Gary W. Boguski – Selected to Speak at the Second Annual Workers’ Compensation Seminar

May 17, 2012 By

Gary W. Boguski – Selected to Speak at the Second Annual Workers’ Compensation Seminar

Gary W. Boguski was selected to serve as a speaker at the Second Annual Workers’ Compensation Seminar held in Mount Holly on May 1, 2012.

The Workers’ Compensation Seminar is held annually throughout the state of New Jersey. Each year a range of workers’ compensation topics are discussed. This year the seminar focused on discovery issues facing workers’ compensation attorneys, the going and coming rule, and how to properly handle the issue of when medical treatment is paid for by a client’s health insurance.

Mr. Boguski, with over thirty-four years of workers’ compensation experience, presented on the petitioner’s perspective on the issues.

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FELA vs. Workers’ Compensation

April 22, 2012 By

FELA vs. Workers’ Compensation

Workers in most industries are insured for work-related injuries under state workers’ compensation laws. Railroad workers, however, are covered by the Federal Employers’ Liability Act (FELA). Both systems were established as progressive measures to compensate workers for on-the-job injuries and work-related illnesses, and to promote safety measures on the part of employers. FELA was passed by Congress in 1907. In 1911, New Jersey was one of twelve states to pass workers’ compensation legislation (at that time referred to as workman’s compensation). Beyond the industries affected, distinctions between the programs include the bases for claims, the role of fault in determining an award, the court where the case is handled, types of damages, and the contemporary philosophy underlying the legislation.

The basis for a claim: FELA requires a railroad worker to prove an on-the-job injury was, at least in part, the result of negligence on the part of the railroad (or a railroad employee, agent, or contractor). In contrast, New Jersey Workers’ Compensation law, like that in other states, does not require proof of negligence, and requires an employer to compensate a worker for any work-related injury or occupational illness.

The role of negligence in a claim: Workers’ comp does not require any evidence of negligence on the part of the employer, and negligence on the part of the employee will not reduce the amount of the claim. FELA observes the doctrine of contributory negligence, a fault-sharing system where an employee partially responsible for his or her on-the-job injury will receive an award reduced in proportion to that responsibility. Determining the percentage of fault in a FELA case is highly subjective; as a result the decision of a court used to the traditional personal injury system may be hard to predict.

Where the claim is tried: An injured railway work may file a FELA claim in a New Jersey State or Federal court, and is entitled to a jury trial. A worker injured in another industry will file a claim with the employer’s workers’ compensation insurance company. In the event of a dispute, the worker may file a claim petition or application for an informal hearing with the New Jersey Division of Workers’ Compensation. The case will then be assigned to a state judge and district based on the county where the worker lives or is employed.

Types of damages available: Both FELA and workers’ comp claims provide damages for past and future wage loss and medical treatment. FELA provides damages for pain, suffering, and emotional distress; workers’ compensation does not. Each plan provides some compensation for permanent partial or total disability, and workers’ compensation has a payment schedule to compensate for the loss of use of a limb, hearing, vision, or other function. The way damages are calculated differs significantly between the plans.

Why two systems? The railroad industry has repeatedly lobbied Congress to repeal FELA or replace it with a system similar to workers’ compensation; Congress has resisted. Supporters of FELA cite it as more than a railroad workers’ compensation plan, providing critical encouragement to the railroads to curb unsafe practices and improve dangerous work environments.

In the event of a work-related accidents

The railroads and other employers will attempt to minimize costs resulting from an on-the-job accident or work-related illness. Supervisors are trained to immediately collect information and evidence to support the employer’s defense against any claim for damages. To preserve the right to FELA or workers’ compensation benefits, an injured worker should report the accident or illness, but not make any statement until after consulting with a workers’ compensation or FELA lawyer or with a union representative. The worker should immediately record the names and contact information of any witnesses, and write out a private record of any events surrounding the accident.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

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Causes of Truck Accidents

April 22, 2012 By

Causes of Truck Accidents

When a trucking accident results in serious injury or death, assigning liability for victims’ losses is critical, and depends on accurately determining the cause or causes underlying the crash. Evidence degrades quickly, and witness’s memories become unreliable after a short time. For that reason, investigators from the National Transportation Safety Board (NTSB) arrive at the scene of a serious truck accident shortly after the crash is reported. Investigators from the trucking company’s insurance company may arrive even before the NTSB. As a result, there is good data available on causes of truck accidents.

What are the primary reasons for trucking accidents?

Crash reconstruction experts agree that most truck accidents are complex events, involving more than one causative factor and two or more vehicles. It is common for more than one factor to contribute to the crash. A truck-crash causation study conducted by the Federal Motor Carrier Safety Administration (FMCSA) and National Highway Traffic Safety Administration (NHTSA) concluded that a majority of truck accidents involved fatigue, alcohol, and speeding. When breaking out details overall, however, the study pointed to a much wider range of factors that increase the risk a large truck will be in an accident, including some that may have occurred long before the accident.

  • Driver error was considered a critical reason for 87% of the accidents, and includes two major categories—the driver’s condition before the crash, and decisions made by the driver. The most common critical events resulting from driver error were driving out of the lane, crossing into another lane or off the road and loss of control due to speeding. The category of driver condition includes poor training, driver fatigue, alcohol, illness, and use of legal or illegal drugs. Poor decisions on the part of the driver include traveling too fast for conditions, responding to work pressure from carrier, inattention (distracted driving due to texting, eating, or other activity), following too close, making an illegal maneuver, and responding to an internal distraction in the vehicle.
  • Equipment failure, with brake failure the lead in the category, followed by tire failure.
  • Carrier negligence, a category that includes inadequate driver training and hiring, improper load distribution, pressure to drive longer than legal hours, and failure to maintain equipment.
  • Environmental issues, such as poor road conditions, improperly marked construction zones, and defective roadways can be contributing factors.

Assigning liability for injuries and death

Truck accident injury victims and families of deceased are entitled to compensation from negligent parties. Sorting out the degree to which each party is liable for the damages can be challenging. A person who has a serious injury or death claim should consult with a personal injury attorney as soon as possible after the accident in order to ensure a fair settlement or result at trial.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

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Choosing a Doctor & Getting Medical Treatment

April 22, 2012 By

Choosing a Doctor & Getting Medical Treatment

You have been hurt on the job, or are showing symptoms of an occupational illness. Your first responsibility was to notify your employer of the accident or injury. Next, you need to submit a request to your employer to get medical treatment. Under New Jersey Workers’ Compensation law, your employer or your employer’s insurance company can select the health-care provider to treat your work-related injury or condition. Some employers will agree to let you see your own doctor or chiropractor. Be sure to have that written permission with you before visiting your own clinic.

You will not have to pay any co-pay or deductible—the entire cost of treatment, including physical therapy, chiropractic treatments, doctor’s visits and other expenses, is covered. The doctor chosen by your employer will typically be under contract with your employer’s insurance company. Unfortunately, some of those providers take advantage of the relationship and do not provide the customer service, quality of diagnostics, and referrals to specialists you would find at your regular clinic.

If you are not happy with the workers’ comp doctor

Your employer does have the right to choose your doctor. However, if that means you are not receiving reasonable and necessary treatment that will cure you, relieve pain, or restore function, you have options. DO NOT go to your regular clinic and try to use your regular health insurance—treatment for a work-related injury is probably excluded from the policy.

You can file a claim in Workers’ Compensation Court, a Motion for Medical and/or Temporary Disability Benefits. Your motion will be scheduled to be heard by a judge within 30 days of filing. The judge can order the insurance company to pay for the treatment, diagnostic studies, or an evaluation by a specialist. If a doctor provides a statement that you need medical care before the hearing, and that a delay will result in irreparable harm, you can file a Motion for Emergent Medical Care.

Should you represent yourself in workers’ compensation court?

The claim process is complex and it is recommended that you retain a workers’ compensation attorney to represent you. Your lawyer will not charge a fee in a workers’ compensation case until the matter is ended, at which time the fee is determined by the judge. That fee will never be more than 20% of the award.

What is maximum medical benefit?

The workers’ compensation authorized doctor will eventually declare you have reached “maximum medical benefit” and should return to work. You may not have completely recovered from your injury and still experience pain and other symptoms, but if you have reached maximum medical improvement, you will not benefit from further medical treatment.

For more than a century, Workers’ Compensation Law has provided New Jersey workers with a no-fault insurance plan for on-the-job injuries and occupational diseases. The system may be challenging at times, but protects workers and forces employers to provide employees with care and compensation in the event of injuries.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

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Anesthesia Errors in the 21st Century

March 15, 2012 By

Anesthesia Errors in the 21st Century

Since its introduction in the mid-19th century to the present day, anesthesia has become notably safer. The first anesthetic compounds were explosive, dosages were not established, and unexpected negative effects included fatal aspiration of stomach contents.

Today, anesthesia is administered by anesthesiologists (MDs) and certified nurse anesthetists (CRNAs) with extensive specialized training in the field. The operating room (OR) is equipped with devices that monitor blood pressure, blood oxygen levels, and actions of the heart and lungs during surgery. The anesthesiologist can choose from a range of drugs proven to be safe and reliable.

Why do patients still die from anesthesia?

Despite the abundance of knowledge about anesthesia drugs and their effects on humans, about allergic reactions and antidotes and about techniques and devices to keep airways clear during surgery, deaths and serious injuries still result from anesthesia. Some are unpredictable and inexplicable. Others, resulting from human error, are medical malpractice. And still others are the result of defective drugs or medical devices.

It is critical that the patient’s airway remain open to receive oxygen. During general anesthesia (when the patient is unconscious, paralyzed and can’t breath normally), the anesthesiologist protects the airway by inserting an endotracheal tube into the trachea (windpipe). If the doctor carelessly inserts the tube into the esophagus instead of the trachea, the patient’s oxygen level will drop and the patient will suffer cardiac arrest and, if the airway is not cleared within four to six minutes, brain damage. A well-equipped OR will have a device to verify correct placement of the endotracheal tube. When a procedure is done in an office, the risk of error rises.

Anesthesia is an entire branch of medical science, not just a class of (potentially toxic) drugs. The anesthesiologist, nurse anesthetist, and anesthesia assistants are responsible for observing the patient, noting any unanticipated changes after administration of a drug and responding accordingly. Fatigue, stress, inattention, or poor training may result in operating room staff’s failure to identify an emergency and take appropriate measures.

One of the earliest noted causes of anesthesia-relate death was aspiration of stomach contents; it continues to threaten patients today, especially those who are pregnant, obese, or have bowel obstructions. Special techniques will protect those patients. Another human error is overuse of a sedative during a minor procedure, causing a patient to stop breathing and die. Strong sedatives are often administered by poorly trained staff in a doctor’s or dentist’s office. After the anesthetic is stopped, the anesthesiologist’s or anesthetist’s failure to administer drugs to reverse the paralyzing effect may result in the patient’s failure to resume breathing.

Mechanical devices used during administration of anesthesia are very reliable, but the doctor/nurse anesthetist is responsible for going through a checklist to ensure the device is working properly and avoid death or injury from failure of the anesthesia machine, ventilator, or monitor.

A family that has lost a loved one, or a patient who suffered brain injury or another serious injury as a result of an anesthesia error, may be entitled to compensation from the hospital, anesthesiologist, anesthetist, or manufacturer of defective medical equipment. If a survivor is considering a personal injury claim, it is important to work with a law firm with the resources to pursue a complex, expensive case, and a successful record in personal injury law.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

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Amputation Claims, Settlements and Awards

March 14, 2012 By

Amputation Claims, Settlements and Awards

A woman crossing the street in Paterson New Jersey was struck by a bus. Her injuries required amputation of her left leg above the knee, and amputation of part of her right foot. New Jersey.com news reported that more than two years after she filed a claim, she reached a $7.7 million settlement with the transit agency.

A 24-year-old man entered the emergency room after the tip of his finger was severed in an accident. In a paper presented as part of the New Jersey Medical School Interesting Case Series, authors Hahn and Travato suggest that treatment options might vary depend on, among other things, the patient’s age.

The U.S. Consumer Product Safety Commission toddler chair was recalled after two cases of finger amputation or severe finger injury.

What is the value of an amputated leg, finger, or arm?

A person who loses a limb as the result of the negligence or intentional act of another is legally entitled to compensation. What wisdom do the courts and insurers employ to determine the value of a toddler’s finger or an athlete’s leg?

The first and foremost concern of an insurance company is keeping the award low. Typically, the insurer will offer a quick, simple settlement for an amputation injury. A victim is advised to consult with a personal injury attorney before speaking with insurance company representatives about the accident or any settlement. There will be no legal fees for a consultation. The lawyer, experienced in dealing with insurers, will handle the claim while the amputee deals with pain, recovery, and grief over the loss. An appropriate personal injury law firm will have a proven record of successful representation, and have the resources to arrange for investigations, medical and rehabilitation evaluations.

A broad range of factors may affect the outcome of an amputation claim. The judge, jury, or insurance adjuster awarding damages or negotiating the settlement will consider circumstances surrounding the accident, age of the victim, any permanent loss of function, cosmetic effects of the amputation, cost of future treatment, disability accommodations, and any other issues brought to light at trial or in negotiations. The quality of legal representation is critical—insurance companies have entire legal departments employed to contest claims.

A personal injury attorney will file claims for damages against all negligent parties. Causes of accidental amputation and related liability claims may include dangerous conditions on property (premises liability), defective toys, tools, auto parts and other manufactured products (product liability), doctors’ errors and hospital negligence (medical malpractice), construction accidents, and all types of motor vehicle accidents.

If the amputation was due to a work-related injury, the state of New Jersey Workers’ Compensation Law provides a schedule that outlines in specific detail compensation for loss of an eye, loss of the thumb to the first joint, loss of a tooth, amputation of a leg at the knee, and other amputations. Compensation is defined in terms of weeks of work.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

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What is Divorce Mediation?

March 14, 2012 By

What is Divorce Mediation?

Divorce mediation is a process where a neutral party helps a couple work out the terms of their divorce. The third party, a certified mediator, does not make any decisions. Rather, the mediator works with the couple, guiding their discussions and helping them focus on solutions that preserve the value of the marital estate, are fair to both spouses, and are in the best interests of their children. It is the mediator’s job to provide a calm, professional presence in an emotionally difficult situation

Mediation is a private process. Typically the spouses will sign a contract agreeing to keep the discussions confidential. The discussions will not be admitted as evidence in any later court appearances.

Each divorce agreement is unique. The length of the mediation process depends on the complexity of issues involved and how far the spouses are from agreement. Mediation begins with a series of meetings including both spouses and the mediator. The number and length of meetings will vary. Divorce is a difficult process, always following the pain and disappointment of a failed marriage. It is common for spouses to place irrational importance on small issues, or fail to see the burden a custody battle will place on their children. The mediator will help them refocus on important issues and put others in perspective. It is necessary that both spouses be willing to put forth an honest effort to reach an agreement. If one or both are seriously combative, mediation will not be an effective solution.

You may still have an attorney review your agreement. When the couple has reached agreement on some or all issues, the mediator will prepare related documents to be submitted to the court as part of the final divorce proceedings. Many mediators recommend that their clients engage separate attorneys to review the agreements before finalization. Although that is not required by the court, it provides an additional layer of protection for each party. It is an economical alternative to working through the agreement process with your attorney present.

New Jersey divorce courts support mediated settlements. A mediated agreement is generally considered superior to a decision rendered by a judge. Both parties have invested time and emotional energy in reaching common ground. The mediator has helped them work out reasonable agreements and get past apparent roadblocks. With few exceptions, judges approve the agreements.

New Jersey courts recognize mediated property settlements and child support agreements, although a child support agreement may be reviewed if there is a question about the child’s welfare. In a related process, collaborative divorce, each party is represented by separate counsel, and the mediation process may involve a child psychologist, property evaluator and other experts. Some collaborative divorce lawyers, as part of their commitment to mediation, refuse to later represent their clients in litigation.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

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Workers’ Compensation: Keeping Your Benefits

February 23, 2012 By

Workers’ Compensation: Keeping Your Benefits

If you suffered a work-related injury or illness, you are entitled to compensation and support. In New Jersey, workers’ compensation benefits include medical benefits, wage replacement, and permanent disability compensation. Wage replacement and disability compensation can be awarded as temporary total benefits, permanent partial benefits, or permanent total benefits. If you are the dependent of a worker who died on the job or as a result of employment, you are entitled to a death benefit. Workers’ compensation is a no-fault insurance program. Regardless of who was at fault for the injury or illness, the insurance must pay. In exchange for the benefits, the employee cannot bring a suit against the employer, for example, suing for pain and suffering, unless the employer’s act was intentional.

The system is not simple. Your employer may dispute your claim, in whole or part, arguing that the injury was not work-related, medical treatment was inappropriate or unnecessary, or temporary disability benefits are not justified. Keeping your benefits will require filing a claim petition or an application for an informal hearing with the New Jersey Division of Workers’ Compensation. You have the right to file the claim petition on your own, but the Division recommends you consult with a workers’ compensation attorney if you are involved in a dispute, filing a claim petition or filing an application for an informal hearing. An attorney cannot charge a fee to represent you in a workers’ compensation matter. The fee will be set by the judge assigned to your case. Attorney fees are normally limited to 20% of the amount awarded to you. An employer will generally be represented by a lawyer hired by the insurance company. A self-insured employer is required to hire counsel.

Threats to your workers’ compensation benefit payments

Aside from disputing the claim, your employer may use other strategies to attempt to stop your workers’ compensation benefits, including the following:

  • You may be offered an inappropriate work accommodation, a job for which you are under- or over-qualified. Your employer may attempt to stop your benefit payments when you refuse the position.
  • The employer’s insurance company may offer a lump sum settlement in place of weekly workers’ compensation payments, permanently limiting the total amount of your compensation.
  • Your employer may refuse to report your accident to the workers’ compensation insurance carrier.
  • The employer may attempt to limit your temporary total disability benefits on the basis of a single impairment rating evaluation.

Retaliation for filing a claim or testifying

It is illegal for your employer to fire or discriminate against you for filing a workers’ compensation claim or for testifying in a workers’ compensation case. You can file a claim of workers’ compensation discrimination with the New Jersey Office of Special Compensation Funds. If your employer terminated you because of a work-related disabling condition, you can file a federal claim of violation of the Americans with Disabilities Act (ADA) with the Equal Employment Opportunity Commission in Washington, D.C.

If you have been treated unfairly or illegally by your employer, New Jersey State and federal agencies provide avenues for compensation under laws governing discrimination and workers’ compensation. A lawyer with experience in those areas can explain your options and how you may be able to challenge your employer’s actions.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

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Fire Injuries: the Third Leading Fatal Home Injury

February 23, 2012 By

Fire Injuries: the Third Leading Fatal Home Injury

According to the Centers for Disease Control and Prevention (CDC), fires are the third leading cause of fatal home injuries. Every day sees an average of 435 children treated for fire injuries. Two of them will die. Most victims die from inhaling smoke and toxic gases, not from burn injuries. Smoking is the leading cause of fire-related death and cooking is the most common cause of residential fire. Statisticians can break down the cost of injuries, demographics (children four and under are most at risk of fire injury or death), ethnicity, economics, and social factors.

We also know that most home fires happen during the winter months, alcohol is often a contributing factor, and over one-third of home fire deaths happen in structures without working smoke alarms; one-quarter resulted from fires in homes in which smoke alarms were present but not operational. While there are numbers regarding losses and cost there are none to describe the pain and suffering of a family that loses a child, or a victim who survives but suffers serious burn injuries.

Completely preventable tragic accidents

The steps property owners and families can take to prevent home fires and related injuries and deaths are simple and inexpensive. Take the time to do the following and protect your family:

  • Install smoke alarms in or near every sleeping area and on every level. Check batteries monthly.
  • Discuss fire with your family members. Have an escape plan, with two exits from every room in the house. This might require investing in hanging ladders for second-story bedrooms. Have a meeting place outside of the house. Be sure everyone understands the importance of getting out without stopping for pets or personal belongings.
  • Discuss safe cooking practices, including never setting flammable materials on the stove.
  • Have a fire extinguisher in the kitchen, and make sure everyone knows how to use it.
  • Enforce a no-smoking-in-bedrooms rule.
  • Be clear that matches and lighters are not toys.

Fire injuries resulting from tenants’ or landlords’ negligence

Owners of rental property, including multi-family units, college dorms, and apartment buildings, are responsible for providing fire exits and smoke alarms. Specific requirements for inspections and permits vary by community and state. A landlord who fails to provide and maintain smoke detectors, sprinkler systems, fire alarms, or exits may be liable for damages to tenants injured as a result. A personal injury lawyer who takes on a fire injury or wrongful death claim should have resources available to conduct a thorough investigation. If a defective smoke alarms or other poorly designed equipment was to blame, the manufacturer may be liable. A landlord who failed to provide a safe building can be sued. In both those situations, insurance companies for the defendants will handle the cases and either agree to settlements or go to court.

Tenants are themselves responsible for taking reasonable precautions to prevent fires. A tenant who causes property damage, injury, or death through dangerous cooking or smoking practices, disabling smoke alarms, or blocking exits can be sued or charged with negligent homicide. If a tenant charge with a crime cannot afford a criminal defense lawyer, the state will provide a public defender. Again, the outcome of a civil or criminal case will depend heavily on the quality of the defense investigation.

When someone suffers injury or loss in a fire

It is important, if a person is injured or suffers another loss in a house or apartment fire, that a thorough investigation be conducted immediately, before evidence degrades or disappears, and witness memories become unreliable. It is common practice for personal injury law firms to offer free initial consultations and, if a firm takes a case, to arrange for that investigation. Therefore, person who has been injured, suffered loss of property, or lost a loved one to fire, should contact a firm as soon as possible afterwards.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

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Types of Divorce

February 23, 2012 By

Types of Divorce

From a legal perspective, New Jersey classifies the dissolution of a marriage simply as uncontested or contested. Divorce can be initiated by either spouse. Since the advent of no – fault divorce, the most common reason stated is simply irreconcilable differences. It is rare for the court to inquire as to the differences.

The legal distinction between types of divorce is simple, but in reality, each divorce is as unique as the individuals involved. Most dissolutions of marriage fall somewhere along a continuum, bounded by amicable agreement and all-out war.

Uncontested divorce

In an uncontested divorce, the couple works out an agreement on all division of assets and debt. This will include division of all property/assets, including retirement accounts, the family home, vehicles, investments and Aunt Sally’s blue china plate. It may include terms of any limited or permanent alimony, and a determination of how any debts will be settled. This agreement is formally written into a property settlement agreement (contract) which becomes part of the final judgment of divorce.

If the couple has children, the parents must agree on all details of child support, medical insurance, cost of education, sports, music lessons and other expenses. Their agreement must include decisions on legal and physical custody (sole, joint, combined), parenting time for a non-custodial parent, expenses involved in transporting the child between homes, and may involve agreements on special features such as video calls and religious instruction. If the couple can not agree then the Courts will make those decisions, something both parties should try to avoid as it is their children and they should do what is in the best interests of the child/children.

Related issues that may be included in the agreement include terms of temporary separation, grandparents’ visitation rights, and provisions for re-evaluating child custody post-divorce.

An important feature provided by uncontested divorce is privacy. In a contested (litigated) divorce, the record of court proceedings is a public record that may cause pain or embarrassment to the couple, their children and other parties.

Uncontested divorce is, compared to litigation (contested divorce), economical in financial and emotional terms. Attorney fees are kept to a minimum. There are no public arguments. Some couples with few assets and liabilities and no children even opt for do-it-yourself (DIY) divorce, preparing documents and presenting them directly to the courts. There are hazards, however, to DIY divorce, or budget attorney packages. Under the stress of emotional exhaustion or guilt, a party may agree to terms that are clearly unfair. The couple may overlook significant property or financial issues, fail to consider future changes in circumstances, or not understand the impact of the agreement on welfare or medical assistance payments.

Contested divorce (litigation)

In a contested divorce, the spouses fail to agree on some or all terms of division of property, child support and custody, and alimony. Spouses are represented by separate attorneys; the role of each is solely to protect the interests of his or her client. The litigation process may include discovery, investigations of marital assets, psychological evaluations of parents and children, motion practice, multiple court dates and postponements. The validity of a pre-nuptial agreement may be questioned. Ideally, divorce lawyers act as voices of reason in an emotionally charged space, helping their clients reach fair agreements on as many points as possible, only taking the most contentious issues to court. Finally a judge, working on the basis of court documents and proceedings, decides all terms of the divorce.

Child custody is the most complex and challenging issue in contested divorce. The law does not favor either parent as custodian, but will look at time away from home, living situations, the child’s relationship with each parent and the effect on the child’s education and social life when deciding custody issues.

Despite famous stories of contested divorce proceedings that devour the bulk of the marital estate or take years to resolve, most contested divorces are resolved in a reasonable fashion.

Legal separation, divorce from bed and board and annulment as alternatives to divorce

Some individuals, for religious or other reasons, choose not to divorce. Some choose instead a legal separation, living apart and limiting their financial relationships with their spouses. Others petition the court for annulment. An annulment is essentially a statement that the marriage did not exist. In New Jersey there are divorces from ”bed and board”-which allows the parties to live separate and apart, completely divide their assets and liabilities, determine alimony and child support, and allows for one spouse to keep the other spouse on their health insurance coverage. Neither party, however, can re-marry.

Contact us for a free attorney consultation, or visit our Practice Areas page for more information about Taylor & Boguski.

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