Does New Jersey require a legal separation period?

New Jersey does not have a formal legal separation process. Couples have the option to proceed to filing for divorce without a formal separation period. New Jersey residents can execute a private separation agreement that acts as a contract to separate.

Are New Jersey divorces complicated?

Not necessarily. Divorces do not need to be drawn out or complicated. In instances where there are no children and the assets and debt are not in dispute, they can be settled in a relatively short amount of time. A family law attorney will help you through the divorce process.

Mediation is often used to resolve problems arising from divorce, custody, and support. Family issues can be identified with a view to joint solutions. This cost-effective approach to dispute resolution enables the parties to retain control over the outcome to a much greater degree than when they are mandated to accept the decision of a judge.

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Over 50 Years of Trusted Divorce Representation

New Jersey Divorce Lawyers Protecting What Matters Most

Over 50 Years of Trusted Divorce Representation

New Jersey Divorce Lawyers Protecting What Matters Most

Our Divorce Law Practice Areas

Our Results for New Jersey Families

Our firm has successfully handled a wide range of complex family law matters, providing compassionate legal support to deliver meaningful results for our clients.

Clients call us to resolve high-conflict divorce and custody disputes, protect their parental rights in relocation and visitation cases, and negotiate favorable outcomes in spousal and child support matters.

Cosner Law Group also brings proven experience navigating intricate property division issues involving businesses, real estate, and retirement accounts. Our attorneys draft and enforce prenuptial and postnuptial agreements, ensuring our clients’ interests are safeguarded.

No matter how complex the family dynamics or legal challenges, we are committed to achieving just and practical outcomes.

Comprehensive Alimony and Retirement Asset Division

Structured a settlement with open durational alimony, secured unvested stock through a trust, and protected retirement assets via QDROs—balancing support with long-term financial security.

Our firm developed a strategic settlement that provided open durational alimony while safeguarding retirement assets through QDRO provisions. The agreement featured a constructive trust for unvested stock awards, ensuring the non-owner spouse’s share would be secured upon vesting. Life insurance obligations were adjusted annually to align with diminishing alimony responsibilities, preventing over-insurance while maintaining financial security. This structure balanced immediate financial support with long-term asset preservation, preventing potential disputes over future retirement benefits.

Annulment and Custody Resolution

Secured an annulment voiding spousal support amid fraud claims, with a supervised parenting plan and adjusted child support to ensure accountability and financial stability.

Our firm navigated a complex annulment involving allegations of fraud, which voided the marriage and eliminated spousal support obligations. The agreement also established a detailed parenting time plan with strict supervision requirements due to ongoing concerns over compliance. Geo-tracking and video conferencing protocols ensured accountability, while modified child support accounted for the payor’s disability and unemployment. This approach provided financial stability for the custodial parent while enforcing court-ordered guidelines for supervised visitation.

Post-Judgment Settlement – Emancipation and Educational Contributions

Crafted a settlement ending child support at emancipation while outlining shared college and vehicle expenses, balancing parental support with the child’s increasing independence.

This settlement addressed financial obligations for a child nearing emancipation while establishing a framework for college expense contributions. The agreement terminated child support upon the child’s 19th birthday but included provisions for continued contributions toward educational costs, contingent upon the adult child’s participation in family counseling. Additionally, vehicle expenses were structured as a shared obligation, with clear guidelines for transitioning car insurance and other costs as the child assumed greater financial responsibility. This approach balanced parental financial support with the adult child’s growing independence.

Trusted Guidance for Divorce Law

Why Choose Cosner Law Group?

We understand divorce law can feel overwhelming. With decades of experience, we provide compassionate and strategic legal solutions to protect your assets, secure your legacy, and give you peace of mind.

Five Decades Serving New Jersey Families

From the courtroom to the corner office, we have built our firm’s reputation with over 50 years of forthright client representation and leadership in landmark New Jersey cases.

Unparalleled Regulatory Knowledge

Our attorneys are thought leaders at the forefront of divorce and family law. Alan G. Cosner taught tax law and business law at Rutgers University. Staci Cosner is a distinguished lecturer and often appears on New Jersey television to discuss divorce law.

Effective Personalized Strategies

We build sophisticated legal strategies through careful analysis and with great respect for each client’s requirements. Our lawyers are responsive and accessible, ready to help you and your family make effective decisions.

Powerful Client Advocacy

Whether you are facing contentious divorce proceedings or protecting your loved ones’ assets in estate administration, you need an astute legal advocate. Our attorneys fight for you and your family, making your best interests the ultimate priority.

Words can’t begin to express the gratitude I possessed when you accepted my call and personally assigned an appointment. Your staff warmly welcomed and set me up in the conference room. I was treated with dignity & respect. When you came to bring me to your office, it was as if I was referred by your highest ranked client (not as a consult). I was a nervous wreck, confused, lost, and just needing confirmation. My visit at your firm far exceeded my expectations and I will always refer to you. Respectfully Submitted,

- Beverly C.

Staci and her team were very informative and diligent with the overall Will process for my family. I enjoyed their work and customer service. I recommend this firm without reservation.

- Jason Ellison

Staci Cosner and her team were very professional and knowledgeable. We used this firm for Elder Law planning, Medicaid application and LTC assistance, all the way through to the handling of our Father’s estate. The staff always responded to our phone calls and emails in a timely manner. Anne Marie was exceptionally helpful during the entire process. I would definitely recommend this firm’s services for your Elder Law and Estate Planning needs. Many thanks to the firm for their support and guidance during a very difficult time in our lives.

- Susan G.

Dear Ms. Cosner, Thank you very much for your kindness and expert legal service. Thanks a lot to Denise and your other staff for their kindness and assistance.

- Anne N.

They took care of our concerns with Elder Law in NJ. I am very happy with their services.

- Elana Kaloyerakis

Staci and her staff helped our family through what seemed an impossible situation. We started with an extraordinarily messy Medicaid situation with my dad. We tried to handle the matter ourselves until we hit a frightening dead end. We consulted with our attorney, several actually, but they were all reluctant to take on a case of this complexity. Our attorney did however refer us to Staci, and I’m so glad that he did. His exact words were, “You need a big gun, and Staci’s the biggest gun around.” Staci knew exactly how to approach this case, and with her staff she executed her plan expeditiously, relentlessly, and flawlessly.

- Anonymous

Applying for Medicaid can be tedious and intimidating on your own. Retaining an attorney can expedite the process. My attorney, who specializes in elder care, was able to achieve in two months what I could not achieve in two years. With my attorney, the entire process took four months. I no longer have the financial burden to an elder facility and the stress that I did. I appreciate all that my attorney and her staff did to help me in this matter.

- Anonymous

Very professional. Responded to my e-mails quickly. Very willing to hear my point of view. I felt I could trust them.

- Nancy Chan

Staci Cosner has been a great help in a time which was difficult for our family. Knowing that estate planning was taken care of in a proper and efficient manner took away additional stress that we would have had to deal with. Staci took extended time and continues to answer all questions as well as explain everything thoroughly as we estate plan for our family members.

- Anonymous

I am not sure where to start, but from the moment you walk through the door at the Cosner law office its clear everyone on this team is highly skilled and organized in Elder care planning, and more importantly highly competent in asset protection. Early in the day we met with another Elder attorney and the competency level were day & night difference, sadly only focused on collecting a consultation fee. Our family was extremely fortunate, to have had Staci guide us through this difficult chapter in our lives. If you’re reading this, please be extremely careful in selecting an Elder attorney. There is so much more than just filing paperwork, Staci is highly respected in this field and ethics goes a long way when you’re working with county/state officials. I will also add Staci doesn’t sugar coat it, you got one shot to get it right.

- Adam Cole

As Executor of my late brother’s Estate I had the good fortune to select Cosner,Youngelson to represent us. The Probate was complicated by the fact that I live in Arizona and the Estate was in New Jersey which has an Inheritance Tax. And dealing with four different banks (especially Wells Fargo) was frustrating. However Rebecca A. Hand and her staff relieved me of all burdens with their skill, experience and professionalism. They made a difficult task so much easier and I cannot recommend them more .highly. Thank you Ms. Hand and my thanks to your Staff.

- Bill in Panama

My attorney was with me every step of the way. She explained everything clearly and communicated quickly through emails. Kept me up to date on everything.

- Lisa C.

Attorney Staci Cosner prepared my will and Health Directive, She did a good job. She is knowledgeable in this field. I like the fact that her office answers the phone promptly and they return calls. Another plus is that she charged me a reasonable fee.

- G.H

I wanted to take a moment to express my heartfelt gratitude for your exceptional assistance and hard work in handling my mother’s Medicaid matter. The journey has been anything but easy, but your dedication and expertise made all the difference. Your ability to navigate the complexities of the Medicaid process and ultimately secure its approval has been a tremendous relief for me and my family. This ordeal has been an incredibly stressful and lengthy one, and your efforts have lightened the burden we’ve been carrying for so long. We truly appreciate everything you and your staff have done to make this happen. Your commitment to excellence and your unwavering support have not gone unnoticed. Your professionalism and compassion have made a significant impact on our lives during this challenging time. Please know that I will not hesitate to recommend your services to anyone who may require them. In fact, I’ve already begun sharing my positive experience with some of my friends. Your dedication deserves to be recognized, and I am confident that anyone who seeks your assistance will be in capable hands.From the bottom of my heart, I want to thank you for everything you’ve done. Your expertise, kindness, and relentless determination have made a world of difference to my family, and we are truly grateful.

- Elena R. & Calderon Family

Experienced.
Dedicated.
Client-Focused.

MEET OUR ATTORNEYS

At Cosner Law, our attorneys bring decades of experience in divorce law, estate planning, elder law, and Medicaid planning. We are committed to providing compassionate legal guidance tailored to your unique needs. Get to know our legal team and see how we can help you plan for the future.

Alan G. Cosner

With 50+ years of legal experience, he holds law and taxation degrees from Seton Hall and NYU. A former IRS agent and accountant, he is admitted in NJ courts and the Tax Court. He has taught Business and Tax Law at Rutgers and Middlesex County College and is a member of the NJ and Middlesex County Bar Associations.

Staci A. Cosner

A graduate of Cornell University and Columbia Law School, is an experienced family law attorney admitted to practice in New Jersey and New York. With nearly three decades of practice, she has guided clients through complex divorce matters, including equitable distribution, alimony, child custody, and support. Her background as a former associate at Skadden Arps in New York City and her active involvement in bar associations reflect her commitment to delivering strategic, client-focused legal solutions.

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Answers to Your Divorce, Custody & Support Questions

Frequently Asked Questions

Understanding Divorce law can be overwhelming. We’ve answered some of the most common questions to help you navigate these important legal matters with confidence. If you need personalized guidance, our team at Cosner Law is here to help.

How long does the divorce process take in New Jersey?

The timeline depends on whether your case is contested or uncontested. Uncontested divorces can be completed in 6–8 weeks, while contested cases may take several months or longer based on complexity and court schedules.

What are the grounds for divorce in New Jersey?

New Jersey allows both no-fault grounds—such as irreconcilable differences or 18-month separation—and fault-based grounds including adultery, cruelty, or addiction.

Will I have to go to court during my divorce?

Not always. Many cases are resolved through mediation or settlement programs. Court appearances are typically only necessary when disputes can’t be resolved out of court.

How is property divided in a New Jersey divorce?

New Jersey follows equitable distribution. Assets are divided fairly, not necessarily equally, based on factors like marriage length, income, and each party’s contributions.

What happens if we have children?

Custody and child support are determined based on the best interests of the child. Courts consider parenting capacity, stability, and the child’s relationship with each parent. Shared parenting is encouraged when possible.

Child Custody and Support

Child custody and support are often the most emotionally sensitive aspects of any divorce or family separation. At Cosner Law, we understand the impact these decisions have on both parents and children. Our goal is to help clients secure custody arrangements that serve the best interests of the child while ensuring that financial support is fair and consistent with New Jersey law. Whether you’re pursuing sole custody, joint custody, or seeking to enforce or modify a support order, our team brings decades of experience to protect your rights and your child’s future.

New Jersey courts prioritize the child’s well-being, encouraging parents to reach cooperative solutions whenever possible. Custody decisions are based on a variety of factors, including each parent’s relationship with the child, living arrangements, and ability to provide a stable environment. Child support, on the other hand, is typically determined by a formula that considers each parent’s income, time spent with the child, and necessary expenses like healthcare and childcare. We’re here to guide you through the legal process with clarity, compassion, and focused advocacy.

Frequently Asked Questions

How is child custody decided in New Jersey?

Custody is based on the best interests of the child. Courts consider factors like each parent’s ability to provide care, the child’s relationship with each parent, and the home environment. Joint legal custody is common, but physical custody arrangements vary depending on the case.

How is child support calculated?

New Jersey uses a statewide formula that considers both parents’ income, number of children, and how parenting time is divided. Additional factors like childcare, health insurance, and special needs may affect the total support amount.

Can custody or support arrangements be changed later?

Yes. If there’s a substantial change in circumstances—such as a job change, relocation, or change in the child’s needs—either parent can request a modification through the court. It’s important to have legal guidance when pursuing or contesting a change.

Alimony and Asset Distribution

When a marriage ends, one of the most complex and emotionally charged aspects is the division of financial assets and determining whether spousal support (alimony) is appropriate. At Cosner Law, we guide clients through this process with clarity and experience, ensuring that your rights are protected and that financial arrangements are fair and sustainable. Whether you are seeking alimony or defending against it, we work to ensure that your future financial security is considered every step of the way.

New Jersey law requires that all marital assets be divided equitably—but equitable doesn’t always mean equal. The court considers a wide range of factors, including the length of the marriage, each party’s income and earning capacity, and contributions to the household or family business. Our attorneys help you understand what you’re entitled to and what obligations you may face, offering practical legal solutions during what can be a financially uncertain time.

Frequently Asked Questions

How is alimony determined in New Jersey?

The court considers multiple factors, including the length of the marriage, each spouse’s income and ability to earn, the standard of living established during the marriage, and any sacrifices made for the household (like staying home to raise children).

Will I lose half of everything I own?

Not necessarily. New Jersey follows equitable distribution, which means marital property is divided fairly—not always equally. Assets acquired during the marriage are typically subject to division, but how they’re split depends on your specific situation.

Can alimony be changed after the divorce is finalized?

Yes. Alimony can be modified if there’s a significant change in circumstances, such as job loss, retirement, or changes in financial need. A court-approved modification is required to make these changes legally enforceable.

Medicaid

Medicaid can provide essential financial assistance for long-term care, but the application process is complex, and mistakes can be costly. At Cosner Law Group, we help individuals and families plan for Medicaid eligibility while protecting assets. Whether you need assistance with Medicaid applications, asset protection strategies, or long-term care planning, our attorneys provide the guidance and legal solutions you need.

Frequently Asked Questions

What is Medicaid?

Medicaid is a federal program that pays for the medical care of those who cannot afford it. Medicaid pays for physicians’ services, medications, hospital visits and other forms of medical treatment, as well as long-term stays in a nursing home, assisted living facility, or even some homecare services.

Who is eligible for Medicaid?

Eligibility is determined by the value of the individual’s assets and income. For married individuals, it is based upon the assets and income of both husband and wife.

Is the decision made by Medicaid final?

No. There is an appeals procedure consisting of three steps: administrative review, administrative hearing and finally, court proceeding.

What is the difference between Medicaid and Medicare?

Medicare is an insurance program that is available only to those who are 65 years of age and older and certain disabled individuals. This federal program also provides payment for medical treatment; however it provides only limited coverage. It does not provide funds for long-term care in a nursing home. Medicaid pays for all the medical expenses of those eligible.

Can an individual receive both Medicaid and Medicare?

Yes, as long as you meet the eligibility requirements of both programs.

What is the role of an attorney?

Laws concerning Medicaid are quite complex and their interpretation varies from state to state. Also, these laws are always changing. Elder law attorneys provide legal expertise in understanding these laws and their changes. We ensure that you or your family member will qualify for Medicaid and assist with the challenging process of applying for Medicaid.

Elder Law

The attorneys of Cosner Law Group provide indispensable legal services to the elderly and their families. The Firm has an elder law group designed specifically to cater to the needs of the elderly and their children. Staci A. Cosner, Esq. is a member of the National Academy of Elder Law Attorneys; she lectures frequently on Elder Law topics. As people age, it is important for them to be aware of the benefits and problems specific to the elderly. We offer a free initial consultation to explain our available services and determine the needs of the family.

As Americans live longer, the legal and practical concerns confronting the elderly and their loved ones have grown increasingly complex. At Cosner Law Group, our experienced elder law attorneys assist clients and their families to navigate these issues through proper planning. Among other things, we prepare powers of attorney and advance health care directives which ensure that proper medical treatment will be provided as needed. Our attorneys also provide advice concerning long-term care options.

If you or an elderly loved one needs legal advice about any area of elder law, from Medicaid planning to long-term care financing, contact our East Brunswick elder law attorneys.

Frequently Asked Questions

What is elder law, and how can elder law attorneys help me or my loved one?

Elder law focuses on legal issues affecting older adults, including estate planning, long-term care, Medicaid planning, guardianship, and protecting assets. Our attorneys help seniors and their families make informed decisions about their future.

How can I protect my assets from the high costs of long-term care?

With proper planning, you can protect your assets while ensuring you or your loved one qualifies for Medicaid or other benefits. We assist in setting up trusts and other legal strategies to safeguard your estate.

What is Medicaid planning, and when should I start?

Medicaid planning helps individuals qualify for long-term care benefits while preserving their assets. It’s best to start planning early, as Medicaid has strict eligibility requirements and look-back periods.

What is the difference between a power of attorney and a guardianship?

A power of attorney allows a designated person to manage financial or healthcare decisions if you become incapacitated, while a guardianship is court-appointed when someone can no longer make decisions for themselves and hasn’t planned ahead.

How can I ensure my wishes are followed if I become incapacitated?

Creating advance directives, such as a living will and durable power of attorney, ensures that your medical and financial decisions are made according to your preferences if you are unable to communicate them.

Divorce

Very few people enter a marriage with the expectation of divorce, and there are many factors that an individual needs to consider before they move forward with the dissolution of marriage process. The divorce laws in New Jersey can be confusing and intimidating to the uninitiated, which is why most people choose to retain the services of a New Jersey family law attorney to represent them through the process.

A New Jersey divorce attorney is familiar with the laws that can affect your share of the marital assets and debt, parental custody, child support, spousal support, and other legal matters that may follow you long after your divorce is finalized. In East Brunswick, NJ, the family law and divorce lawyers of Cosner Law Group represent individuals who are seeking the dissolution of their marriage. Contact us to schedule a free initial consultation.

Frequently Asked Questions

If I do not have children in the marriage, do I need a divorce lawyer?

New Jersey does not require you to have an attorney for an uncontested divorce. There are, however, many reasons why having an attorney and hiring legal representation is in your best interest. Divorces that begin amicably can become adversarial. Additionally, even if the marriage is recent, you may have acquired a substantial amount of marital property. Divorce is a legal process and can be extremely confusing. For this reason, it is usually in your best interest to hire a family law attorney who handles the dissolution of marriage.

How can I get full custody of my children?

In most cases, the courts will not award sole physical custody to either parent if the other parent is fit and involved in their lives. There are cases where it is beneficial for the children to spend more time in one parent’s homes. In these instances, the court may award primary physical custody.

How does NJ enforce child support payments?

New Jersey enforces child support through the Probation Division. An attorney can file through the courts.

Estate Planning, Wills and Trusts

At Cosner Law Group, we believe that estate planning is an essential component for protecting and preserving the assets you have worked so hard to accumulate and want to pass on to your loved ones.

Cosner Law Group attorneys have the experience and knowledge to help you and your family plan for the future no matter what size estate you may have. We can suggest and draft estate planning documents to fit every situation. Contact us today to schedule a free initial consultation with one of our estate planning lawyers to discuss your needs and options.

Frequently Asked Questions

Why is an estate plan necessary?

An estate plan ensures your assets are distributed according to your wishes, helps protect your family from legal complications, and can minimize tax liabilities on your estate. Without a plan, state laws will determine how your assets are handled.

What is the difference between a will and a trust?

A will outlines how your assets should be distributed after your passing and goes through probate. A trust, on the other hand, allows for asset management during your lifetime and can help avoid probate, providing greater flexibility and control over distributions.

Who should I name as my Power of Attorney?

It is important to appoint someone you trust to handle financial and healthcare decisions if you become incapacitated. This person should be responsible, organized, and capable of making important decisions in your best interest.

How can estate planning help reduce taxes?

Strategic estate planning can reduce or eliminate estate and inheritance taxes by utilizing trusts, gifting strategies, and other tax-saving tools. Our firm provides tailored advice to help protect your assets and ensure more of your estate passes to your beneficiaries.

When should I update my estate plan?

Your estate plan should be reviewed and updated after major life events such as marriage, divorce, the birth of a child, a significant change in assets, or changes to tax laws. We work closely with clients to keep their estate plans current and aligned with their evolving needs.

Estate Administration and Probate

Cosner Law Group’s New Jersey estate administration attorneys have decades of experience guiding clients through the full spectrum of estate administration and probate matters. Our legal team provides compassionate legal services, including estate planning, estate administration, trust administration, succession planning, and probate litigation.

You can also turn to Cosner Law Group for help with estate tax, wills and trusts disputes, and property distribution. Whether you’re an executor of an estate or working with loved ones to manage the estate administration documentation, our attorneys are ready and available to guide you.

Contact our East Brunswick, NJ attorneys to schedule a free initial consultation.

Frequently Asked Questions

What is probate, and when is it required?

Probate is the legal process of validating a will and overseeing the distribution of assets after someone passes away. It is typically required when the deceased owned assets solely in their name without designated beneficiaries.

How long does the probate process take in New Jersey?

The length of the probate process depends on factors such as the complexity of the estate, potential disputes, and court schedules. On average, it can take several months to over a year to fully administer an estate.

What are the responsibilities of an Executor?

An Executor is responsible for collecting and managing the deceased’s assets, paying debts and taxes, distributing the estate to beneficiaries, and ensuring all legal requirements are met. Working with an attorney can help fulfill these duties properly.

Do all estates have to pay estate or inheritance taxes?

Some estates may be subject to federal estate taxes and New Jersey inheritance taxes, depending on their value and the relationship of beneficiaries to the deceased. An estate attorney can help navigate tax obligations and minimize tax exposure.

What happens if someone challenges a will?

If a will is contested due to claims of undue influence, lack of capacity, or improper execution, the probate court will review the evidence and make a determination. An experienced probate attorney can assist with will contests and estate disputes.

New Jersey Divorce Lawyers Protecting What Matters Most

New Jersey Divorce Lawyers Protecting What Matters Most

Our Divorce Law Practice Areas

Family Law

Alimony and Asset Distribution

Divorce

Child Custody and Support

Family Law

Alimony and Asset Distribution

Divorce

Child Custody and Support

Our Results for New Jersey Families

Comprehensive Alimony and Retirement Asset Division

Annulment and Custody Resolution

Post-Judgment Settlement – Emancipation and Educational Contributions

Why Choose Cosner Law Group?

Five Decades Serving New Jersey Families

Unparalleled Regulatory Knowledge

Effective Personalized Strategies

Powerful Client Advocacy

MEET OUR ATTORNEYS

Alan G. Cosner

Staci A. Cosner

Contact us for a free consultation

Frequently Asked Questions

Alan G. Cosner

Biography

Practice Areas

Credentials

Education & Membership

Staci A. Cosner

Biography

Practice Areas

Credentials

Education & Membership

Child Custody and Support

Frequently Asked Questions

Alimony and Asset Distribution

Frequently Asked Questions

Medicaid

Frequently Asked Questions

Elder Law

Frequently Asked Questions

Divorce

Frequently Asked Questions

Estate Planning, Wills and Trusts

Frequently Asked Questions

Estate Administration and Probate

Frequently Asked Questions

Family Law

Frequently Asked Questions