Making the decision to end your marriage is not one that should be taken lightly. There are many reasons one or both spouses may choose to file for divorce depending on the details of the relationship. Abandonment is one of many valid reasons to begin divorce proceedings in New Jersey. For more information on how abandonment is defined, continue reading and work with an experienced Union County divorce attorney today.
Can I File for a Fault-Based Divorce in New Jersey?
While no-fault divorces are becoming increasingly popular, an individual can file for a fault-based divorce in New Jersey. A fault-based divorce is one where the termination of the marriage has come about as a result of one spouse’s actions or behavior. Generally, the spouse who files for a fault-based divorce will be required to provide evidence proving that the grounds they are filing under are accurate.
Examples of valid grounds for a fault-based divorce in New Jersey include the following.
- Adultery
- Extreme cruelty
- Drug or alcohol addiction
- Deviant sexual conduct
- Imprisonment for at least 18 months
- Institutionalization for at least 2 years
- Abandonment for at least 12 months
If any of the above is present in your marriage, you have the legal right to file for a fault-based divorce.
What is Abandonment in New Jersey Divorce Proceedings?
New Jersey law includes abandonment as a valid reason to file a fault-based divorce, but the verbiage used is “desertion.” These terms can be used interchangeably and essentially mean that one spouse has left the marriage and does not have plans to return. To file for divorce based on desertion the abandonment must have been willful and lasted for 12 months or longer.
Abandonment does not necessarily just mean that your spouse physically left you. Leaving the home without the intention of coming back, refusing to engage in emotional or sexual relations, or refusing to provide financial support can all be considered desertion.
How Can I Prove Desertion in My Divorce?
If you are filing for divorce based on your spouse’s abandonment of the relationship, it is important to understand that you are responsible for proving that you were deserted. To demonstrate this fact, you must prove the following.
- Your spouse left and has been living somewhere besides the marital home for at least one year
- You did not consent to the abandonment or separation
- You did not cause your spouse to leave and there was no justifiable reason for them to do so
- Your spouse failed or refused to support you, the household, and your children during the period of abandonment
You will be required to provide evidence proving the above before a court will grant you a divorce based on desertion. Reach out to a skilled lawyer today to learn more about your legal rights and options.
