If you have decided to file for divorce, or are a party to a divorce proceeding, you may want to resolve matters, if at all possible, without the need to go to trial. Divorce litigation can be costly, in terms of time, money and emotions. There are options that will not only minimize stress, anxiety and expense, but will give you greater control over how your differences are resolved. This blog post looks at the ways you can avoid divorce litigation.

The first step to minimizing the risk of divorce litigation is to fully understand the costs of taking matters to trial. If you choose to dispute everything, and require a judge or jury to determine the outcome, you will necessarily go through a lengthy process. Once a divorce complaint has been filed, the court will establish a discovery schedule. This sets forth the amount of time that will be spent gathering all relevant information to determine child custody and visitation, child support, alimony or spousal support, and the division of marital debts and assets. In most instances, there will be requests for production of documents, as well as depositions of parties and other relevant witnesses. Your lawyer will expect to be paid for every task they handle for you. If they draft a request for production of documents, or a response to such a request, you will be billed. When they review all documents, you will be billed. When they appear on your behalf at a deposition, meeting or hearing, you will be billed. And, in addition to the expense, such actions take time.

Once you understand the cost of divorce litigation in terms of time and money, you should take a look at alternative means of dispute resolution, including negotiated settlements, mediation, and the collaborative approach to divorce. In a negotiated settlement, you and your counsel work directly with your ex-spouse and opposing counsel to work out agreements governing custody and support, as well as property matters. In mediation, you work with a neutral third party, who facilitates efforts to find mutually beneficial solutions. In the collaborative law process, you and your ex-spouse agree to try to resolve all matters without the intervention of the court. Your lawyers can also participate in the process.

The common component of successful negotiation efforts, mediation and collaborative law attempts is a willingness to work with your former spouse to find solutions that work for both of you. This means you may have to identify those items that are not negotiable and those about which you can be flexible. In all matters related to your minor children, however, you should always give priority to what is in their best interests.

Contact the Law Office of Taylor & Boguski

To schedule a free initial consultation with experienced New Jersey family law attorneys, contact Taylor & Boguski by e-mail or call 800-404-5299. To learn more about our practice, visit our practice area overview page.

The Difference between Permanent Partial Disability, Permanent Total Disability, and Temporary Total Disability

If you have been injured on the job in New Jersey, you may pursue benefits for your injuries through the state’s workers’ compensation system. Under state law, recovery for injuries caused by the negligence or wrongful act of your employer or a co-employee is limited to benefits available through a workers’ compensation claim. If, however, you are hurt because of the careless act of a third party, such as the driver of a vehicle, or the manufacturer of dangerous or defective equipment, you may be able to seek damages in a personal injury lawsuit as well as pursue a workers’ compensation claim.

The workers’ compensation statutes are set up to pay benefits based on the type of injury. Benefits can be temporary or permanent, and the disability caused by your injury can be partial, preventing you from performing specific tasks; or it can be total, making it impossible for you to work at all. If any injury prevents you from working temporarily you may be eligible for temporary total disability benefits. After you have been determined to have reached maximum medical improvement (MMI) for the injury you may be eligible for a permanent partial or permanent total disability award.

What Is Permanent Partial Disability?

The most frequent type of workers’ compensation claim is one for a permanent partial disability (PPD). The injury is considered to be permanent when it is determined that you will never fully recover from it. It is considered to be partial when it prevents you from conducting all tasks required of your job, or from working at full capacity. Such an injury can result from a traumatic accident, or from an occupational illness.

There are a wide range of injuries and illnesses that will qualify you for PPD benefits. Some common work related permanent partial disability injuries are:

  • Back injuries
  • Permanent loss of vision or hearing
  • Shoulder, hip, knee, elbow or other joint injury
  • Amputation or loss of limb
  • Repetitive stress syndrome

The amount of benefits you can receive in a PPD claim is typically based on the degree to which you injury limits your ability to work, know as your disability rating.

What Is Permanent Total Disability?

If the work related injury renders you totally permanently disabled you may be eligible for permanent total disability (PTD). In order to receive PTD benefits a person must be totally disabled and unable to return to gainful employment.

If you are totally disabled as a result of a work related accident you may be eligible for benefits for the remainder of your life.

What Is Temporary Total Disability?

You can seek temporary total disability (TTD) benefits when you are either temporarily unable to return to work because of an injury or illness, or your doctor authorizes you to return to lighter duty work, but your employer has no such work for you. Typically, you are entitled to TTD benefits until you have physically recovered and are able to return to work full time, or your employer is able to put you back to work at doctor-approved tasks.

Examples of injury or illness that can make you eligible for TTD include:

  • Broken bones that make it impossible to work
  • Sprains, strains or muscle pulls, particularly in your back or knees

To schedule a free initial consultation, contact Taylor & Boguski by e-mail. To learn more about our practice, visit our practice area overview page.

Mount Laurel Divorce Temporary Orders Attorneys

Divorce often involves recriminations, accusations, and feelings of betrayal. As a result, people can end up acting in ways they’d never thought they would in an effort to hurt the person who hurt them. Consequently, temporary orders are important in any divorce since they afford essential protections for both spouses and their children.

What are temporary orders? In New Jersey they are known as Pendente Lite Orders. They are orders pending the Final Judgment of Divorce. These orders are issued by a judge in order to establish the financial and parental rights and responsibilities of each spouse throughout the divorce process and to retain the status quo until there is a final hearing.

Why are Temporary Orders Important in My Divorce?

In New Jersey, spouses have a great deal of leeway to decide for themselves how to interact and make certain kinds of financial and parenting decisions prior to and during a divorce unless there is an Order of the Court placing restraints and limitations. This can leave both spouses vulnerable, for example if one or the other decides to sell property, max out credit cards, stop paying bills, emptying a bank account, or suddenly move out of town with the children.

In New Jersey, when the Divorce Complaint is filed there are no automatic stays except for the modification of insurances, life, heath, homeowners and car. An application must be made to the Court asking for relief, including but not limited to the support of a spouse and the children, temporary custody and parenting time, restraints on the disposition of assets, preventing a parent from moving out of state with the children, responsibility to pay bills etc. For these reasons, it’s important to ask your attorney to request that the court issue temporary/ pendente lite orders protecting your financial interests and parental rights.

Temporary Orders, Spousal Support, and Parenting Plans

While each divorce is different, in general, temporary orders do not change throughout a divorce. In fact, in most cases temporary orders may serve as the foundation for any final parenting plan or spousal maintenance order in a divorce settlement. This is especially important to remember in regard to parental rights during your divorce.
If your spouse intends to ask for full custody of your children, his or her attorney may ask for a temporary restraining order. If granted, this will affect your access to your kids and any final parenting plan approved by the court. Consequently, requesting temporary orders that guarantee you access to your children protects your long-term custody interests.

Contact Mount Laurel Divorce Temporary Orders Attorneys

Regardless of how well you believe you and your spouse resolve differences, don’t assume this will continue through your divorce. Once financial issues arise, your spouse’s divorce attorney could take a more aggressive approach, leaving you on the defensive. To protect yourself and learn how we can help you, contact Mount Laurel divorce temporary orders attorneys at Taylor & Boguski, LLC today to schedule an appointment and discuss your case.