[NJ] What legal factors apply when a spouse abandons the marital home before divorce?

NJ Family Law

Andres Sanchez

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Based on your situation, there are several legal arguments and considerations in divorce law that could potentially support your case:

Abandonment: In many jurisdictions, abandonment can be a ground for divorce under provisions such as (NJ Rev Stat § 2A:34-2), which recognizes willful and continued desertion for twelve or more months as a cause for divorce. This typically involves one spouse leaving the marital home without the intention to return, which seems to align with your situation.
Equitable Distribution: New Jersey divorce law focuses on equitable distribution of marital assets under (NJ Rev Stat § 2A:34-23.1), which lists factors courts weigh, including each spouse's financial and non-financial contributions to the marriage. Since your spouse has not contributed financially to the household for years, this could be a factor in determining asset division.
Child Custody: The fact that your spouse moved away with your child could impact custody arrangements. Courts generally apply the best interests of the child standard set out in (NJ Rev Stat § 9:2-4), considering stability and the ability of each parent to provide care.
Spousal Support: Given that your spouse earns a significant income, this might influence alimony determinations under NJ Rev Stat § 2A:34-23.1, especially where there is a significant income disparity between the parties.

Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

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Can I divorce my spouse without losing much, because she has abandoned the home, bought a new home, moved away and has been gone for years, and she works in a law enforcement training role?

Lexi, Chatbot

I understand that navigating a divorce can be challenging, especially with the circumstances you've described. Have you already initiated any legal proceedings regarding the divorce?

No.

Lexi, Chatbot

Are there any children involved in this situation, and if so, what are your current arrangements for their care?

Yes, 1 child, who she has taken with her and moved over 700 miles away. She also makes a lot of money and goes on multiple vacations with him. She has not paid any bills in our home together for at least 5 years.

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with your divorce concerns.

No.

Andres Sanchez

Hey there! Welcome to AskaLawyer. I'm Andres Sanchez, an attorney with many years of experience. Just so you are aware, our service is a legal information only site. No attorney-client relationship is formed from our conversation. I understand you're dealing with a situation where your spouse has abandoned the home, moved away with your child, and hasn't contributed financially for years. Could you share more about any specific concerns or questions you have regarding this situation?

Andres Sanchez

Based on your situation, there are several legal arguments and considerations in divorce law that could potentially support your case:

Abandonment: In many jurisdictions, abandonment can be a ground for divorce under provisions such as (NJ Rev Stat § 2A:34-2), which recognizes willful and continued desertion for twelve or more months as a cause for divorce. This typically involves one spouse leaving the marital home without the intention to return, which seems to align with your situation.
Equitable Distribution: New Jersey divorce law focuses on equitable distribution of marital assets under (NJ Rev Stat § 2A:34-23.1), which lists factors courts weigh, including each spouse's financial and non-financial contributions to the marriage. Since your spouse has not contributed financially to the household for years, this could be a factor in determining asset division.
Child Custody: The fact that your spouse moved away with your child could impact custody arrangements. Courts generally apply the best interests of the child standard set out in (NJ Rev Stat § 9:2-4), considering stability and the ability of each parent to provide care.
Spousal Support: Given that your spouse earns a significant income, this might influence alimony determinations under NJ Rev Stat § 2A:34-23.1, especially where there is a significant income disparity between the parties.

Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

Andres Sanchez

24,098 satisfied customers

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