While deciding to file for divorce is never an easy decision, it is a choice that can be made simpler when you have been deserted by your spouse. There are many valid reasons to get a divorce in New Jersey, one of which being abandonment. If your spouse has abandoned you and your family for 1 year or longer, you may be able to file for a fault-based divorce. Work with a Sussex County, Sparta divorce attorney for skilled legal representation and advice during your case.
Is Abandonment Grounds for Divorce?
Abandonment is one of many valid grounds for divorce. A “ground” for divorce is a legally acceptable reason a couple claims to end their marriage. Whether you are filing for a no-fault or fault-based divorce, you must supply a valid reason for the termination of your relationship.
In a no-fault divorce where the filing spouse is not placing blame on the other spouse, valid grounds are irreconcilable differences or simply a breakdown of the marriage. This type of divorce is simple and straightforward.
In a fault-based divorce, however, the filing spouse is doing so based on their partner’s actions and claiming that some sort of wrongdoing on their spouse’s part led to the end of the relationship. Some valid grounds for a fault-based divorce in New Jersey include adultery, cruelty, long-term incarceration, long-term institutionalization, substance addiction, deviant sexual behavior, and abandonment.
What is Considered Abandonment in a New Jersey Divorce?
Abandonment is defined under New Jersey law under the term “desertion,” which can be used interchangeably. According to NJ family law, an individual can file for divorce based on abandonment if their spouse willingly left the marital home and has shown no intention of returning.
Other forms of abandonment may include refusal to engage in marital duties like emotional connections or sexual activity, as well as removing financial support from the spouse, household, or shared children. For desertion to be considered valid in an NJ divorce it must last at least 12 months.
How Can I Prove Abandonment?
When filing for a fault-based divorce, you bear the burden of proving that your spouse’s actions led to the demise of the relationship. To prove abandonment, you must work with your lawyer to gather evidence demonstrating the following.
- Your spouse has been living outside of the marital home for at least one year
- You did not agree to this separation
- There was no justifiable reason for your spouse to leave
- Your spouse failed to support you, your children, and the household
The above factors can be proven by collecting financial documentation, written communications, witness testimony, and more. For more information and legal advice regarding how you can prove desertion during your divorce proceedings, reach out to a skilled family attorney at Paris P. Eliades Law Firm, LLC today.
