Claire McFadden Claire McFadden

Best Divorce Attorney in Atlantic County

When you are going through a divorce in Atlantic County you want the best divorce attorney in Atlantic County. Unfortunately, your spouse also wants the best divorce attorney in Atlantic County. Is the answer to Google the "best divorce attorney in Atlantic County"? In all likelihood this will secure you the attorney that spends the most money on advertising and internet Search Engine Optimization. Speaking with 35 years experience in Family Law, I have found no relationship between an attorney's advertising budget and his or her ability.

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Claire McFadden Claire McFadden

Is Divorce Mediation Right for You ?

Initially pursuing divorce mediation has the potential of offering parties many benefits including the potential for lower costs, faster resolution, more control, less conflict, more privacy and more confidentiality, when compared to the litigation process. Why doesn't everyone seeking a divorce opt for divorce mediation? The short answer is that in order for divorce mediation to work, both parties must be able to communicate civilly and must be able to be reasonable and fair in discussing potential resolution terms of all disputed issues. For various reasons some parties are not able to communicate in a way that can reap the above benefits of divorce mediation.

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Claire McFadden Claire McFadden

New Jersey Whistleblower Claim

In an employee whistleblower claim, (formally a Conscientious Employee Protection Act claim (CEPA)), an employee must establish a prima facie retaliation claim under N.J.S.A. 34:19-3(a)(1). This requires presenting evidence that he/she reasonably believes that her employer's conduct was violating either a law, or regulation promulgated pursuant to law;

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Claire McFadden Claire McFadden

Failure to Hire or Promote and Employment Discrimination

In New Jersey an employer cannot fail to hire or promote a person based on their race, national origin, nationality, age, gender, civil union status, religion, or physical disability. All employment discrimination claims are required to meet the burden of proving the elements of a prima facie case. The required elements to be successful can differ depending on the specific circumstance and the type of employment discrimination claimed.

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Claire McFadden Claire McFadden

The Effect of Cohabitation on Alimony in New Jersey

The first issue presented when a party seeks modification or termination of an alimony agreement based on cohabitation is to establish a prima facie case of cohabitation. This is achieved by filing a motion with supporting documents and affidavits. If the Court determines a genuine issue was been presented the Court will generally permit discovery and schedule a plenary hearing.

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Claire McFadden Claire McFadden

Equitable Distribution of Personal Injury Awards

The issue of whether a cause of action for personal injury or a personal injury award is subject to equitable distribution is not settled in New Jersey. New Jersey Statute Anno­tated 2A:34-23 states in part that a Court may, “...effectuate an equitable distri­bution of the property, both real and personal, which was legally and beneficially acquired by them or either of them during the marriage.” DiTolvo v. DiTolvo, 131 NJ. Super. 71 (App. Div. 1974), was one of the first decisions in New Jersey to address the issue.

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Claire McFadden Claire McFadden

Employment Discrimination

In an employment discrimination case, the court generally determines if a plaintiff has met its initial burden. For example, in a wrongful termination case this would be that you are a member of the protected class, that you were performing your job, and you were subject to an adverse employment action. Generally the employer then sets forth the reason it asserts for the discharge and the plaintiff then has to provide evidence that the reason proffered by the employer was a “pretext” and that the true reason for the adverse employment decision was unlawful discrimination.

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