What Constitutes Abandonment in an NJ Divorce?

For some spouses, the end of a marriage seems inevitable, but for others knowing your spouse is unhappy may come as a shock. Regardless, you’ll find that returning home after a day of running errands to find your spouse and all of their belongings gone can be incredibly jarring. Unfortunately, this abandonment is not uncommon and if it reflects your circumstances, it’s imperative to understand how this will impact your divorce. The following blog explores what constitutes abandonment and why working with a Morris County divorce lawyer is in your best interest during these complicated matters.

What Is Abandonment?

In New Jersey, the official legal term for abandonment is desertion. Typically, this occurs when one spouse, without the consent of the other, decides to leave the marital home for an extended period of time. To file for an at-fault divorce on the grounds of abandonment, it must last for one year. Additionally, any attempts to reconcile the marriage during this period will reset the clock. Additionally, it is not considered abandonment if the spouse leaves without the consent of the other but still continues to contribute financially to the household and childcare expenses.

It’s imperative to understand that in New Jersey, separation and abandonment are different matters. Typically separation involves one party leaving the home as the first step in a divorce, especially if they don’t meet the residency requirements to file in their state yet.

Will My Spouse Face Any Consequences for Their Decision?

In New Jersey, when there are children involved in a family that has been deserted by one spouse, and that spouse does not help pay for the childcare expenses, they can face criminal charges. It is a fourth-degree offense to willfully desert your dependents, so they could face criminal consequences for doing so.

In general, the courts will not look favorably on a spouse who has abandoned their family, especially if there are children involved. As such, despite the fact that the courts try to grant joint custody when possible, you’ll find that you may be able to successfully petition the court for full custody of the children in these matters.

It is imperative to understand, however, that if it’s proven that a spouse has only deserted their family because they are experiencing abuse at the hands of their spouse, this is not considered voluntary abandonment, and the judge may find their decision justifiable.

Being abandoned by your spouse is an incredibly emotional matter, so it’s imperative to understand that connecting with a lawyer is one fo the most important things you can do during this time. When you are emotional about matters like this, it can cloud your judgment, impacting the outcome of the divorce. As such, working with an attorney can help you stay objective and focused on the matters at hand so you can fight for the best possible outcome. At Haber Silver Russoniello & Dunn, we understand that this is an incredibly difficult matter, which is why we are ready to assist you. Connect with us today to learn more.