Divorce is never easy, but it’s especially devastating if you’ve been abandoned without discussion or at least warning. Unfortunately, abandonment can happen, so understanding your legal options is vital. Please continue reading to learn how one spouse’s desertion will affect the divorce proceedings and why connecting with our adept Middlesex County Divorce Lawyers is in your best interest.
What is Spousal Abandonment?
To get a divorce in New Jersey, you need a legally accepted reason (ground). The state allows both no-fault and fault-based divorces. As such, if you decide to pursue a fault-based divorce, you must prove that your spouse’s actions or behavior were the reason for the breakdown of your marriage. Spousal abandonment is considered a ground for divorce, and the official term used when filing is desertion. To file on the grounds of abandonment in the Garden State, the spouse must have left the marital home for at least 12 consecutive months.
Essentially, desertion occurs when one spouse leaves the marital home without justification and during their absence doesn’t provide financial support for the family. It’s important to understand the spouse must have left without consent from the other to constitute abandonment and there should be no reasonable expectation of reconciliation. If the spouse gives permission or agrees to live separately, the act isn’t considered desertion.
How Can Abandonment Impact My Divorce Settlement?
New Jersey operates under the equitable distribution rule, which means the court will divide marital property between the spouses in a manner that is fair but not necessarily equal. Moving out of the marital home doesn’t necessarily mean you’ll lose your property rights. However, the deserted spouse can be awarded a higher portion of assets as compensation for the lack of financial support from their spouse during the desertion period.
When it comes to spousal support, the court will take various factors into account, such as the duration of the marriage, the financial circumstances of each spouse, the standard of living established during the marriage, spousal misconduct, etc. It’s crucial to understand that even when judges consider marital misconduct, it will only be one factor among many going into these decisions. If the abandonment resulted in financial hardship for the deserted spouse, it can influence the court’s decision regarding maintenance.
It’s important to note that custody decisions are not meant to punish parents for bad behavior. However, if a parent abandons their family without justification it can significantly impact a judge’s conclusions about their parental fitness. A deserting parent may find it difficult to secure custody or may be granted limited visitation rights, particularly if the court deems that the abandonment has impacted the child’s overall well-being. In some cases, the court may consider abandonment as a form of neglect, which can result in a higher child support obligation. This is usually the case if the deserting spouse leaves the family without providing financial support.
If you are going through a divorce, please don’t hesitate to contact an experienced lawyer from Arndt, Sutak & Miceli, LLC, who can help guide you through this complex process and on to a brighter future. Connect with our firm today to discuss your circumstances.
