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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.

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.

How are the division of debts and assets calculated?

New Jersey Equitable Distribution Attorneys

Just like with alimony and child support calculations, the division of any debts or assets from a marriage are analyzed against various factors. Some of these factors include any prenuptial or post-nuptial agreements involved, income of you and your spouse, education backgrounds, length of absence from the workforce, parental responsibilities, age of both parties, duration of the marriage, and overall health of both parties. Once these mentioned factors, as well as a few others, are determined, then the assets and debts can be distributed amongst you and your spouse. Final determination of the distribution of assets and debts can be reached through arbitration, mediation, negotiation or by the judge if the divorce has reached trial. However, disputes can arise and become a hurdle in your divorce case.

At the Law Offices of Jef Henninger, Esq., our professional New Jersey equitable distribution lawyers will protect your needs and have experience in working through complex distribution cases. Call our law offices any time, even on nights and weekends, at 732-773-2768 to receive a free initial consultation with one of our Union County divorce lawyers.

Factor in the risks and costs of not settling your case

When you are in settlement discussions, you have a lot of factors to consider.  One of which is the cost of  not settling your case.  As I always tell most of my clients, do not assume the other side with pay your legal bills.  Think about your best case scenario.  What will it cost to get there?  $10,000?  $20,000?  $50,000.  Thus, if you can boil your best case scenario down to a dollar figure, subtract it by what it will cost to get there.   How does that compare to what is on the table?  Once you factor that in, the numbers may get you much closer to a settlement.

Besides the cost of the trial, what is the cost of losing?  Take the same costs that you used above and now subtract that from your worst case scenario.  Looks real ugly huh?  Not only did you lose but it cost you a fortune to get there.  What will it cost you over time to live with those results?  How does that compare to what is on the table? 

Money isn’t everything

Besides money, is a trial really worth the stress and bad blood that it will create?   Is that what you really want out of life?  Would it be better to give up a little and have everything done or would you rather risk a ton of money and incur a lot of stress and time away from the rest of your life be dragging out the litigation?  Take a step back and determine what really makes you happy in life.

Break the log jam by pushing it to the side

A settlement negotiation is often like putting a puzzle together.  You have all of these pieces that have to eventually fit together and when the puzzle is solved, the case is over.  When there are many pieces left to put together, one of them can bog down the entire case.  As a result, nothing gets accomplished and the puzzle is not even close to completion.  In other words, there is a log jam.

The funny thing about log jams is that they are often not the most important issue to the case, at least to a rationale observer.  Instead, they are often one of the most emotional issues in the case and thus, you have a fairly unimportant issue bogging down the case. Of course, there are times when the most major issue is holding up the case.

Regardless of why the log jam exists, it has to be cleared or the case will drag on.  Some puzzle pieces are linked to each other.  In other words, you’ll only give up one piece in exchange for another.  So, in order to break the log jam you first need to figure out what pieces are related to the piece that is causing the jam.  If you cannot separate these pieces, they are also part of the log jam.

Once you have figured out the real problem spots, see what is left on the table.  Push the log jam to the side and work out those issues.  If you can start to agree on the balance of the issues you will both see that the two of you can come to an agreement without going through World War 3.  Hopefully, this will create some momentum so that when the only issues left are the log jam issues, you will re-examine your original position on these tough issues.

While it may not work every time, I have seen time and time again how those tough issues that threatened to derail the whole case became complete non-issues once the parties have pushed it aside for a while only to return to it after having worked through the other issues in the case.  

There are any number of reasons for why this occurs, but one explanation is that the more two people fight about an issue, the more they dig in their heals.  Instead of fighting over an asset in the divorce case, they are actually just fighting each other.  Conceding their position in anyway is a sign that the other party beat them down into submission because they are weak which neither side wants, so the fight continues. 

Pushing the log jam to the side stops the fight and shows both parties that they can work together to come to an agreement.  Now that emotions and nerves are calm, they can re-examine their positions from a rationale posture.

Does your attorney communicate with the other side?

I have a number of cases where I have to practically beg and plead for the other attorney to call me back so we can try to work out the case. However, no matter how many calls I make or faxes I send, I do not receive a response. Why? My guess it that these attorneys know that I am attempting to settle the case with little expense to my client and that they would rather drag it out. There is no real explanation behind it.

In these situations, I often wonder if the attorney’s client knows that this is occurring. I seriously doubt it. Find me a client that demands that their attorney ignore the other attorney in an attempt to prolong the case and waste more money. However, I do have to blame the client though. If you are going through a divorce, you should make sure that your attorney is constantly working towards a resolution. Since almost every case resolves in a settlement, this means that settlement discussions should occur as soon as possible.

Questions to ask your attorney:

-What needs to be done before we can have meaningful settlement discussions?

-Are there any issues we can resolve now or should we try to settle everything at once?

-Has the other side contacted you to resolve any issue or discuss settlement?

-Have you contacted them?

-Have they responded?

-If they are not responding, have you made numerous attempts?

Without asking these questions, it may be impossible for you to know if your attorney is making any attempt to settle the case. Remember that the attorney works for you and this is your case. You should be the one to direct what happens and when.