Wolfenson & Ashkenazi, P.C.Union NJ Bankruptcy & Family Law Attorney | Wolfenson & Ashkenazi, P.C.2026-06-08T14:48:31Zhttps://www.wolfensonlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1304418/2026/02/cropped-wolfensen-site-icon-32x32.pngOn Behalf of Wolfenson & Ashkenazi, P.C.<![CDATA[How does divorce affect health insurance coverage in New Jersey?]]>https://www.wolfensonlaw.com/?p=498612026-01-20T14:20:56Z2026-01-20T14:20:56ZDivorce often brings financial and lifestyle changes, and health insurance ranks high on the list of concerns. If you rely on your spouse’s coverage, you may worry about gaps or unexpected costs. New Jersey law offers clear rules, but you need to understand how they apply to you.
Coverage during the divorce process
While your divorce remains pending, you usually stay on your spouse’s employer-sponsored health plan. Courts often issue automatic orders that prevent either spouse from dropping coverage during this time. This protection helps you and your children avoid sudden loss of medical benefits. You should still review plan details to confirm deductibles, networks, and ongoing premiums.
Health insurance after the divorce becomes final
Once the court enters a final judgment of divorce, spousal coverage typically ends. At that point, you must secure your own insurance. Many people choose COBRA continuation coverage, which lets you stay on the same plan for a limited time, though premiums increase. Others explore plans through the Health Insurance Marketplace or an employer’s open enrollment period.
Coverage options for children
Children often remain covered under one parent’s health insurance plan after divorce. New Jersey courts usually require one or both parents to maintain coverage if it remains available at a reasonable cost. Child support orders often address who pays premiums and how parents share uncovered medical expenses. Clear terms help reduce disputes and keep care consistent.
Planning for costs and deadlines
Health insurance decisions involve strict timelines. COBRA election windows and marketplace enrollment periods can close quickly. You should also plan for higher monthly premiums and out-of-pocket expenses when budgeting after divorce. Early preparation helps you avoid coverage gaps and surprise medical bills.Understanding how divorce affects health insurance helps you make informed choices for yourself and your family. When you plan ahead, you protect access to care and reduce stress during an already challenging time. Staying organized and proactive keeps your health coverage steady as your life changes.]]>On Behalf of Wolfenson & Ashkenazi, P.C.<![CDATA[How do easements work under New Jersey property law?]]>https://www.wolfensonlaw.com/?p=498582026-01-06T16:36:23Z2026-01-06T16:36:23ZAn easement gives someone the legal right to use part of a property they do not own. In New Jersey, easements often come up with shared driveways, utility access, and neighboring land use. If you own property or plan to buy, understanding how easements work can help you avoid disputes and surprises.
What is an easement and why it matters
An easement allows limited use of land for a specific purpose. The property owner keeps ownership but must allow the use described in the easement. Common examples include access roads, drainage paths, and utility lines. These rights stay with the land and can affect how you use or improve your property.
Common types of easements in New Jersey
New Jersey recognizes several types of easements. Express easements appear in written agreements or deeds. Implied easements arise from how land was previously used, even without written language. Prescriptive easements can form when someone uses land openly and continuously for a set period without permission.
How easements get created and recorded
Most easements begin through a written agreement between property owners. The agreement usually appears in the property deed and gets recorded with the county clerk. Recording matters because it gives notice to future buyers. Without proper recording, disputes can arise during a sale or title review.
How easements affect property owners
An easement can limit where you build fences, garages, or additions. You may need to allow access for repairs or maintenance. At the same time, an easement can benefit you if it provides access your property would otherwise lack. Understanding the scope of the easement helps you plan improvements with fewer conflicts.
Resolving easement disputes
Disagreements often involve overuse, blocked access, or unclear boundaries. Courts look closely at the easement language and past use of the property. Clear documentation and surveys play a big role in resolving these issues. Addressing problems early can reduce stress and long-term costs.Before a transaction, review the deed and title report for any easements. Ask how the easement affects daily use and future plans. Knowing these details upfront helps you make informed decisions and avoid problems after closing.]]>On Behalf of Wolfenson & Ashkenazi, P.C.<![CDATA[How does filing for bankruptcy affect cosigned student loans in NJ?]]>https://www.wolfensonlaw.com/?p=498572025-12-22T15:25:16Z2025-12-22T15:25:16ZFiling for bankruptcy raises a lot of questions about shared debt. If you have student loans with a cosigner, you may wonder how your decision affects someone else. In New Jersey, the outcome depends on the type of loan and the bankruptcy chapter you choose.
Why cosigned student loans work differently
Most student loans receive special treatment under bankruptcy law. Federal and many private student loans do not qualify for discharge unless strict conditions apply. Because of that rule, the loan usually survives the case, even after other debts go away.When a loan survives, the lender can still seek payment. That right applies to the borrower and the cosigner. If you stop paying, the lender may contact your cosigner for the full balance.
What Chapter 7 means for your cosigner
Chapter 7 moves fast and clears many unsecured debts. Student loans usually remain after the discharge, which leaves the cosigned loan intact. Your cosigner stays legally responsible for payments.Once the case ends, collection activity may resume. That activity can include billing statements or collection calls directed at your cosigner. The filing itself does not shield them from that pressure.
How Chapter 13 offers limited protection
Chapter 13 works through a court-approved repayment plan. During the plan, the automatic stay often pauses collection activity. In some cases, that pause can delay collection efforts against a cosigner while the plan stays active.The plan may include student loan payments, but it often does not pay the full balance. Interest may continue to grow during the case. After the plan ends, any remaining balance still exists.
Steps you can take to reduce cosigner risk
You can list the full loan accurately in your schedules. That step ensures clear notice to the lender and trustee. You can also stay current on required plan payments if you file Chapter 13.Clear communication with your cosigner also helps. They should understand how long the case lasts and what payments may still come due. Planning ahead can reduce surprises and financial strain.Bankruptcy can bring relief, but it does not erase every obligation tied to student loans. Cosigned debt often follows both parties after the case closes. Knowing that outcome helps you weigh your options and make informed choices.]]>On Behalf of Wolfenson & Ashkenazi, P.C.<![CDATA[Will sexual orientation deny people the right to adopt?]]>https://www.wolfensonlaw.com/?p=498562025-12-15T08:16:01Z2025-12-15T08:13:40ZThe journey to welcome a child into your family through adoption is paved with hope, paperwork and sometimes, worry. If you are part of the LGBTQ+ community, you may rightfully be wondering if your loving home meets the legal definition of "suitable" in every state. Your dedication to providing a nurturing environment is what truly matters, but does the law agree?
The primary focus
Courts and adoption agencies always operate under one guiding principle: the "best interests of the child" standard. This standard requires courts to look solely at what creates a stable, loving and supportive environment for the child. A wealth of social science research shows that a parent's sexual orientation does not affect a child's well-being, adjustment or development.New Jersey stands out in LGBTQ+ adoption rights history. It became the first state to clearly rule that your sexual orientation cannot block your right to adopt. This important decision helped create fairness in family courts across the country.
Learn about nondiscrimination laws: Take time to read up on the state's anti-discrimination rules. The Garden State specifically prohibits adoption agencies from rejecting your application based on sexual orientation.
Research adoption agencies: Look for agencies that openly welcome LGBTQ+ families. Make sure to ask about their past placements with same-sex couples or single LGBTQ+ parents.
Prepare your home study documentation: When preparing your home study documents, highlight your stable income, savings plan for the child's future and your genuine desire to parent.
Document all interactions: Write down dates, names and exact comments from all your meetings and phone calls. If someone makes a questionable remark about your family structure, note it immediately.
Though the law mostly protects you, you may still encounter complications during the adoption process. For example, certain faith-based organizations might claim religious exemptions that allow them to prioritize specific family structures. During your home study, you could face staff members who ask more personal questions about your relationship or lifestyle than they would ask heterosexual couples.Securing legal guidance can help you assert your rights and counter any potential bias you may confront. That level of protection is extremely valuable throughout every stage of your adoption journey, from the initial application to the final court decree.]]>On Behalf of Wolfenson & Ashkenazi, P.C.<![CDATA[How does lease-to-own real estate work under New Jersey law?]]>https://www.wolfensonlaw.com/?p=498552025-12-08T14:49:57Z2025-12-08T14:49:57ZA lease-to-own structure helps you secure a future purchase while you improve your financial position. This hybrid arrangement combines a residential lease with a purchase option, but it depends heavily on contract terms rather than strict statutory rules.
How a lease-to-own agreement functions
A lease-to-own deal usually includes a lease and a separate option contract. The lease governs occupancy, while the option gives you the right—but not the obligation—to buy the property at a set price within a defined period. You often pay an upfront option fee, and the agreement may include rent credits that reduce the eventual purchase price. These financial terms appear in writing so you understand each responsibility.
Key provisions that shape your rights
Most option contracts lock in the purchase price at signing, which shields you from market changes. The option period sets a firm deadline for your decision to buy. The agreement may also assign maintenance, repair, or inspection duties that differ from a standard lease. Because these deals rely on contract language, you want clear terms that limit room for dispute.
Common risks and how you reduce exposure
You may lose your option fee if you do not exercise the option or fail to meet a deadline. Some agreements shift repair or upkeep duties to you, which increases your financial exposure during the lease term. You reduce risk when you review each clause, check the property's condition early, and confirm that no obligation exceeds your budget.
Steps that position you for a successful purchase
During the lease period, you strengthen credit, organize financial records, and follow a savings plan. An early inspection helps you understand the property's condition. You also evaluate financing options before the option period expires so you can act without delay.A lease-to-own structure offers flexibility but requires focus on detail. You gain a chance to pursue homeownership while living in the property, and you make smarter choices when you understand each contractual term. With careful review and steady preparation, you place yourself in a solid position when you decide whether to buy.]]>On Behalf of Wolfenson & Ashkenazi, P.C.<![CDATA[How does New Jersey treat cash-on-hand during a Chapter 7 filing?]]>https://www.wolfensonlaw.com/?p=498542025-11-20T17:23:02Z2025-11-20T17:23:02ZWhen you consider filing for Chapter 7 bankruptcy, you may wonder how the process treats the money you hold. Cash feels different from other assets because you can use it immediately, and the trustee evaluates it closely. Understanding how New Jersey handles cash helps you approach your filing with more clarity.
What counts as cash-on-hand?
Cash-on-hand includes physical money you keep at home and the funds in your bank accounts on the day you file. The law treats this amount as part of your bankruptcy estate, and the trustee examines it along with your other assets. Because the value comes from a single moment in time, you benefit from knowing your exact balance when you file. This awareness helps you understand what remains protected and what may be exposed.
How do exemptions apply to your cash?
New Jersey allows you to choose between state exemptions and federal exemptions. Most filers select the federal system because it includes a wildcard exemption that you may apply to cash or other property. This framework gives you flexibility to protect money needed for daily expenses. You strengthen your position when you compare both exemption systems before deciding which to use.
Why does timing matter before your filing?
Your filing date determines how much cash the trustee sees, so timing influences the outcome. Paying essential bills and routine expenses beforehand helps your accounts reflect only what you need. This step aligns your balances with exemption limits while keeping your spending reasonable and documented. When you manage timing carefully, you reduce the chance of disputes about how you handled your money.
How should you prepare your finances?
Preparation begins with reviewing statements, recent deposits, and withdrawals. You gain a clearer picture of how your cash fits within the exemption rules and whether adjustments make sense. Thoughtful organization supports a smoother process and reduces the risk of unexpected findings during the trustee’s review. You position yourself to retain more of what the law allows.When you understand how New Jersey treats cash-on-hand in Chapter 7, you make decisions with greater confidence. You protect eligible funds, anticipate the trustee’s review, and approach the process with a more informed perspective. Careful planning places you on firmer financial ground as you work toward a more stable future.]]>On Behalf of Wolfenson & Ashkenazi, P.C.<![CDATA[Can a prenuptial agreement speed up your divorce in New Jersey?]]>https://www.wolfensonlaw.com/?p=498512025-11-06T15:29:16Z2025-11-06T15:29:16ZWhen couples decide to end their marriage, the process can feel long and emotionally draining. Many people wonder whether a prenuptial agreement can make things go faster. In New Jersey, having a well-written prenup can reduce conflict and simplify divorce proceedings, but it does not guarantee a quick outcome.
How a prenup helps simplify divorce
A prenuptial agreement spells out how assets, debts, and sometimes spousal support will be handled if the marriage ends. When these terms are already agreed upon, you and your spouse can avoid lengthy arguments about property division. This can lead to a smoother, more predictable process. Without a prenup, couples often spend months negotiating or waiting for a judge to decide how to divide property and money.
When a prenup may not speed things up
A prenup only helps if it is valid and enforceable. In New Jersey, both spouses must have entered the agreement voluntarily and with full financial disclosure. If one person challenges the prenup, claiming it was unfair or signed under pressure, the court must review its fairness and legality. That review can slow the process and, in some cases, make the prenup unusable. Even with a prenup, issues like child custody and support are separate matters that still require court approval.
What makes a prenup effective in New Jersey
For a prenup to hold up in court, it must meet state requirements. Each party should have had time to review it and the chance to seek independent legal advice before signing. The agreement should also reflect both spouses' current financial situations. Clear, balanced terms make it more likely the court will accept it without challenge, helping keep your divorce on track.
Why a prenup offers peace of mind
Even if it doesn’t make every divorce faster, a prenup provides clarity. It can ease financial uncertainty and prevent future disputes. Knowing that property division has already been settled allows both parties to focus on other important matters, such as rebuilding stability after the divorce.]]>On Behalf of Wolfenson & Ashkenazi, P.C.<![CDATA[Can you share property ownership without problems?]]>https://www.wolfensonlaw.com/?p=498502025-10-30T15:46:05Z2025-10-30T15:46:05ZOwning property with a friend or family member can seem like a smart move. You can split the costs of buying, maintaining and improving a home. But shared ownership often becomes complicated when one person wants to sell, stops paying or disagrees about how to use the property.
How co-ownership works in New Jersey
In New Jersey, two or more people can own property together in a few ways. The most common are tenancy in common and joint tenancy. Tenancy in common means each person owns a separate share that they can sell or pass on through a will. Joint tenancy gives both owners equal rights to the entire property and upon the death of one, the other automatically becomes the complete owner.These rules matter if one person wants to leave the partnership or if a partner passes away. Without a clear agreement, dividing the property fairly can be hard.
Avoiding conflicts before they start
Co-owners should put everything in writing before buying property. A written agreement should outline each person's share, payment duties and what happens if someone wants to sell or stop contributing. This step helps prevent disputes later.
Plan ahead for peace of mind
Co-owning property in New Jersey works best when everyone understands their rights and responsibilities. Clear terms and honest talks early on save time, money and friendships in the long run.]]>On Behalf of Wolfenson & Ashkenazi, P.C.<![CDATA[Can you keep your tax refund when you file Chapter 7 bankruptcy?]]>https://www.wolfensonlaw.com/?p=498462025-10-15T10:44:03Z2025-10-15T10:44:03ZWhy your tax refund matters in bankruptcy
Your tax refund is treated as an asset, just like your vehicle or bank account. The refund amount for the tax year before you file Chapter 7 bankruptcy is considered property that belongs to your estate, even if you have not yet received it. If you filed early in the year and before you receive your refund, the trustee can claim the portion earned before your filing date. The terms that give weight to this is, “when the income that generated the refund was earned and not when you receive the funds”.
How New Jersey exemptions can protect your refund
There are some bankruptcy exemptions that can protect certain assets or property from liquidation. New Jersey has not opted out of the federal system, meaning filers have the option to choose between New Jersey state exemptions or federal exemptions. Under the federal system, you may use:
The “wildcard” exemption: This is a versatile protection mostly used to shield cash or a tax refund in Chapter 7 bankruptcy. It combines a fixed dollar amount with any unused portion of the federal homestead exemption. For cases filed on or after April 1, 2025 are adjusted to $1,675 plus as much as $15,800 of unused homestead exemption value.
Earned Income Tax Credit (EITC) or Child Tax Credit (CTC) exemptions: A portion of your refund from EITC or CTC may be exempted, but only if they are necessary for the support of you and your family.
Post-filing income: Any portion of your post-filing income refund that is generated after filing for bankruptcy should not be part of the bankruptcy estate.
If your total tax refund is based largely on your credits or is modest, there is a chance to have it fully exempted.
Your timing can make a difference
Your filing date can determine whether you keep your refund or not. Consider these timing scenarios:
Before filing: Wait to receive your refund and use the funds for necessary living expenses (like food, rent, or medical care) because money spent on necessary items is no longer considered an asset of the bankruptcy estate. Avoid converting the cash into new, non-exempt assets.
After filing: Expect the trustee to claim any portion of the refund earned before filing. All the income earned after filing is generally yours to keep.
During the process of filing: Provide tax returns if requested so the trustee can determine what portion, if any, must be turned over.
These timing strategies, if executed carefully and with the right legal guidance, can help you retain more of your tax refund.
Mistakes to avoid to protect your funds
To protect your tax refund during Chapter 7 bankruptcy, avoid anything that could raise suspicions and red flags for the trustee. Do not spend your refund money on luxury items or gifts before filing, repay family or friends and hide necessary information from your bankruptcy paperwork. Being transparent and providing the proper documentation are important. Failing to disclose your refund can lead to case dismissal or fraud allegations.
Plan ahead before filing your tax refund
Your tax refund is a valuable asset, but it does not always have to be surrendered. Strategic timing and the proper use of exemptions can often help keep it while you get a fresh start under Chapter 7.]]>On Behalf of Wolfenson & Ashkenazi, P.C.<![CDATA[How parents can handle holiday custody schedules after a divorce]]>https://www.wolfensonlaw.com/?p=498382025-10-09T14:41:04Z2025-10-09T14:41:04ZHolidays can be especially emotional for families after a divorce. Deciding how to share time with your children during these special days takes planning and cooperation. With the right approach, both parents can help their children feel secure and enjoy the holidays without added stress.
Start by focusing on your child’s needs
The first step in building a fair holiday schedule is keeping your child’s happiness at the center. Think about their traditions, relationships, and comfort level with transitions between homes. Children often do best when they know what to expect, so aim for consistency from year to year. Keeping a predictable pattern helps reduce tension and avoids last-minute disputes.
Create a detailed, written plan
A written holiday schedule helps both parents stay on the same page. It should list specific dates, pick-up and drop-off times, and which parent will have the child on each holiday. Many families alternate major holidays every other year, while others split each holiday so both parents can celebrate. For example, one parent might have Thanksgiving in odd years and Christmas in even years. Clarity reduces confusion and prevents conflict.
Stay flexible when possible
Even with a detailed parenting plan, flexibility is key. Life changes, and sometimes special events or travel plans come up. If one parent wants to adjust the schedule, being willing to swap days or trade holidays can maintain goodwill. Open communication and cooperation show children that both parents can work together peacefully.
Revisit and adjust the schedule as kids grow
As children get older, their needs and interests change. A holiday plan that worked when they were small may not fit once they have school events, jobs, or social activities. Parents should review their schedule every couple of years and make updates as needed. Adjusting the plan together reinforces teamwork and keeps the focus on the child’s well-being.
Keeping the holidays enjoyable for everyone
Divorced parents who plan ahead, communicate clearly, and stay flexible can create smooth and joyful holidays for their children. A fair and thoughtful schedule allows everyone to celebrate traditions and build new memories together.]]>