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Divorce, Mediation and Family Law NJ | Blog

New Jersey Divorce Lawyers | Family Law Attorneys > Divorce, Mediation and Family Law NJ | Blog (Page 2)
03 March
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When Science and Law Clash: Gestational Carriers, Assisted Reproduction, and Adoption in NJ

Posted by wpadmin
in Blog

A recent story in The New York Times reported that in Michigan a couple who had a surrogate carry their biological twins are being forced to adopt their own children following their births. The twins are their full, genetic children, meaning the husband’s sperm and the wife’s egg were used to conceive. They have no genetic relationship to the gestational carrier, but, under Michigan law, she is nevertheless considered their legal parent. Michigan law does not recognize the genetic parents as the legal parents of these children at birth. As a result, this couple must now go through the entire,...

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19 May
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Divorce in New Jersey During The Coronavirus Pandemic

Posted by wpadmin
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For the people of New Jersey and around the world, the COVID-19 coronavirus outbreak has turned the world upside down. We’ve never seen anything like this in our lives. The uncertainty created by global shutdowns, unemployment, and even having to stand in line for toilet paper would be a heavyweight to bear for anyone. For those living in a struggling marriage, the stress exacerbated by “shelter-in-place” orders can be the tipping point. If you are considering divorce or facing family law matters including alimony, child support, custody, or grandparent’s rights, you may have questions. You might be wondering what you should do now? Are the...

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20 March
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How to Divorce Without it Becoming a Financial and Emotional Nightmare

Posted by wpadmin
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Does divorce have to be a financial and emotional nightmare? Do parents have to “go at” one another, destroying any chance at having a workable co-parenting relationship in the years following the divorce? There are options. Divorce, from a legal perspective, involves only children and finances (support and division of property and debt). From a human perspective, divorce involves a massive upheaval of one’s life. While the legal system must ignore the emotions of divorce, they are often the driving factors that keep parents getting divorced from settling. Once a case is settled and an agreement is signed, all a judge...

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17 January
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“A Marriage Story” – An ugly and accurate depiction of divorce litigation

Posted by wpadmin
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I wrote the following article several years ago and was reminded of it again while watching the moving “A Marriage Story.” Watching Laura Dern’s character (Nora) manipulate Scarlett Johansson’s character (Nicole) was extremely uncomfortable. She exhibited a trait that I have, unfortunately, witnessed of colleagues throughout my career, maternalism/paternalism. All too often, divorce lawyers take a paternalistic/maternalistic approach toward their clients and act as if they know what is best for their clients. Nora never really listened to Nicole, she heard bits and pieces of what she was saying and took control; she decided what she believed was best for...

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06 January
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“Rules Of Thumb” Have No Place In Divorce and Family Law Mediation

Posted by wpadmin
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New Jersey divorce settlement approaches

For many years, judges, lawyers and mediators have referred to a fictional “rule of thumb” for determining alimony. In mediations, many clients have told me that their lawyer said this is the way alimony is calculated. In recent years, there has been a great deal of discussion about a new “rule of thumb” for calculating alimony now that alimony is no longer taxable. CLE presenters generally begin presentations on this topic with a disclaimer that there is no case, statute, or rule which establishes a formula for calculating alimony. Yet, it seems that everyone in the family law community, including...

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21 August
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4 Ways to Control the Cost of Divorce

Posted by wpadmin
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The cost of divorce

An old and rather trite joke goes like this: “Why is divorce so expensive?” Answer: “Because it’s worth it.” While the punchline may not be appreciated or humorous to some, there is an ounce of honesty in any joke, even this one. Because the truth is, whether it was a mutual decision, or the decision was made for you, when divorce is the only option, divorce really is the only option....

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30 July
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Divorce Rates And Why Living Together Could Increase Chances Of Ending Up In Family Court

Posted by wpadmin
in Blog

According to the U.S. Centers for Disease Control and Prevention 1, divorce rates in New Jersey are among the lowest nationwide. With the exception of people over the age of 50, who are getting divorced more often than younger couples, divorce rates in New Jersey have continued to drop over the last five years. 2 Overall, statistics reveal that divorce rates have declined over the past 10 years or so, but still almost 40% of all marriages end in divorce....

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03 July
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5 Common Mistakes People Make When Divorcing

Posted by wpadmin
in Blog

Spouses who are considering divorce, are beginning the divorce process, or are in the process of divorcing, often begin to plan for the divorce and take actions that quickly derail settlement discussions, negotiations, mediation and the collaborative process. Sometimes they take such actions as a result of advice from counsel. The following are five common mistakes people make when divorcing which most often wreak havoc on the divorce process, cause unnecessary tension and mistrust, and make it very difficult to reach a resolution....

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29 November
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The Art of Forgiveness in Divorce

Posted by wpadmin
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By:  Bruce P. Matez, Esq., APM I spend most of my days with couples who are divorcing in mediation sessions, clients in the process of divorcing or who are divorced and continue to have ongoing disputes with their former spouses, and with couples who are seeking alternative ways to resolve disputes.  One of the major themes I have found in working with such people over the past almost 30 years has been the astonishing inability to forgive and let go. Sadly, that inability is one of the major reasons why I believe divorce is so expensive and why people spend so...

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