Blog Archives

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.

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!

Tevis Claims in a New Jersey Divorce Complaint

Tevis Claims in new Jersey Divorce Cases

In 1979 the New Jersey Supreme Court decided the case of Janina Tevis v. Michael Tevis.   Janina Tevis divorced her husband Michael, and then sued him for physical abuse that she suffered during the marriage.  A jury believed her testimony and awarded her $35,000 for her injuries.  However, Michael appealed and the Supreme Court overturned the verdict, and took away her award. The New Jersey Supreme Court said she should have brought the action for assault and battery as part of her divorce under the Entire Controversy Doctrine.   Because she waited and filed a separate complaint against her husband after the divorce, she was denied any recovery.  As a result, we now have “Tevis Claims” in New Jersey.

A spouse may seek damages for financial or physical/personal injury or abuse sustained during the marriage (or civil union).  This Tevis claim is filed together with the divorce complaint.  Depending on the case, the court may separate the two actions into two cases for separate trials or it could keep it together.  This means that the divorce case is presented to a judge for a bench trial where the judge makes the decision on all the normal divorce issues. The civil claim for monetary or personal injury is then is tried to a jury. Though they are eventually separated for trial, the claims must be filed together initially so that they are not barred by a legal theory called “Entire Controversy Doctrine” (like what happened with Mrs. Tevis).  The Doctrine applies to many cases and it holds that all claims a person may have against another must be filed in the same complaint.

Clearly, filing a Tevis claim starts the case off on a nasty foot.  Only an experienced New Jersey Divorce Attorney can advise you if this is the right move for your case.  You will have to decide what you really want.  Do you want to end the case quick and for as little money as possible?  Or do you want an all out war that will get expensive?  While many people opt for the quick and cheap route, there are some cases where filing a Tevis claim as part of the divorce complaint may be the right move.  Keep in mind that many Tevis claims are often dropped as part of settlement negotiations.

Essex County Divorce Lawyers