Blog Archives

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.

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.

Modifying your child support obligation in New Jersey.

New Jersey Child Support Modification Lawyers

Modifications to child support can be made, even after a divorce is finalized. The needs of the children involved can change with time, like needs in shelter, schooling, food, and health care to name a few. Because needs can change, New Jersey child support laws permit parents to have modifications made to their child support. The parent can request this modification due to increase in need for the child or a change in income from either you or your ex-spouse. Once a need for child support modification has been established, one can file for the modification with the Superior Court. A judge will then make a decision about the modification and make the appropriate adjustments. This could include an increase or decrease in child support payments or even terminated due to the child being emancipated.

If you are looking to modify a child support order, or wish to fight against a modification of a child support order, the Law Offices of Jef Henninger, Esq., has a team of New Jersey child support modification attorneys ready to defend your rights. Speak with one of our experienced, professional Red Bank child support lawyers with our free initial consultation at 732-773-2768.

Is there anything I can do after my divorce has been finalized?

New Jersey Post Divorce Lawyers

Just because a divorce has reached a settlement and has been finalized, doesn’t mean the terms surrounding it are permanent. Modifications to the divorce agreement can be made, enforcement to the agreement can be utilized and other issues that may have not been addressed in the divorce agreement the first time can be brought back into mediation. Issues regarding child custody and support, alimony, and enforcing those decisions can all be brought to the attention of the court, even after a divorce is finalized. You may also be eligible to change the circumstances of your divorce arrangement if you have received a disability, been fired from your job, or you or your ex-spouse has had either an increase or decrease in income.

Regardless of the situation, the best way to make sure your rights are protected and to see all available legal options you may have, contacting a professional New Jersey post-judgment divorce attorney is in your best interest. At the Law Offices of Jef Henninger, Esq., our decades of experience is used to help protect our client and fight for the best possible result. Talk to one of ourĀ Hudson County divorce attorneys by calling our 24/7 hotline at 732-773-2768 and receive a free initial consultation today!

How to make a change to visitation times or schedules in New Jersey.

New Jersey Visitation Modification Attorneys

Even though a divorce has been finalized, the needs of the members involved may change. This is true in terms of visitation. You or your ex-spouse may need to move out of state for a new job or your visitation hours may need to be increased or decreased due to other circumstances. Regardless of the situation, the needs of the child must be put first. To make a visitation modification, you or your ex-spouse can either create a consent order or file a motion. A consent order is doable if both parties are in mutual agreement of the changes and is an agreement that changes the existing visitation arrangement. This helps keep both parties out of court and makes the changes easy and quick. Filing a motion is sometimes needed if the change or the need for the change is contested, and the situation is brought to court. A substantial change of circumstances must then be proven and demonstrated in court.

Retaining a professional visitation modification lawyer is highly recommended when it comes to changing arrangements in parenting time. Do not let yourself risk losing precious time with your child. The Law Offices of Jef Henninger, Esq., has offices throughout the state of New Jersey, and our team of seasoned parenting time adjustment lawyers will best represent your needs and goals. Contact our law office and speak with one of our Jersey City divorce lawyers today with our free initial consultation at 732-773-2768.

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 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!