If you are filing for divorce in New Jersey, it is imperative that you understand all of your legal rights and options. One of the most important aspects of a divorce petition is the reason or ground for divorce, one of which is abandonment. Understanding what actions constitute abandonment and how you can claim this reason is crucial in protecting your rights and future. Continue reading for more information and reach out to an experienced Morris County, NJ divorce lawyer at Townsend, Tomaio, Newmark & Clancy, LLC to discuss your case with a legal professional today.
What Are the Grounds for Divorce in NJ?
New Jersey offers both fault-based and no-fault divorces. This means that when filing a petition to terminate your marriage, you can choose whether to claim that your spouse’s behavior caused the end of the relationship. No-fault divorces are based on irreconcilable differences that have resulted in an irretrievable breakdown of the relationship or separation for at least 18 months.
Fault-based divorce grounds include adultery (cheating), extreme cruelty, drug or alcohol addiction, institutionalization for a mental illness, imprisonment, deviant sexual conduct, and desertion or abandonment. Fault-based divorce claims may influence the outcome of alimony, child custody, and settlement negotiations. However, they also require evidence and may increase conflict during the process.
What Constitutes Abandonment in an NJ Divorce?
As established, abandonment (also referred to as desertion) is considered a valid fault-based divorce ground in New Jersey. NJ Revised Statutes § 2A:34-2 outlines the state’s causes for divorce. Abandonment is defined as “Willful and continued desertion for the term of 12 or more months, which may be established by satisfactory proof that the parties have ceased to cohabit as man and wife.”
Essentially, if your spouse has voluntarily left you for at least one year and has no plans to return, it is considered abandonment. It’s important to note that this does not only include physical desertion. Some conduct, such as cutting off financial support after leaving, may be used as supporting evidence of abandonment. Examples of desertion may include your spouse permanently moving out without explanation, cutting off communication, or withdrawing financial support.
What Evidence is Needed to Prove Abandonment?
If you are filing for a fault-based divorce, you need to prove to the court that your spouse engaged in the behavior that you are claiming. When it comes to abandonment, you must be able to demonstrate that your spouse has been living outside of the marital home or apart from you for at least 12 consecutive months, that you did not consent to this separation, that there was no justifiable reason for your spouse to leave, and that your spouse has failed to support you and your children during this time.
Proving abandonment can be complex, but with the help of a knowledgeable legal team, you can successfully navigate the divorce process. Contact a Morris County divorce lawyer to discuss your situation today.
