The mother is no longer automatically given custody of the children. The judge looks at the age and sex of the child, ability of the parent to care for the child, personal relationships and, if older, the wishes of the child. Visitation will also be ordered under most circumstances. An equal sharing of physical custody of children is also possible in appropriate cases. An important factor considered by the court is the continued residency of children in a familiar and stable home environment.
Courts are reluctant to disturbance existing arrangement if the children are doing well.
The courts are also reluctant to split children between two parents because courts believe that it is in the best interest of brothers and sisters to remain together even though their parents have separated or are divorced. Most parties eventually reach an agreement to divide property. In New Jersey, each spouse is entitled to a share of the property acquired during the marriage. There is no magic formula. The judge has discretion.