A court ruled recently that employers cannot investigate their employees' divorces to decide whether they are real or not. The ruling came from a federal appeals court in a lawsuit brought by Continental Airlines against nine pilots. Continental filed the lawsuit because they believed that their pilots had gotten fake divorces so the couple could tap into pension assets while the pilots continued working.
Married couples vow to be loyal to each other in "sickness and in health," but researchers have found that when one partner is diagnosed with a serious illness, it can lead to partner abandonment and divorce, especially if the woman is the one who falls ill.
The term "gray divorce" refers to the dissolution of a marriage where the couple is typically over the age of 50 and have been married for a couple of decades. It is becoming more common as the baby boomer generation ages. There are many factors that are potentially responsible for the increased number of 20-year marriages coming to an end.
Nearly 50 percent of marriages end in divorce, and an increasing proportion of those splits are "gray divorces." According to a recent piece in the Star Tribune, baby boomers, it turns out, are the most divorce-prone of all generations.
Should an alimony formula in be used in divorce proceedings? The conventional wisdom says "No!". I disagree. The statute providing for alimony lists some thirteen factors for an award of alimony, including (1) The actual need and ability of the parties to pay; (2) The duration of the marriage or civil union; (4) The standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living; (5) The earning capacities, educational levels, vocational skills, and employability of the parties; (7) The parental responsibilities for the children;
(8) The time and expense necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment, the availability of the training and employment, and the opportunity for future acquisitions of capital assets and income; (9) The history of the financial or non-financial contributions to the marriage or civil union by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities; and (13) Any other factors which the court may deem relevant. N.J.S.A. 2A:23-34(b).
Divorcing through private mediation provides you control over the results of your divorce. Working through a mediator, you and your spouse identify and resolve your concerns and interests arising from your divorce. If you are willing and able to work through the mediation process constructively, you are likely to avoid the animosity, headache and expense that all too often arise when you seek divorce through litigation.
Are you a grandparent seeking visitation with your grandchild or grandchildren? The New Jersey State Legislature enacted legislation in 1972 providing a grandparent may apply for such visitation. N.J.S.A. 9:2-7.1(c).
Divorce is not the sole basis for alimony. The Courts in New Jersey have long recognized the doctrine of palimony. Palimony is a claim typically based on long term relationships between unmarried couples in which one party has promised to or has provided long term support to the other party.
Child custody battles can cause strong and heated emotions between a child's parents in New Jersey or anywhere. A recent story by Christopher Goffard published by the Los Angeles Times, chronicled one father's experience whose child custody battle became a living nightmare when he was falsely accused of assaulting his ex-girlfriend and the mother of his five-year-old son.
Social and gender roles for men and women in Somerset County, New Jersey, and across the country have evolved rapidly in the last few decades. It used to be considered normal that husbands went to work and wives stayed at home to take care of the children.
When you are involved in a family law dispute, from divorce to domestic violence, an experienced lawyer can help make certain your legal rights are protected. Divorce and family law matters can lead to significant stress and anxiety, making it challenging to know what is in your best interests. An experienced New Jersey family law attorney can help you protect your future.