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How to divorce will impact your insurance and benefits.

New Jersey Benefits Modification Attorneys

If you are thinking about going through a divorce or already have gone through a divorce, you need to keep in mind that your benefits and insurance may be affected. Life insurance, health insurance, pension and other types of benefits are on the table. You may need to either purchase a new insurance plans, may be able to take your ex-spouse off life insurance plans, or various other situations. Your child might be eligible for some health insurance protection as well. As you can see, each divorce case is different, so what may have happened to one couple may not apply necessarily to your situation. The best way to find out is to speak with a knowledgeable New Jersey divorce lawyer to see what legal options are available to you. At the Law Offices of Jef Henninger, Esq., our benefit and insurance modification lawyers look thoroughly at your unique situation and guide you to the best possible result for you and your family. Reach out to one of our highly skilled NJ divorce lawyers with our 24/7 hotline at 732-773-2768 and receive a free initial consultation.

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Should I move out of the house during my divorce?

New Jersey Family Law Attorneys

When going through a divorce in New Jersey, one of the more common situations is one of the parties wanting to move out of the marital home they both share. But is this a good idea? Before you go ahead and start packing your bags, there are a few things one needs to consider before moving out of the marital home. Some of these things are the financial costs to pay for a new home or apartment, if you will be paying for two locations, and even if your children can be transported to their school. Moving out in too much of a haste can also have an impact on your alimony payments, custody of your kids and visitation times to name a few. Due to the implications to both you and your family, it is best to discuss your relocation options with a knowledgeable New Jersey divorce lawyer before any action is taken.

The Law Offices of Jef Henninger, Esq., has multiple offices throughout New Jersey and are available to go over any concerns or questions our clients may have during their divorce case. Our tough, smart divorce attorneys are compassionate to your needs and understand how each divorce is a different, unique situation. Call us today at 732-773-2768 to receive a free initial consultation with one of our Toms River family law attorneys.

Dealing with hidden assets in a New Jersey divorce.

New Jersey Property Division Attorneys

While most of us would like to believe that all involved in a divorce would be honest about their assets and liabilities, that is not always the case. Either during or before a divorce is filed, the other spouse may try to hide these assets so that they are not available for equitable distribution. Sometimes these hidden assets can be a mistake between not knowing what is marital or separate property, but other times it is done deliberately. New Jersey law states that all assets must be disclosed during a divorce case.

If you feel that your spouse is hiding assets, having a tough divorce lawyer on your side is necessary. At the Law Offices of Jef Henninger, Esq., our knowledgeable property division lawyers can assemble a team to investigate and track down any assets that are missing and work with you to achieve full disclosure of all marital property assets. To schedule a free initial consultation with our Ocean County property division lawyers and to see what we can do for your divorce case, call our 24/7 hotline at 732-773-2768.

Thinking about getting divorced in New Jersey?

New Jersey Divorce Attorneys

Coming to terms with having to file for divorce can take its emotional toll on anyone. For this very reason, to make sure your best interests are legally protected, hiring a New Jersey divorce lawyer is highly recommended. A professional New Jersey divorce attorney can guide you through all of your possible legal options, such as negotiating with your spouse or filing a complaint for divorce. Choosing the best procedure that is right for you and your family in moving forward with your divorce is very important. For example, if you are unhappy in your marriage but are not ready to go through a divorce, maybe a legal separation is better suited for your needs. A legal separation in New Jersey will still allow you to create a settlement agreement between you and your spouse which will help delegate responsibilities and rights. Some of those that can be addressed in the settlement agreement can be but are not limited to: child support, parenting time, alimony, child custody, as well as distributing debts and assets between both parties.

A NJ legal separation deals with establishing the personal needs, financial needs and the needs of the children, if applicable, between the couple. This allows the couple to have time to either reconcile their differences or continue forward to the next step, which would be a formal New Jersey divorce.

The best way to handle a divorce or a legal separation in a non-confrontational way is through divorce mediation. An expert NJ divorce mediator will be able to speak of your issues and concerns with your spouse without needing to take it to the courtroom. This allows you and your spouse to negotiate and determine the outcome, rather than leaving all the deciding power to the judge.

Already went through a divorce or a legal separation? Even after the judgment has been passed, there may be some issues that can still be legally overturned or changed. This process is known as a post-judgment. A post-judgment matter can deal with changing visitation times or child custody, re-enacting a court order or even a change in the financial contribution into child support to name a few.

No matter what kind of legality you may be facing or looking to enact, speaking with a law firm that has decades of experience in divorce laws and has been constantly battle-tested in family court is crucial toward protecting your rights and your family’s welfare. At the Law Offices of Jef Henninger, Esq., our New Jersey divorce attorneys are aggressive in the courtroom, but sensitive to your needs. Call our law firm and speak with one of our Ocean County divorce attorneys for a free consultation at 732-773-2768.

The uncontested divorce in New Jersey.

New Jersey Uncontested Divorce Lawyers

While dealing with a divorce in New Jersey may seem an emotional and financial toll on both parties, but both can be lessened dramatically if the divorce is an uncontested divorce. An uncontested divorce is a no fault divorce that can be established if both parties are willing to communicate, be reasonable, and work with each other in determining arrangements and settlements. One of the issues that a couple seeking a no fault divorce will have to reach a fair arrangement for is child custody. Schedules of parenting time, school obligations and activities, work and transportation responsibilities all need to be addressed and planned out for your child’s needs. However, flexibility is a main aspect to keep in mind when dealing with negotiations. As time goes on, schedules change and the needs of the child changes as well. If both parties are understanding of this fact, child custody arrangements should go along smoothly.

Another issue that will be discussed during your uncontested divorce are financial arrangements. Sample financial forms and accounts that you will need to have your New Jersey divorce lawyer analyze are pensions, credit card debt, retirement accounts, mortgages, student loans, vehicles, and stocks and bonds just to name a few. Having a joint marital monthly expense budget is recommended for going forward in calculating the support obligations of the couple. Being honest and communicating clearly all the needs and concerns helps expedite the divorce process.

A New Jersey uncontested divorce attorney can help guide both parties toward a quick and successful resolution. Our professional New Jersey no fault divorce lawyers at the Law Offices of Jef Henninger, Esq., will look over all aspects of your divorce thoroughly and help in the proceedings going forward. Contact our office and speak with a Toms River divorce lawyer with our free initial consultation at 732-773-2768 today!

Your spouse doesn’t have to cooperate in the divorce?

New Jersey Contested Divorce Attorneys

When one files for divorce, sometimes your spouse will not be agreeable when it comes to determining alimony, child support and other responsibilities and assets that will need to be divided amongst both parties. This is known as a New Jersey contested divorce. If you are dealing with a situation like this, having an attorney who is aggressive and tenacious is in your best interest. However, this doesn’t mean that your case has to get expensive. Our divorce attorneys know how to cut through the garbage and streamline the process so that you do not have to choose between keeping costs down and fighting for what is right for you.

At the Law Offices of Jef Henninger, Esq., our tough New Jersey contested divorce lawyers understand that divorce is a highly stressful and emotional experience, and will work with the client throughout their contested divorce process. Our experienced divorce lawyers will fight to get you the results you need. Contact our law firm for a free initial consultation at 732-773-2768 to see what our Freehold divorce attorney can do to help you today!

How are alimony, child support and custody and asset distribution handled in a contested divorce?

New Jersey Contested Divorce Lawyers

A New Jersey contested divorce makes any agreements or settlements seem time-consuming and maybe even impossible. When dealing with child custody, a schedule of parenting time as well as prime custody of the child needs to be establish. This should always be done with the child’s best interest in mind. While the child’s best interest may be viewed differently by each parent, an agreement needs to be reached in order to move forward with the divorce. If the child custody becomes more complex, there may be a need to have a mental health expert evaluate the situation. Alimony, distribution of any assets or liabilities and child support must also be delegated and distributed fairly amongst both parties. Child support must follow under the New Jersey Child Support Guidelines. With the various alimony and child support laws that one would need to consider, having a battle-tested, experienced New Jersey contested divorce lawyer is a good idea.

At the Law Offices of Jef Henninger, Esq., our team of aggressive New Jersey contested divorce attorneys will look at all facets of the contested divorce process and will utilize or vast knowledge in New Jersey divorce law to fight for your needs and protect your rights. If you are looking for top notch legal representation to help you through your divorce, call our law firm today and talk with one of our Bergen County divorce attorneys with our free initial consultation at 732-773-2768.

No Fault Divorce in New Jersey

One of the most confusing aspects of the divorce process for some people in New Jersey has to be the cause of action.  What one side has to prove, whether the other side can contest the divorce and how long the couple needs to be separated for leads many to put off a divorce due to their confusion.

New Jersey is a no-fault state.  A no-fault divorce means that the court will end the marriage based on separation or based on irreconcilable differences. In a no-fault divorce, the law does not require proof that either spouse was responsible for causing the marriage to end.  The bottom line is, if you want to get divorced, all you have to do is ask.  Since you don’t have to actually prove fault, your spouse cannot contest the divorce.

Some states require a period of separation  in order to get divorced via a no-fault cause of action.  Up to a few years ago, New Jersey was one of those states.  The only no-fault cause of action was “separation”.  Today, it is a moot point.  Regardless, the following requirements must be met for separation:

  • You or your spouse must have lived in New Jersey for 12 consecutive months preceding the filing of the divorce complaint.
  • You and your spouse must have lived apart (separate residences) for at least 18 consecutive months before beginning the divorce action.
  • There is no reasonable prospect of reconciliation.

To get around the 18 month rule, many litigants had to stretch, bend and twist the truth and claim extreme cruelty.  This started the case off on the wrong foot as the other side would get upset by these false  allegations.

Thankfully, we now have the irreconcilable differences cause of action in New Jersey.  To file a no-fault divorce complaint based on irreconcilable differences in New Jersey, the following requirements must be met:

  • You or your spouse must have lived in New Jersey for 12 consecutive months preceding the filing of the divorce complaint.
  • You and your spouse must have experienced irreconcilable differences for a period of six months.
  • The irreconcilable differences make it appear that the marriage should be dissolved.
  • There is no reasonable prospect of reconciliation.

As I said before, what the above really means is that if you want to get divorced, you will.  So, not only can you live in the same spouse as your future ex, you can live together after the divorce!

If you are thinking about getting a no fault divorce in New Jersey, call the lawyers that will help you divorce different.  With 10 offices in New Jersey, our divorce lawyers are easy to reach from anywhere in New Jersey.  Our divorce lawyers can also represent you in any New Jersey court.  Call us today to discuss your case.