Mediation promotes communication between the parties at this critical time and can set the tone for their entire separation and post-divorce lives. When parents cannot, or will not communicate the children will be affected. The children will be upset about what they perceive as the break-up of their family. If the parties can communicate, it will go a long way towards reducing the conflict and friction which will be sensed by the children.

As to the division of marital property, the standard of the Courts in New Jersey is equitable distribution. Any property, or debts, that are acquired from the day you are married until the day a Complaint for Divorce is filed, or a Property Settlement Agreement is signed, is subject to equitable distribution. The Courts presume a 50/50 division of property and debts. However, if one party can demonstrate to the Courts that it would not be fair to divide the provide property and/or debts equally, the Courts may give one party a disproportionate share.

Alimony -The Courts in making a determination as to whether or not a spouse is entitled to alimony look at several factors. Among the most import of these factors are: the duration of the marriage; the earnings of the parties; and the needs of the parties. Alimony may be permanent alimony, payable for the rest of the spouse's life; term alimony which is paid for a set number of years; or rehabilitative alimony, which is alimony to allow a spouse who is not working or who has been out of the work force for some time, to receive necessary education or training skills so that they can obtain employment. Rehabilitative alimony, like term alimony, is for a set period of years.

Alimony, like child support, is subject to modification based upon a substantial change in circumstances. For example, if the supporting spouse loses their job or has to take a substantial pay cut, the alimony may be modified by the Court.