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Ocean County, NJ
1160 Beacon Avenue
PO Box 696
Manahawkin, NJ 08050
phone: 609-597-9261
fax: 609-597-1536
Email: Our Contact Form
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Frequently Asked Questions
Q: What are your hours?
A: We are open from 9:00 am through 5:00 pm Mondays through Fridays. Evening appointments are also available upon request.
Family Law:
Q: How long does it take to get Divorced?
A: The answer depends on the individual situation. Parties can get Divorced within thirty (30) days of reaching a written Agreement as to all issues. The unknown variable is how long it takes to reach an Agreement.
Q: Do I have to share my Pension in a Divorce?
A: A Pension is considered to be an asset subject to division in a Divorce if it was earned during the marriage.
Q: Will my spouse have to keep the children covered on the Health Insurance Plan we have now?
A: While the Divorce is pending, the Court will require that whatever insurance is in existence at the time, be maintained during the Divorce proceeding. Once the Divorce is finalized, the spouse who has the health insurance coverage in effect will need to maintain the health insurance for the children until such time as the children are emancipated. The uncovered health insurance benefits will be divided between the parties based upon the respective income of the parties after the first $250.00 per child, which is the responsibility of the parent who has physical custody of the children.
Q: Will my spouse have to keep me covered on the Health Insurance Plan we have now?
A: While the Divorce is pending, the Court will require that whatever insurance is in existence at the time, be maintained during the Divorce proceeding. Once the Divorce is finalized, you will need to obtain your own health insurance plan or continue the existing plan under COBRA if COBRA is available.
Bankruptcy Questions:
Q: What is the difference between a Chapter 7 and a Chapter 13 Bankruptcy Petition?
A: A Chapter 7 is an absolute discharge of all qualified debts giving the Petitioner a fresh start. A Chapter 13 Petition is a Reorganization of your debts which means that the Trustee in Bankruptcy reviews all of your qualified debts, evaluates your available income and you submit a plan for the payment of your debts.
Q: Can I keep my house if I file a Chapter 7 Petition?
A: You can keep your home in the event the mortgage is current and the amount of equity that you have in the home is less than the permitted exemption.
Q: Can I keep my house if I file a Chapter 13 Petition?
A: Yes, provided that you can bring all of your arrears in the mortgage current under your proposed Plan in 36 to 60 months.
Q: Can I discharge my Student Loans in a Bankruptcy?
A: No. Student Loans cannot be discharged in any Bankruptcy.
Q: Can I discharge Insurance Surcharges?
A: Yes. Under current Bankruptcy law, insurance surcharges can be discharged. Court fines, however, are not.
Estate Planning
Q: What is a Durable Power of Attorney?
A: This is a form that permits someone else to take care of your financial affairs in the event you are not able to do so. This form can also provide for another to make Medical Decisions on your behalf in the event you are not able to speak for yourself.
Q: What is a Living Will?
A: This is a form which makes clear to your Doctors what your wishes are in the event you are terminally ill and are not able to speak for yourself. This document appoints another individual to make these "end of life" decisions in consultation with your Doctors.
Q: What is a Last Will and Testament?
A: This is a form which directs what you want to happen to all of the things that you own at the time of your death. In addition, this form can also name a Guardian for your minor children in the event of your untimely passing. This document is a useful tool to avoid or minimize Estate Taxes.
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