Law Offices of Lynda L. Hinkle, L.L.C.

Military Divorce and Where Do I File???

Military Housing in Newburgh, New York   by Jeffrey Alan Kerstetter As a servicemember or the spouse of a servicemember, you know all too well the demands of travel and relocation when it comes to serving your Country. You may live in one State today, another next month, and yet another the year after that. So, for legal purposes, where do you actually “reside?” Where is your “domicile?”...

Over 65 and Divorcing? Not So Unusual, Definitely Unique

Issues affecting people over 65 in a divorce can be very different than their younger counterparts.  A careful review of how agreements in divorce affect Social Security or other benefits, pension plans, inheritance issues and one’s estate plan, and how health issues are impacted by divorce is crucial in these divorces.  Divorce rates of people over 50 have doubled in the last ten years. It’s...

Military Divorce Basic Training: 10/10 Rule

The Client is an active serviceman. He sits across the table from his attorney in full uniform. As a discussion of the potential course of his impending divorce develops, eventually the subject of his pension is raised. “I’m not worried” he says to his counsel, “we’ve only been married nine years, so she can’t touch my pension. The ’10/10 Rule’ protects me.” The new Client couldn’t...

Religion and Divorce

  The recent divorce of Tom Cruise and Katie Holmes has people buzzing about the impact of religion on divorce. A lot of people come into our office struggling with issues that erupt from their religious beliefs about divorce and the intersection of their faith with their reason. Whether you are Muslim, Jewish, Christian or any religion, there are certainly considerations to be managed within...

Prenuptial Agreements and the Military

It’s a fact. Divorces in the military reached a new high in 2011.  The strains of military deployment on a marriage are a unique and tragic casualty of war.  Military lawyers do not help you with your divorce;   you need a civilian attorney who understands what you might have to give up, how you can divide your assets in the most advantageous ways, and some of the other specialized issues...

The Dreaded CIS (Case Information Statement)

When you are bringing a matter before the family court, you are usually required to fill out an intrusive, large pile of paperwork called a Case Information Statement (CIS). This is the thing that stalls most of our clients the most in the process of obtaining a divorce, modifying child support, or bringing other financially related matters before the court. New Jersey Court Rule 5:5-2(a) requires...

Seven Steps to Protecting Your Children During Divorce

  Although we are lawyers, not psychologists or social workers, we see children caught in the crossfire of divorce all too often.  Happily, not all of the divorces we see are like that…some of the parents that we have dealt with have worked hard together to create an environment of safety and protection for their children, even when circumstances between them were quite dire. You and your spouse...

Can’t I Do the Divorce on My Own?

DIY (Do It Yourself) can be fun for home improvement, crafts or baking. But doing your own divorce can be rather like building your own house from scratch when the most you have ever done is patch a wall. You’ve seen the signs. You can get a divorce for $399 apparently….they will hand you the paperwork anyway.  Why drop a retainer with an attorney if you can fill the papers out yourself? In...

What You Need to Know About The Divorce Process

The divorce process begins with the filing of a Complaint. The complaint doesn’t go into detail about all the things you want, but asks for general things like “equitable distribution” or “spousal and child support.” The complaint will state “grounds” for the divorce.  Grounds means that the court needs a legal reason to grant a divorce. In New Jersey, the most common grounds are no...

Divorce and Bankruptcy

by Jeffrey Alan Kerstetter   Where there is a divorce, there is often financial duress. And the reality of the matter is that even though two people may very well be in a great hurry to get away from one another by ending their marriage, the prudent move before filing a divorce complaint and retaining separate attorneys will almost always be making one last trip together to speak to a single attorney...