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Divorce Isn't Easy, But
We Make the Process Simple.
There is no shame in needing a divorce or being involved in a family dispute. We are here to help you figure out the best way to solve it and face the future with confidence.
EXPERIENCED NEW JERSEY DIVORCE & FAMILY LAW ATTORNEYS
20+
YEARS' EXPERIENCE
5,000+
CASES & CLIENTS SERVED
Super Lawyer
AWARD WINNER FOR 7 CONSECUTIVE YEARS
For more than a decade, the Law Office of Jennifer J. McCaskill, LLC has been helping people in New Jersey through their toughest family law challenges.
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157 Broad St Ste. 111
Red Bank, NJ 07701
COMPASSIONATE
Why Choose The Law Office of Jennifer J. McCaskill
ATTORNEY AT LAW
Ms. McCaskill's practice has been devoted exclusively to family law since her graduation from law school in 2002. A former Northern Virginia and Washington, D.C. attorney, Jennifer relocated her practice to New Jersey in 2006. In addition to litigation, Jennifer is trained as a family law mediator and serves as a panelist for the Early Settlement Program, Matrimonial Division, in Monmouth County. She is a member of the NJSBA and the Monmouth County Bar Association, Family Law Section. Jennifer graduated from Gettysburg College with a Bachelor of Arts degree and earned her J.D. cum laude from Catholic University of America, Columbus School of Law, in Washington, D.C.
EDUCATION
Catholic University of America, Columbus School of Law, Washington, District of Columbia
- J.D.
- Honors: cum laude
Meet Jennifer J. McCaskill
HONEST & DIRECT
DIVORCE LITIGATION
At your side, working closely with you from our first meeting until the conclusion
FAMILY MEDIATION
Trained and experienced mediation professionals to help you avoid the cost and turmoil of trial
Family Law Services
HONEST & DIRECT
PROTECTIVE
CUSTODY
With a knowledgeable lawyer on your side, you can achieve a workable child custody arrangement.
Our Glowing Reviews
For more than a decade, the Law Office of Jennifer J. McCaskill, LLC has been helping people in New Jersey through their toughest family law challenges.
I chose Jennifer as my attorney after I was served with divorce papers. Jennifer immediately took away much of the anxiety that comes with this process. Her explanations of the law and predicted outcome were spot-on through the entire ordeal. I have and will continue to recommend Jennifer.
GREG
I cannot honestly say enough positive things about Jenn, when you are a mom, going thru a divorce, you are only thinking about your kids. If Jenn had not been there thinking about me and my future and how it related to my taking care of my children, I would be in a horrible place. Not only was Jenn an amazing lawyer and fought for me - for us- like a shark, but she was an incredible person, who always listened, and always got back to me, never left me feeling alone. I am where I am today, because of her. My kids are fine and happy, just like she said they would be. I recommend Jennifer to everyone.
LISA
After 3 attorneys. Many months of torture and expense, Jennifer was the ONLY Attorney that could get the job done! Jennifer is compassionate! She immediately made me feel protected, and explained every step we took together. She is aggressive and tough as nails when it is warranted. Divorce and post divorce issues are hard enough. When you truly need a Bad ass Attorney look no further!!
KATHRYN
I knew from the first day I spoke with Jenn on the phone that I was in the right hands. She immediately made me feel that everything was going to be ok. I as many people was in total turmoil going through a divorce. Jenn gave me a direction and her confidence and compassion as well as her strong personality kept me positive throughout this very trying ordeal. I remember the day I met her she said, " You may not think this now but you are going to be a much stronger confident person in the end of this tough journey." You know what, Jenn was spot on ... Thank you for all you did and for holding my hand and helping me become the strong woman I am today.
LAURA
I went to Jennifer with my brother since he was going through a difficult divorce and his head was not in it. I met with Jennifer and had many conversations ( probably where she had to repeat things she said to my brother) and she was always very accommodating and understanding. She was also very truthful with us, which not only saved us unnecessary fees but saved my brother heartache. She resolved problems instead of creating them and used her experience to help us legally and personally in understanding the law. I am writing because we recently used Jennifer again and she surpassed her professionalism and compassion from last time. She helped my brother like nobody else would. I fully recommend her as a lawyer and more importantly as a compassionate moral person. I can't say enough about our experience. Once you meet her you will see the difference between her and other lawyers.
STEVEN
Do You Need Legal Support With a Family Matter?
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During your free case evaluation, a client intake specialist will help you to understand your legal options and determine how we can support you with your case.
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Call: 732-335-7809
THE DIVORCE PROCESS
Getting a Divorce
If you’re ready to file for divorce or have recently been served divorce papers, our experienced divorce attorney Jennifer McCaskill is ready to get you the best possible outcome.
At the start of your consultation, you will tell our attorney if you and your spouse both agree on the divorce or if only one of you wants to divorce, how long you have been married, if you have children, and if you own property, retirement accounts, 401ks, stock options, Roth IRAs, or joint accounts. We will also discussif you or your spouse will be requesting spousal support.
At the start of your consultation, you will tell our attorney if you and your spouse both agree on the divorce or if only one of you wants to divorce, how long you have been married, if you have children, and if you own property, retirement accounts, 401ks, stock options, Roth IRAs, or joint accounts. We will also discussif you or your spouse will be requesting spousal support.
Strategic Divorce Action Plan
Next, we will develop a strategic plan that fits your needs after you have spoken to our attorney about the issues and challenges you are facing. We will help you avoid errors and analyze your case to identify any legal obstacles that might be standing in the way of your divorce.
Our main goal is to create the shortest and most cost-effective route to a preferential outcome that protects your assets and family.
Our main goal is to create the shortest and most cost-effective route to a preferential outcome that protects your assets and family.
Frequently Asked Questions
Oftentimes, when people come into our office one spouse is cheating, and the person is very upset, understandably so, and they say, “well, my spouse is cheating, so I want more money. I want to take my spouse to the cleaners.” I then give them the unfortunate news that, in most cases, adultery doesn't matter legally. It does not affect the economics or the division of the property. But, there are very limited exceptions. If, on the rare occasion where somebody's cheating and they have put up their secret girlfriend in an apartment, and they bought her a car, and they gave her a credit card, if it affects the economics of the marriage, then yes, adultery can affect the division of the property or the division of the money. But those instances are very, very rare. Normally, 9 times out of 10, adultery does not matter to the Court. That's not to diminish the pain and the devastation that adultery causes, but as far as your divorce goes, adultery really doesn't matter.
Does Adultery Matter?
We get calls every week from people who want information about Mediation. One of the first questions they always ask is, “should I mediate? Should I go to mediation?” Our answer is always, “well, it depends.” You're a good mediation candidate if both of you are on the same page emotionally. So, we ask those kind of questions: “Do both of you want a divorce? Are both of you ready to compromise? Do you have a lot to divide up? Depending on your answers, depends on our advice on whether you're a good candidate for mediation. But, if both of you are on the same page emotionally, both of you agree that it's time to get divorced, and both of you are ready to compromise on the financials and parenting time, and have the very difficult discussions that you must have to resolve your case, then yes, mediation is actually a good option for you.
Should I Mediate?
A frequent question that we get is, “Am I entitled to alimony?” or “Am I going to have to pay alimony?” Honestly, the answer depends. If you've got a spouse that has been home for 20 years raising the children while you've gone out, and you've worked and you've been supporting the household all these years, then yes, you are probably going to owe the spouse that has stayed home all of those years, alimony. There are two prongs to alimony. There's how much is paid. And the second prong is, for how long do I have to pay it? The shorter the time that you're married, the shorter the amount of time that you're going to pay. The bigger the disparity between the incomes between the spouses, the more alimony you're going to pay. The lower the disparity, the less you're going to pay. Normally, there is some level of alimony in a case. But again, the issue is how much, for how long and that depends on your particular financial circumstances.
Will I Pay or Get Alimony?
People throw around the term, “I'm going to file for divorce.” Often, people have no idea what that actually means. What that means, is when you file for divorce, you're filing a lawsuit. You are suing your spouse for divorce in Family Court. Another question we get is, “Does it matter who files first?” The answer is, “no”. Emotionally, it usually matters to people who files first. “Well, I didn't want this divorce, my spouse wants it so, my spouse has to be the one to do the filing.” But legally, it doesn't matter who files first.
What Does It Mean to File For Divorce?
One of the frequent questions that we get is “Why does my spouse get part of my retirement?” “Why does my spouse get part of my pension, part of my 401(k), when 1 was the one that went and worked to earn that retirement, why does my spouse get any of it?” Well, the answer is because it's an “asset”. It's an “asset” that was accumulated during your marriage. It doesn't mean that your spouse is automatically going to get half of your retirement, but your spouse is going to get half of what was accumulated during your marriage. When we say during your marriage, we mean from the date that you were married until the date that somebody files for divorce. So, whatever was accumulated between those two bookend dates is, "marital property," and it's subject to the division between the two of you. So, while somebody may feel like, "Oh, well, I did all the work, she shouldn't be entitled to any of my retirement." The answer is, too bad your spouse gets a piece of it.
Why Does My Spouse Get Part of My Retirement?
New Jersey is one of the few states in the country that actually requires people who are divorced to contribute to the college education of their children. The caveat is that before either parent has an obligation to contribute to college, the child has to apply for all financial aid, loans, and scholarships. Then, whatever is left over normally gets apportioned between the parties based on their incomes. Sometimes the college contribution is a lot. Sometimes it's not that much. It actually depends on the circumstances of your particular case.
Divorce and College
From the date you file your complaint for divorce, it's usually another 10 to 12 months, on average, before you're actually divorced. Once you file for divorce, there's only one of two ways you can get divorced. You can either have a trial and have the judge decide who gets what, where the kids are on the holidays, how much is alimony and how much is child support. Or, the other way, is you enter into what's called a Settlement Agreement. A Settlement Agreement is a 25-page contract that resolves all of your issues. It says, this is what alimony is. This is what child support is. This is what the parenting time schedule is. This is what happens with the retirement accounts. The settlement agreement resolves all of your issues. Emotionally, it takes people 10 to 12 months before they're ready to come to the table and really ready to compromise and make the very difficult compromises in order to resolve their matter and be able to get divorced. Does it get done sooner? It can. But the more people fight, the longer it takes. The less people fight, and the more people are ready to compromise, the shorter amount of time that it takes. In the world of divorce, six months is lightning speed.
How long does it take to get Divorced?
New Jersey is one of the few states in the country that actually requires people who are divorced to contribute to the college education of their children. The caveat is that before either parent has an obligation to contribute to college, the child has to apply for all financial aid, loans, and scholarships. Then, whatever is left over normally gets apportioned between the parties based on their incomes. Sometimes the college contribution is a lot. Sometimes it's not that much. It actually depends on the circumstances of your particular case.
Issues that arise after divorce (Post Judgement Issues)
During your free case evaluation, a client intake specialist will help you to understand your legal options and determine how we can support you with your case.
Request A Free Case Evaluation
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