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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!

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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.

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.