My Blog

New Alimony Statute Being Considered

12/16/2011 15:15:00

A new statute is being considered in the New Jersey Senate, sponsored by Republican Senator Sean Kean. Kean is proposing a statute that would automatically allow modifications of alimony when a payor loses his job or retires. This would be a plus to those who pay alimony, who may lose their job or retire, but may not be helpful to the recipient of alimony who depends on the monthly payments to pay his/her bills each month. In Massachusetts, a similar statute was recently enacted. It will be interesting to watch what happens with this proposed statute. I will keep you posted.

Divorce Mediation - Success Stories

11/09/2011 15:20:00

Divorce mediation and be an economical and satisfying way to resolve your issues with your spouse. Both parties meet with the mediator and the mediator assists the parties in reaching an agreement that the parties can live with. In cases where the finances are not complicated and the parties hope to maintain an amicable relationship post-divorce, mediation can be a good choice.

There are many divorce mediators out there. Many are not divorce lawyers. Some mediators are former social workers, real estate agents and therapists. It is best to have a divorce mediator who is familiar with divorce law and your rights at the end of your marriage. Laura D'Orsi, is a divorce attorney who also works as a divorce mediator and can assist you and your spouse in reaching a resolution.

Baby Boomer Women Are Unprepared for Retirement

06/23/2011 19:30:00

The Sunday Star Ledger on June 18, 2011 ran an article that indicates that baby boomer women are unprepared for old age. The group who shattered glass ceilings, enrolled in colleges for the first time, and others who stayed home to tend to families are ill prepared for retirement.

Many women face obstacles such as the death of a spouse, divorce or disability and have to reenter the work force in their later years. They are shocked to learn that they can only make $10.00 an hour. When women are out of the work force for many years and reenter at a later date, they will never have the earning capacity that they once had. Additionally, they will not have earned their own 401K plans or pensions. Their expected social security earnings are not what they would have been if they did not spend time raising their families.

In pursuing a divorce (or facing widowhood or a spouse's disability) it is important that all women and men who have been out of the workforce realize that they must become self sufficient. Even if they are to receive alimony, after the divorce, they will be responsible for expenses that they may never have thought about. They will be responsible for their own health insurance, which can cost more than $500.00 per month. They will have to pay their own car insurance and buy or lease their next new vehicle. They are losing their "safety net". They will only receive one-half of the assets, 401K plans or pensions acquired during their marriage. In addition, they must become serious about saving for their own future and whatever obstacles life may bring.

Facebook Investigating May Not be Permitted By Legal Ethics

06/23/2011 18:09:00

An Ethics Opinion from California, indicates that if an enterprising lawyer uses Facebook as an investigative tool, they may get into trouble. A San Diego County Bar Association ethics committee concludes that sending a Facebook "friend request" to a represented party violates California Rule of Professional Conduct 2-100 and could be cause for discipline. The opinion's author says its the first to confront exparte communication through social media. Bottom line is that a divorce lawyer can't "friend" the other party in a case.

Using Facebook During a Divorce

05/26/2011 20:48:00

Technology has changed the way we live our lives. With the introduction of Facebook and other social network sites, we become reaquainted with our pasts, including our first loves, the boy or girl who lived next door growing up and past boyfriends and girlfriends. When life in your own marriage becomes routine, it is easy to escape to the past and the familiarity of these old relationships. Many clients seeking divorce today are doing so after reuniting an old flame from their past. I advise all of my clients to use discretion during their divorce. It is not healthy to introduce children to people you are dating until you are serious. Also, it is not a good idea to post your latest romantic ventures on Facebook or announce that you are going on a $10,000.00 vacation on Facebook. There are Facebook spies all around you. You never know what "friend" will report your "updates' to your spouse. Use discretion. Its the best advice I can give.

The Royal Wedding - A Fairytale

05/01/2011 19:02:00

Many of us watched as Prince William and Kate Middleton were married this past week. It truly was a fairytale, with horse drawn carriages, a tiara of diamonds, and a happy couple smiling brightly at each other. The wedding gives us hope that we can find true happiness and joy in this world. The innocence of William and Kate was apparent on their special day. When we are going through a miserable time in our lives it is difficult to have hope that we one day will be happy again. The Royal Wedding was watched by at least 2 billion people. In this time of economic recession, war and turmoil in the world, it was a glimpse of the happiness that we can all hope to find. To my clients and prospective clients who are going through a divorce or contemplating divorce, maintain that hope that you can find happiness in your life. It may not be right around the corner, but it may be someday in your future.

Mediation for Divorcing Couples

02/09/2011 23:28:00

Many people are choosing mediation as a way to resolve their differences in divorce. The public should be concerned about selecting mediators. Many mediators are not attorneys and have no expertise in the field of matrimonial law. The mediation courses that are offered are open to the public, and after attending a 42 hour course an individual can hold themselves out as a divorce mediator. Be careful to choose someone who is an attorney and who has experience in the field of matrimonial law. This is your life, your children and your future. You need to be protected. Additionally, if you are choosing to pursue an agreement through mediation, the mediator should strongly recommend that you also consult with an attorney to review your mediated agreement.

Impact of the Economy on Divorces

01/17/2011 14:29:00

The current economic climate is having a huge impact on pending divorces. Couples are being forced to live together even though they no longer want to remain married. Houses are difficult to sell and divorced couples must sometimes continue to live together even after the divorce is over. Many families have a home that is "under water" and are choosing to live in the house without paying the mortgage. In many cases there are little or no assets to divide, only debts. Many spouses who were once the primary wage earner are unemployed and only receiving unemployment, which is $100,000.00 less than what they earned when they were working. The fortunate case today is one in which both people are employed, the house is not worth less than the mortgage and there are substantial assets to divide between the parties. Timing is everything. It is much easier to get divorced in an economic climate where there are assets to divide and income to distribute, than one in which there is nothing to divide or distribute. If you are thinking of pursuing a divorce, it is better to take the leap when your spouse is employed and there is still equity in your home.