contemplating divorce now or in the future: 

Chapter 7 Bankruptcy Basics

There are multiple Chapters of the U.S Bankruptcy Code under which a debtor may file. The most advantageous of those is Chapter 7, which provides for a "fresh start" and can potentially wipe out all the debtor's unsecured debt without the debtor having to pay any additional money to his or her creditors.

Are Non-Disparagement Orders Constitutional?

The Massachusetts Supreme Court recently ruled that non-disparagement orders in family court cases are a violation of a parent's free speech rights guaranteed under the First Amendment. A non-disparagement clause in divorce and custody orders prohibits one parent from speaking negatively about the other parent in the presence of children or on social media. Although the Massachusetts Court noted the importance of protecting a child from the emotional and psychological harm that could result from one parent's use of vulgar or disparaging words about the other, it held that merely reciting that interest is not enough to satisfy the heavy burden of justifying a prior restraint on speech. In addition, concern about potential harm that could occur if the child were to discover the speech in the future was speculative.

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Glastonbury Office
Brown Paindiris & Scott, LLP
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Brown Paindiris & Scott, LLP
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Brown Paindiris & Scott, LLP
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Brown Paindiris & Scott, LLP
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Brown Paindiris & Scott, LLP
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Brown Paindiris & Scott, LLP
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