While divorce is never easy, the added layer of spousal abandonment can significantly exacerbate the emotional distress, as the discovery of a spouse leaving the marital home without explanation can be devastating. These circumstances are not ideal, however, understanding your legal options and the impact that abandonment can have on the outcome of your divorce proceedings is vital. Please continue reading as we explore what you should know about these matters and why connecting with our skilled Monmouth County Divorce & Separation Attorneys is in your best interest.
What is Spousal Abandonment?
Under New Jersey law, spousal abandonment occurs when one spouse leaves the marital home without the consent of the other. This action is also referred to as willful and continued desertion. It’s important to note that the deserting spouse must have left without any justifiable reason, and there is no reasonable expectation of reconciliation to constitute abandonment. Additionally, if the abandoned spouse did not consent, initiate, or coerce the other’s decision to leave the marital home, and during that time the other didn’t provide financial support for the family they left behind, it continues abandonment.
In New Jersey, abandonment is considered a ground for divorce. To file for divorce on these fault grounds, the abandonment must have been for at least 12 consecutive months. It’s important to note that if you reconcile at any point during this period, the clock will reset.
How Can Abandonment Impact My Divorce Settlement?
When you file for divorce on the grounds of abandonment in New Jersey, it’s important to understand that it can impact your settlement. New Jersey is an equitable distribution state which means that the court will divide marital property between the spouses in a manner that is fair but not necessarily equal. Although spousal abandonment doesn’t automatically entitle a deserted spouse to a larger share of the marital property, the court may consider the circumstances surrounding the desertion when deciding. For instance, a judge may award the abandoned spouse a higher portion of the assets as compensation for the lack of financial support from their spouse during the desertion period.
When it comes to alimony, the court considers numerous factors, including the duration of the marriage, the financial circumstances of each spouse, the standard of living established during the marriage, and more. While spousal abandonment doesn’t impact the length of the marriage, if the abandonment resulted in financial hardship for the deserted spouse, the court can consider this when determining spousal maintenance.
Furthermore, New Jersey courts generally believe that it is in a child’s best interest to maintain a relationship with both parents. However, if one parent has left the family, this could influence the court’s decision on custody arrangements, particularly if the court deems the abandonment has impacted the child’s overall well-being.
At Paone Zaleski & Murphy, we are prepared to guide you through this complex process and fight for the best possible outcome for your case. Connect with our firm today to learn how we can assist you during these tough times.
