Has Your Spouse Abandoned You?

Do you live in New Jersey?

Has your spouse deserted you?

If so, you can choose to file for divorce based upon desertion (although there may be better grounds...that will be discussed in another article on this site.)

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.

Whether you file for divorce based upon abandonment or another ground is not likely to affect the end result of your case, in my experience.

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, but not likely.

Additionally, alimony awards may be affected by the financial impact of abandonment on you, although that too is unlikely in my experience.

If you have children, desertion can impact custody determinations.

That is because N.J. 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.