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Why shouldn’t I handle my own divorce? Why do I need an attorney?

New Jersey Divorce Lawyers

Divorce is a highly emotional and stressful situation. On top of that, most divorces have multiple issues, moving parts and facets to it that a person not experienced in law will overlook. This can lead to both short and long term negative, devastating results. If you and your spouse are looking to reduce costs and can work together reasonably well, then an uncontested divorce would be the best direction to go in. However, it is still highly recommended to retain an experienced, New Jersey divorce attorney to make sure all avenues are pursued, all documents and agreements are properly filled out and filed and to be a legal advocate for you in the courtroom.

Look at it this way: would you perform surgery on yourself or would you leave it to the hands of an expert? We have seen too many people have to pay a lot of money to fix a problem that could have been easily avoided if they had a good divorce lawyer. The judge will likely not help you with all of the different issues in your case. If you put through a bad or incomplete settlement, you may not find out about it until it is too late. Don’t risk a potential nightmare. Remember, just because you hire a divorce lawyer does not mean that your case has to get expensive or complicated.

The Law Offices of Jef Henninger, Esq., use our expert divorce lawyers to assist you throughout the process while not breaking the bank and keeping your rights protected. Schedule a free initial consultation with our law firm by calling one of our Middlesex County divorce attorneys at 732-773-2768 today!

What is an alternative dispute resolution (ADR)?

New Jersey Alternative Dispute Resolution Attorneys

An alternative dispute resolution is when a dispute is settled outside of the courtroom. This is what you hear when people say that the case was “settled out of court.” When it comes to New Jersey divorce cases, the most common ways an alternative dispute resolution is reached is through mediation, negotiation or arbitration. If you and your spouse can reach a settlement through alternative dispute resolution, you both can receive benefits from it, such as lower legal costs, control of the process, confidence and even settlements being resolved quicker.

At the Law Offices of Jef Henninger, Esq., our seasoned NJ alternative dispute resolution lawyers will explore your divorce case and see if an alternative dispute resolution is in your best interest. If it doesn’t work out, our law firm can also handle the traditional litigation needed for a divorce. Reach out to our New Brunswick divorce lawyers by calling 732-773-2768 and use our free initial consultation to start work on your divorce case today!

Medicaid divorces in New Jersey?

New Jersey Medicaid Divorce Lawyers

Some older couples will decide to have a “Medicaid divorce”, which is a divorce that is done to protect an ill spouse who may not be eligible for Medicaid assistance due to financial assets the couple shares. Even if the couple is happily married, the Medicaid divorce will allow the couple to restructure their assets so the spouse in need if Medicaid can now be eligible. Because the laws regarding Medicaid assistance and eligibility differ per state, obtaining a knowledgeable New Jersey Medicaid divorce attorney is very important. While this is a legal option to help protect your disabled spouse, you still need to proceed cautiously in dealing with a Medicaid divorce, and only with an experienced lawyer on your side.

At the Law Offices of Jef Henninger, Esq., our knowledge and experience in divorce law is utilized to help fight for the rights of our clients. Our professional NJ Medicaid divorce attorneys will answer your questions and go through the options available to you and your spouse. Call our Essex County divorce attorneys any time, even on nights and weekends, at 732-773-2768 to receive a free initial consultation today.

What you can expect to encounter during the divorce.

Experienced NJ Divorce Attorneys

When you are thinking about getting a divorce in New Jersey, it is only normal to want to know what you may be stepping into. In order to help you get a grasp of what is entailed in a divorce case, this post will go through the general steps you encounter during a divorce. Please keep in mind, however, that each divorce case is unique and your divorce may not follow these steps completely. This is just a general overview of what most divorce cases go through. Be sure to reach out to an experienced New Jersey divorce attorney to discuss the details of your specific divorce case.

The first step is the complaint for divorce form being filled out and submitted. This is when either you or your spouse send a request to a New Jersey court for a judgment of divorce. In order to do this, you must submit a Confidential Litigant Information Sheet which will give the court information about your identity, the grounds for the divorce like adultery, separation, extreme cruelty, etc., and an Affidavit of Insurance Coverage form which will go over your existing insurances like auto, homeowner, and other types of insurance. Once that has been all filed, your divorce case will be given a docket number and either you or your spouse, depending on which one of you filed the Complaint For Divorce form, will receive the divorce papers.

The next step will be what is known as discovery. Discovery is where both you and your spouse will give each other the information needed in order to proceed forward with the divorce. Some of the things you may be asked to exchange are credit card statements or business records. There may even be some written questions and a case information statement that will need to be completed. This will go over the couple’s monthly budgets, liabilities and various other financial information. A deposition may also be asked during this time. A deposition is a verbal, recorded conversation that is taken under oath that can be used in court. While this is all going on, your divorce attorney should be trying to reach a settlement to help possibly keep the divorce out of court.

If a settlement is not reached by a certain date which is scheduled by the court, an early settlement panel will be arranged. You and your attorney will need to be present in front of this panel and they will go over the issues that may be preventing you from reaching a settlement. The panel will give suggestions on how to reach a settlement and if both parties are satisfied, the divorce can be granted at that very moment. However, if there are still issues not resolved, then an economic mediator will need to be selected.

If the economic mediation still does not produce a settlement, a settlement conference will be held. These intensive conferences are held all day and both you and your spouse and both your attorneys will need to return to court to do this. This is considered the last option available to help reach resolution with your divorce without it going to trial. But, if there is still no resolution or settlement made after this conference, then the divorce case will go to trial. Once in trial, the judge will hear both sides and will make the final decision and finalize your divorce.

As you can see, having an experienced, professional New Jersey divorce lawyer during this process is a good investment. At the Law Offices of Jef Henninger, Esq., our aggressive divorce lawyers walk with you through these steps, and fight to reach a settlement that meets your goals and needs. And, if the case does go to trial, we utilize our decades of divorce law experience to protect your rights. Schedule a free initial consultation with our law firm today at 732-773-2768 and see what steps are needed for your unique divorce case and what our Passaic County divorce attorneys can do to help you.

Understanding alimony in New Jersey.

New Jersey Alimony Lawyers

If you are looking to receive money from your spouse either during and/or after a divorce, then you are looking for alimony. Alimony, also known as spousal maintenance or support, is calculated using a variety of formulas and is usually put into play to help eliminate any unfair economic strain that would arise from the divorce. Alimony also tries to have both parties live comparably to the lifestyle they had while they were married. Otherwise, the divorce can leave one of the parties with a huge financial disadvantage. In order to properly calculate alimony, there are numerous factors that are analyzed like income, age, education of you and your spouse, parental responsibilities to any children and length of marriage, just to name a few.

Regardless of the factors, you should hire a seasoned New Jersey alimony attorney to make sure all financial needs are met. At the Law Offices of Jef Henninger, Esq., our team of professional, tenacious alimony attorneys can see if you are eligible for alimony, and if so, fight aggressively for your financial goals. Speak with one of our Paterson family law attorneys with our free initial consultation at 732-773-2768.

Understanding the difference between a divorce and an annulment?

New Jersey Annulment Attorneys

A New Jersey annulment is a lot like a divorce, but it actually makes it seem that the marriage never happened. Some couples prefer an annulment over a conventional divorce for social or religious reasons. It could also be due to a financial reason, as it is much harder for alimony to be awarded if it is an annulment over a divorce. However, to be eligible for an annulment a fraud or misrepresentation of some kind must of occurred during the marriage. For example, if incest occurred, concealing impotence, conducting bigamy, or threat of physical violence to get married are all situations that are eligible for annulment. Most cases that are eligible for annulments are marriages that are very short in time and where there are not that many assets to be distributed. But, that doesn’t mean assets are not distributed in annulment cases. Even though it is harder for alimony to be achieved, it doesn’t mean it is impossible.

Regardless of the situation, speaking to an experienced New Jersey annulment lawyer is in your best interest. In the state of New Jersey, the court has the authority to make decisions like if it were a divorce, like with alimony and child custody. At the Law Offices of Jef Henninger, Esq., our highly skilled annulment lawyers take your case very seriously and will be aggressive in your defense in court. If you are considering an annulment in New Jersey, contact our law firm at 732-773-2768 and receive a free initial consultation from one of our Bloomfield divorce lawyers!

The different types of alimony in New Jersey.

New Jersey Alimony Attorneys

Since there are many different circumstances regarding a divorce case, the same goes for the types of alimony that one may be eligible for. With the numerous kinds of alimony that one can file for, you need to make sure the type of alimony you do request is the best one for your unique situation. For instance, a permanent alimony is usually best for long-term marriages and is as the name says, permanent usually after the divorce is settled. But there is also a pendente lite alimony, which is a temporary financial award that is usually handled during the divorce process. As you may have noticed, some alimony types are for during the divorce case and some are for after. Because of this, you can even combine alimony types to make sure you are supported financially during this tough time.

With the various types of alimony, all not being mentioned here, it is critical to have a seasoned New Jersey alimony lawyer on your side. The Law Offices of Jef Henninger, Esq., has a team of lawyers with divorce and family law experience, and will fight to secure your financial future. Contact our Monmouth County law firm for a free initial consultation at 732-773-2768.

How are the division of debts and assets calculated?

New Jersey Equitable Distribution Attorneys

Just like with alimony and child support calculations, the division of any debts or assets from a marriage are analyzed against various factors. Some of these factors include any prenuptial or post-nuptial agreements involved, income of you and your spouse, education backgrounds, length of absence from the workforce, parental responsibilities, age of both parties, duration of the marriage, and overall health of both parties. Once these mentioned factors, as well as a few others, are determined, then the assets and debts can be distributed amongst you and your spouse. Final determination of the distribution of assets and debts can be reached through arbitration, mediation, negotiation or by the judge if the divorce has reached trial. However, disputes can arise and become a hurdle in your divorce case.

At the Law Offices of Jef Henninger, Esq., our professional New Jersey equitable distribution lawyers will protect your needs and have experience in working through complex distribution cases. Call our law offices any time, even on nights and weekends, at 732-773-2768 to receive a free initial consultation with one of our Union County divorce lawyers.

What can people serving in the military expect when facing a divorce?

New Jersey Military Divorce Attorneys

Unlike a divorce with non-military parties, if you or your spouse is currently serving in the United States military, you can look at differing federal and state laws, as well as a difference in procedures and possibly even the results of your divorce case. For example, a military personnel can file for divorce either where they are currently stationed, the state where the military personnel lives or the state the spouse lives in. If the servicemen or servicewomen are currently overseas on duty, courts may allow them to appear by telephone. The Service-members Civil Relief Act can allow the courts to delay proceedings if the military personnel cannot arrive or be available in court. Another difference can be seen in child and spousal support, as well as custody and parenting time. Pensions and any other military benefits are treated differently than a civilian’s pension or benefits.

Due to all the differences between civilian and military laws, these kinds of divorces can become very complex. It is crucial to retain an experienced New Jersey military divorce lawyer to make sure nothing is overlooked and to explore all possibilities available to you. At the Law Offices of Jef Henninger, Esq., our seasoned, professional NJ divorce with military personnel attorneys will analyze your unique divorce case and fight to protect your rights. Call our Atlantic City divorce lawyers at 732-773-2768 for a free initial consultation.

How long does it take to divorce in New Jersey?

In New Jersey, there is no real time limit to a divorce but it will end at some point even if it doesn’t seem like it.  New Jersey courts are “graded” based upon how fast they move cases.   The cut off mark for a New Jersey divorce case is one year.  Of course, there are plenty of cases that drag on for two years or more.  Thus, I would say the average case takes 9 to 12 months to settle. 

However, in my practice, I prefer to settle cases in 3 to 6 months.  I have settled cases in a matter of weeks, but that is a rare event.  What really eats up a lot of time is the production of discovery.  If both sides keep good records and can exchange all discovery in a few weeks, than most cases can settle within 3 months.   

There is almost never a delay with the court.  I can call up most judges and get into court within a week to put through a settlement.  Courts are happy to move another case off the calendar.  Thus, the length of your divorce case will depend, largely on you and your spouse.  If you want it to move quickly, you can both make sure it will.

Jef Henninger, Esq. is a Monmouth County divorce attorney with offices in Eatontown, Red Bank and Freehold.  If you are ready to divorce different, call the divorce different attorney today to discuss your Monmouth County divorce case.