I’ve written extensively about how the law looks as pets — basically as property. The NJ Supreme Court had another opportunity to revisit this concept. The outcome: pets are still property. The case is Samolyk v. Berthe III. Defendant’s dog fell into...
It’s no secret that the COVID pandemic has delayed all kinds of trials in NJ state courts. The courts were generally closed for the last two years and several counties either remain closed or are still holding trials via Zoom. In addition to COVID, the courts...
You would like to think that the judge assigned to your divorce in NJ Family Part Court is an expert in divorce and family law. That is not always assured. The Advisory Committee on Judicial Conduct recently charged a judge temporarily assigned to the family part with...
2021 was a challenging year for most people, no doubt. Perhaps not surprisingly, 2021 was probably the busiest year for me in mediating divorces. Those folks found the articles I have on my blog helpful. The ten most-read articles on my divorce mediation blog are...
Over half the children subject to custody proceedings and rules are currently too young to be vaccinated for COVID. What if one parent is not vaccinated for COVID and the other objects to visitation time with the unvaccinated parent? A NY judge recently ruled that in...
Do divorce filings show an annual cycle with some months consistently higher than others? Anecdotally, I have noticed that in my NJ divorce mediation practice. A 2016 University of Washington study shows that there is a discernable divorce filings pattern. Which...
When couples ponder divorcing, it is not done lightly. Usually, they try marital counseling to save the marriage prior to seeking a divorce. A judge in Kentucky has completely turned this on its head and has misread the situation. The ABA Journal reports that Bullitt...
Olga Kazan recently wrote an article in The Atlantic entitled “The High Cost of Divorce”. She details some reasons why the divorce system is so expensive: Lawyers are expensive and unwilling to change a system that benefits themThere are few pro bono...
The court aspect of divorce can be a very daunting process. With COVID, one aspect of it has been made easier: filing. You can now do that online from the comfort of your home. Judiciary Electronic Document Submission (JEDS) allows non-attorneys to file documents with...
Under NJ law, prior to same sex marriage being legalized, the state decided on civil unions as the legal mechanism to allow for same sex couples to be legally “wed.” This law is still on the books and the state never created a process to convert civil...
A mediated divorce often costs less than 1/3rd of a litigated divorce
Mediation can finalize a divorce in much less time than litigation -- months versus years
You lose none of your rights by mediating
Mediation is confidential
Make decisions about your future for yourself
Parties are more satisfied with terms they agree to in mediation than terms imposed by a court
Agreements obtained through mediation are far less likely to end up back in court
Mediation is a forward-looking process (where do you go from here)
Mediation can be used to resolve many types of disputes, including the dissolutions of gay and lesbian (same-sex) relationships, civil unions, domestic partnerships and commercial and community disputes
Mediation allows you to get on with your life more quickly
