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Grandparents' DayGrandparents’ Day falls on September 11th this year. Since 1979, the Sunday following Labor Day has been proclaimed Grandparents’ Day by every President of the United States beginning with President Jimmy Carter. While a happy day for most, Grandparents’ Day can be difficult for those who are denied the right to visit their grandchildren regularly.

Applying for Grandparent Visitation Rights in New Jersey

In New Jersey grandparents may ask the court to grant them visitation rights if the grandchild’s custodial parent is against it. The marital status of the child’s parents does not matter, but you may not apply for visitation rights if the child has been placed into adoption by anyone other than a stepparent.

fafsa for divorced couplesMost college student aid comes from federal student aid programs. The Free Application for Federal Student Aid, better known as FAFSA, is a document published by the U.S. Department of Education. Students use this application to apply for federal aid in order to help with college and career-school expenses. FASFA is used by colleges and career schools throughout the nation as the basis for making decisions regarding eligibility for financial assistance.

Like many states, New Jersey requires students applying for financial aid to begin with the federal application and uses FAFSA to qualify applicants for state-specific programs. For that reason, you must be certain that you complete and submit your FAFSA in time to meet New Jersey’s filing deadline.

Students use federal student aid to pay for tuition and fees, room and board, books and supplies, transportation, and other related expenses.

work place discriminationOn June 21, 2016, the NJ Supreme Court ruled that employees may not be fired or held back from advancement due to the fact that they are in the process of divorcing or separating.

According to Reuters, the NJ Supreme Court voted 6-0 that the state’s Law Against Discrimination’s provision that prohibits discrimination based upon marital status also includes divorce, separation, and even being single. If the employee’s or prospective employee’s marital status has no bearing on job performance or on the environment of the workplace, then it should not be a factor in being hired nor in advancing to a higher position. The employer’s approval, disapproval, or concern regarding the worker’s marital status should not be a factor.

Smith v. Millville Rescue Squad et al

Relocation with Children in New JerseyA custodial parent in New Jersey who wants to move to another state without the consent of the other parent must obtain a court order. In order to obtain that court order, the party wishing to move has to show that the request is being made “in good faith” and that the move will not harm the child in any way.

When a Divorce Agreement Modification Might Be Needed:

A Case Study

divorce mediationMediation can be a desirable alternative to litigation for New Jersey divorcing couples. In mediation an unbiased third party, the mediator, guides the couple and helps them work towards an amicable solution. The most important factor is that both parties are committed to reaching an agreement that is fair and equitable. Each must be willing to see things from the other’s perspective.

Mediators do not have to be attorneys, but many are. It is helpful to have a mediator who is well versed in New Jersey divorce and family law. Although your mediator cannot offer advice, he or she can educate clients regarding the relevant laws.

If children are involved, the idea of their parents divorcing is often a traumatic experience. Using mediation rather than litigation may ease the stress. Seeing their parents communicating amicably and trying to work things out reasonably will likely relieve their anxiety about what the future holds.

College expensesNew Jersey child-support orders should consider the educational needs of the children. Generally speaking, New Jersey courts hold that it is the parents’ responsibility to provide a post-secondary education for their children. In some cases, the court will also issue an order that one or both parents contribute to private or religious elementary and/or secondary education.

Aretsky Law Group, P.C., will help you understand the issues involved. We will guide you through the process to ensure that your divorce agreement or modification meets the needs of you and your children. We will do everything we can to come to an agreement between you and your ex-spouse; however, if an agreement cannot be reached, we will vigorously represent you to protect your rights and to enable you to provide the best education possible for your children.

We are also able to provide assistance in the filling out and filing of the FAFSA, which is necessary if your child is applying for financial assistance.

out of state divorceWe have a mobile society, and after separation or divorce, it is not uncommon for one of the spouses to move out of state. If either of them later decides to file for divorce or to request a modification in a divorce, then residing in two different states—or even different countries—makes it a little more complicated.

The first step is deciding where to file. It is imperative to file in a state that will have jurisdiction over your case. The most important factor is residency.

What if you want to serve divorce papers or file a request for modification of a divorce in New Jersey, but your spouse does not live in the state?

Trends in Attitudes About Marriage, Childbearing, and Social BehaviorA report issued in March 2016 by the CDC’s National Center for Health Resources describes the results of a study conducted to determine trends in Americans’ attitudes towards social changes from 2002 to 2013. Data was based on the National Survey of Family Growth for 2002, 2006–2010, and 2011–2013; for some of the questions there was no data available from the 2002 survey.

Respondents for the 2011-2013 survey were further divided into 3 age groups: 15–24, 25–34, and 35–44. Analysis of the data showed that younger respondents tended to be more accepting of the social changes.

For each category the respondents were given a series of questions to which they were asked to agree or disagree. These were the categories covered:

New Jersey Family Leave ActBalancing a job, child care, and elder care can seem like a daunting task. This is even more difficult for single parents and families dependent upon two incomes to make ends meet.

The federal Family and Medical Leave Act (FMLA) grants eligible employees of covered employers the right to take up to 12 weeks of job-protected, unpaid leave in a year to care for a newborn and up to 26 weeks to care for a seriously ill family member; however, there are two problems in that statement: “eligible” and “unpaid.” Many employers are not covered by the act, and less than half of the nation’s workers are eligible. What’s more, many employees who do qualify for the unpaid leave cannot afford to take off from work without getting paid.

In April 2016 New York State made the news by becoming the fourth state to offer paid family leave. The other three, in chronological order, are California, New Jersey, and Rhode Island. All four states built their programs on Temporary Disability Insurance (TDI) programs already in place.

domestic violenceOn May 25, 2016, Amber Heard filed for divorce from Johnny Depp, her husband of fifteen months. She named “irreconcilable differences” as grounds for divorce. Heard also asked for temporary spousal support, but that request was denied.

A few days after filing, Heard asked for and was granted a temporary restraining order against her estranged husband. Although Depp maintains that the charges are false, Heard stated that she was a victim of physical and verbal domestic abuse.

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