Disability discrimination is when your employer treats you differently or poorly because of your having a disability. It also could be that the employer treats you differently because he perceives you as having a disability, even when you don’t. I’ve handled cases where people were not disabled but they returned from a leave of employment [...]
Age discrimination is when your employer treats you differently or unfairly because of your age. Typically this happens to older workers. If you’re over the age of 40, you are at the beginning of the protected age category. If your employer terminates you because of your age, hired, retained, or promoted someone younger while they [...]
A motion is an application to the court for some form of relief. Motions are occasionally required during times of divorce. There are prejudgment motions and post-judgment motions. A prejudgment motion is made while a divorce is pending when the parties have come to an impasse and cannot work out some type of an issue that [...]
When a couple is considering divorce, there are many avenues they can take. Whether they choose arbitration, mediation or collaborative divorce, they will have to sit with an attorney to discuss which option is best for them, because every case is different. Collaborative divorce is an alternative to divorce litigation. It is a process where the [...]
Unfortunately, when people agree to decide their divorce collaboratively, they enter into a participation agreement where they agree not to go to court. If the process breaks down and it becomes apparent that there is no chance that a resolution can be obtained through this process, the parties are then free to file for a [...]
There are two types of custody. Legal custody speaks of who makes the major decisions regarding the health and welfare of the child. In some circumstances, you will have shared legal custody where both parents participate in the decision making. In some circumstances, one parent will have sole custody in making these decisions that depend [...]
Historically, in order to get divorced in New Jersey you would have to prove some type of fault grounds such as extreme cruelty or adultery. Since the enactment of the no-fault statute in New Jersey, a spouse has to simply cite irreconcilable differences as ground for divorce. You no longer get along, there’s no chance [...]
The main benefit of a collaborative divorce is that it reduces the conflict and opens the door for the parties to enter a friendly arena. The parties work with a team to resolve their issues on their own with the help of professionals rather than having the outcome dictated by the court or judge. In [...]
Many people ask me, “Should I move out of the marital home while our divorce is pending?” Generally, I suggest that you remain in the home with your spouse during this time. First of all, once you leave the marital home, you lose the right of occupancy. Your spouse can change the locks to the [...]
Now that gay marriage is legal, many people want to know, “Do the same divorce laws apply?” Yes, all divorce laws apply to same-sex couples that want a divorce. They will have to satisfy the same requirements to establish jurisdiction, cite applicable grounds for divorce, resolve the same issues, and end their marriage with a [...]
