Whether your marriage was not going well or you had no reason to think that divorce was imminent, the last thing that you expect is to find your spouse and all their belongings gone from your home. Unfortunately, these circumstances do happen, so understanding your legal options and the impact that abandonment can have on the outcome of your divorce is critical. The following blog explores what you should know about these matters and why it’s in your best interest to connect with a Somerset County divorce attorney who can help you traverse these incredibly difficult times with as much ease as possible.
What Is Abandonment in Terms of an NJ Divorce?
In New Jersey, instances of abandonment occur whenever one spouse leaves the home without the consent of the other for seemingly no reason. Essentially, if the abandoned spouse did not consent, initiate, or coerce the other’s decision to leave, and during that time the other spouse does not help provide for the family they left behind, it constitutes abandonment. Abandonment is considered grounds for divorce in New Jersey, and the official term used when filing is desertion. To file on these grounds, the abandonment must last 12 months. If you reconcile at any point during this period, the clock will reset.
You should note that desertion and separation, though often used interchangeably, are not the same thing. Typically, a separation is initiated when one spouse, whether with the consent of the other or not, begins the divorce process. Because they are participating in the divorce by taking the necessary legal steps, it is not considered abandonment, even if the other spouse does not want the divorce.
Will My Spouse Face Any Consequences for Abandoning Me?
If you file for divorce on the grounds of abandonment in New Jersey, it’s important to understand that generally, your spouse will face the blame for leaving. However, if they can prove that the desertion was justifiable because they endured abuse, for example, the judge can find the other party at fault.
In general, however, if one spouse leaves the marriage the judge may award a higher portion of assets to the abandoned spouse. While they won’t receive all the assets from the marriage, they can be awarded more as compensation for the lack of financial support from their spouse during the abandonment period.
It’s also important to understand that this can have an impact on custody. Though the courts generally try to award joint custody to both parties, in instances of abandonment, this may not be possible, as the parent who left demonstrates an unwillingness to parent.
As you can see, abandonment is something that should be taken very seriously in New Jersey due to the drastic impacts it can have on the outcome of your divorce. If you have been abandoned by your spouse, it’s in your best interest to connect with an experienced attorney who can help you during these complicated matters. At the Siragusa Law Firm, we understand how emotional this time can be, which is why we will do everything possible to fight for you. Connect with us today to learn how we can assist you.
