Blog Archives

Understanding the difference between a divorce and a legal separation.

New Jersey Legal Separation Lawyers

Depending on the circumstances you and your spouse may be facing, a legal separation may be a more suited option than a formal divorce. A legal separation doesn’t require filing a complaint with New Jersey family court and it makes it possible for the couple to reconsider and reconcile their relationship. A legal separation will require an agreement between the couple that will take to divorce related issues, like child support, custody, visitation, etc. This agreement will not be filed with the court, but will still hold both parties accountable toward the agreement. With an professional, New Jersey legal separation attorney, all the intricate details surrounding your legal separation, such as financial assets, visitation and parenting needs, can be spelled out and protected in a legal agreement. Having a battle-tested, tenacious legal separation attorney on your side is critical. At the Law Offices of Jef Henninger, Esq., our team of tough, smart attorneys are compassionate to your needs and are aggressive in family law litigation. Schedule a free initial consultation with one of our Ocean County divorce attorneys anytime at 732-773-2768.

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!

Ocean County Divorce Lawyers helps client avoid paying counsel fees to wife

D.A. Ocean County Divorce Case

In this Ocean County Divorce Case, the wife’s attorney filed a motion to have our client pay $5,000 in counsel fees.  She argued that our divorce lawyers have been dragging out the case and not working on a settlement.  Nothing can be farther than the truth.  Despite the wife not producing discovery prior to ESP, the ESP panelist sided with us.  Our lawyers advised the client to accept the ESP recommendation and he was prepared to do so.  The wife however, was not ready to accept it.  Thus, we fought hard against the motion and called it for what it was: frivolous.  As a result, the motion for counsel fees was denied.

If you need help with your divorce matter, call the team of tough, aggressive Ocean County Divorce Lawyers today to discuss your case.  Our Toms River office is just blocks from the Ocean County Superior Court.