At Cosner Law Group, our East Brunswick family lawyers provide compassionate guidance through life’s most challenging legal matters. Since 1970, our family law firm has helped countless East Brunswick residents navigate divorce, custody disputes, and other family matters with dignity and strategic expertise.
Experienced Family Law Representation in East Brunswick
Family legal issues can be emotionally overwhelming. Our East Brunswick family attorneys combine over 50 years of legal experience with genuine empathy to help you make sound decisions during difficult times. We focus on practical solutions that protect your rights while preserving important relationships whenever possible.
Why Choose Cosner Law Group for Family Law in East Brunswick?
- Collaborative Approach: We offer collaborative divorce options that minimize conflict and emotional trauma
- Comprehensive Services: Our East Brunswick family law firm handles every aspect of family legal matters
- Half-Century of Experience: Established in 1970, we bring decades of family law expertise to your case
- Emotional Intelligence: We understand the emotional complexities of family disputes and provide steady guidance
Our East Brunswick Family Law Services Include:
- Divorce proceedings (contested and uncontested)
- Child custody and parenting time arrangements
- Child support calculation and enforcement
- Spousal support/alimony negotiation
- Domestic violence protection
- Prenuptial and postnuptial agreements
- Property division and asset protection
- Post-divorce modifications
Our East Brunswick family lawyers recognize that each family situation is unique. We take the time to understand your specific goals and concerns, developing tailored strategies that address your particular circumstances. With sensitive issues like abuse or high-conflict relationships, we provide additional support and protection throughout the legal process.
At Cosner Law Group, we’re committed to helping you not just resolve your immediate legal concerns but also build a foundation for a positive future. Our family law attorneys serve as trusted advisors during life’s most challenging transitions, providing both legal expertise and emotional support.
Schedule a Call with Our East Brunswick Family Law Office
Call our East Brunswick office today to schedule a consultation with an experienced family law attorney who will guide you through this difficult process with respect and expertise
Do I need to be separated for a certain amount of time before filing for divorce in New Jersey?
New Jersey doesn’t require a mandatory separation period for most divorce grounds. If you’re filing for irreconcilable differences, you only need to show that problems existed for at least six months and there’s no reasonable prospect of reconciliation. You can file immediately.
For fault-based grounds like adultery or extreme cruelty, you can file as soon as the grounds exist. The entire divorce process typically takes several months to over a year depending on complexity, but there’s no waiting period to start.
How is child custody determined if my ex and I can’t agree?
New Jersey courts use the “best interests of the child” standard, looking at factors like your relationship with the child, your ability to provide stability, each parent’s fitness, the child’s preferences if they’re mature enough, any history of domestic violence, and your willingness to foster a relationship with the other parent.
The court presumes both parents should remain involved unless there’s evidence showing otherwise. They’ll consider your work schedules, home environments, and who’s been the primary caregiver. If you can’t reach an agreement, the judge will decide based on all these factors after hearing evidence from both sides.
Can my ex-spouse prevent me from seeing my children?
Not without a court order. In New Jersey, both parents have equal rights to their children until a court says otherwise. If your ex is denying you access, document everything and file an emergent application with the court immediately. Even if you’re behind on child support, your ex cannot legally withhold visitation, these are separate issues. The only exception is if there’s a temporary restraining order or the court has found a risk to the children’s safety. Otherwise, parental interference is taken very seriously by New Jersey courts and can impact custody decisions.
What happens to the house in a New Jersey divorce?
New Jersey is an equitable distribution state, meaning marital assets are divided fairly but not necessarily equally. The house is typically considered marital property if purchased during the marriage, regardless of whose name is on the deed. Options include: one spouse buying out the other’s interest, selling and splitting proceeds, or one spouse keeping the house with an offset from other assets.
The court considers factors like each spouse’s financial situation, contributions to the property, custody arrangements, and whether keeping the house serves the children’s best interests. If you want to keep the home, you’ll need to show you can afford the mortgage and buyout.
How much will I pay or receive in child support?
New Jersey uses specific guidelines based on both parents’ incomes, number of children, parenting time schedule, and costs like health insurance and childcare. The system calculates a basic support obligation, then divides it proportionally based on each parent’s income.
For example, if you earn 60% of the combined income, you’d typically be responsible for 60% of the child’s expenses. The guidelines cover combined parental income up to $187,200, with judicial discretion above that. If you have overnight parenting time at least two nights per week, the support amount may be reduced. Child support continues until the child turns 19 or becomes emancipated.
Can I modify custody or parenting time after the divorce is finalized?
Yes, but you need to show a significant change in circumstances since the original order. This could include relocation, a parent’s remarriage affecting the child, changes in work schedules, a child’s changing needs as they age, or concerns about the other parent’s behavior or living situation. You can’t simply ask for modification because you’re unhappy with the arrangement. The change must be substantial and unanticipated, and you’ll need to prove that modification serves the child’s best interests.
If both parents agree to changes, you can file a consent order, which is much simpler than a contested modification.
What are my rights as an unmarried father in New Jersey?
If you’re not married to the mother, you don’t automatically have legal rights to your child, even if you’re listed on the birth certificate. You need to establish paternity legally, either by signing an acknowledgment form at the hospital, through a voluntary acknowledgment later, or through a court order. Once paternity is established, you have the same rights as married fathers to seek custody and parenting time.
You can file a case in Family Court to establish a formal custody and parenting time arrangement. Don’t wait. The longer you delay establishing your rights, the harder it becomes to get equal parenting time, as courts look at established routines.
My ex wants to move out of state with our children, can they do that?
Not without your permission or court approval. Under New Jersey’s “Removal Statute,” a parent with primary custody must get consent from the other parent or permission from the court before relocating with the children. If you object, your ex must prove the move is in the children’s best interests.
The court examines the reasons for the move, the other parent’s motives for opposing it, whether there’s a realistic visitation alternative, and the impact on the children. If your ex moves without permission, you can file an emergency application, and they may be ordered to return immediately. These cases are highly fact-sensitive and require immediate legal action.
Will I have to pay alimony, and for how long?
New Jersey recognizes several types of alimony: open durational (for marriages over 20 years), limited duration (for shorter marriages), rehabilitative (to help a spouse become self-supporting), and reimbursement (to compensate for supporting a spouse through education). Courts consider factors including the length of your marriage, each spouse’s age and health, earning capacities, standard of living during marriage, and contributions as homemaker.
For marriages under 20 years, alimony typically can’t exceed the length of the marriage. Alimony usually ends when the recipient remarries or cohabitates, either party dies, or the paying spouse reaches retirement age. Tax law changed in 2019 and alimony is no longer tax-deductible for new agreements.
How do I protect myself financially during the divorce process?
Take immediate steps: open individual bank and credit card accounts, change passwords on all financial accounts, obtain copies of tax returns, bank statements, retirement account statements, and mortgage documents. Do not drain joint accounts or make large purchases without court approval, this can hurt you later.
File a motion for temporary support if you need financial help during the proceedings. Consider freezing joint credit cards to prevent your spouse from running up debt you’ll be responsible for. Document all marital assets and debts. If your spouse controls the finances, your attorney can use discovery tools to obtain financial records. Don’t hide assets. New Jersey courts impose severe penalties for financial dishonesty, including awarding the entire asset to the other spouse.
