In this article, I will explore the legal nuances surrounding the issue of abandonment (or "desertion") as it affects a divorce here in Monmouth County, New Jersey.
In NJ, the concept of "desertion" 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".
This one-year requirement ensures the judge that the abandonment is not merely a temporary separation.
Documentation of your spouse's departure, witness testimonies, and communication records play a role in establishing the timeline and intent behind your spouse's desertion.
Moreover, providing evidence of your attempts to reconcile or your spouse's refusal to engage in reconciliation efforts will strengthen your case.
New Jersey follows equitable distribution laws, meaning that marital assets are divided fairly but not necessarily equally.
It is possible that the court may consider the circumstances surrounding the desertion when determining what is fair to you under the facts of your particular case.
Additionally, alimony awards may be affected by the financial impact of abandonment on you.
If you have children, desertion can impact custody determinations.
Monmouth County family court judges prioritize the best interests of the child, taking into account factors such as parental stability, involvement, and the ability to provide a nurturing environment.
If your spouse has abandoned not only you but your children as well, then the judge may consider the deserting parent's commitment to the child's well-being and involvement in their life when making custody decisions.
THERE'S A LOT MORE FREE HELP WHERE THIS ARTICLE CAME FROM
I know that being deserted by your spouse is painful.
Notwithstanding the pain, "desertion" is only one of 9 grounds for divorce in New Jersey.
Even though you CAN file based upon desertion, it might be in your best interest to file based upon another ground.
If you are considering separating or filing for divorce, the most important thing for you to do before doing anything else as to learn how to protect yourself, your children, and your assets.
That includes getting an understanding of the most useful ground or grounds for divorce that NJ offers to you.
I've been a divorce specialist in Colts Neck (by Delicious Orchards) for 36 years, and I've successfully represented people who have been abandoned by their spouses.
I "get it" and I'm here to help.
My free NJ DIVORCE EDGE 2024 (click here) course will teach you how to turn your situation around to your advantage.
Every divorce case is different. My emails will teach you, in an easy to understand way, everything that you need to know to help you make the right decisions based upon the particular facts of your situation.
I get emails from strangers all the time thanking me for making this information available to them online at no cost, and I'm pretty certain that you, too, will get a lot of value from my emails.
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Are you ready to start turning things around?
The next move is up to you...!
Click the link above and begin learning how to get the "edge" in YOUR Monmouth County divorce case.
Until next time,
Steve
Steven J. Kaplan, Esq.
Specializing In Divorce
In Monmouth County NJ
5 Professional Circle
Colts Neck, NJ. 07722
www.KaplanDivorce.com
(732) 845-9010
