In accordance with New Jersey law, spousal abandonment, also known as desertion, happens when one spouse leaves the marriage without justification and the consent of the other spouse. Abandonment can impact divorce proceedings, including matters like alimony, property division, and child custody
What Is Spousal Abandonment in New Jersey?
Under New Jersey divorce law, abandonment occurs following “willful and continuous desertion.”
What Conditions Must Exist for Abandonment to Occur?
In order to be considered abandonment, the New Jersey courts require:
- One spouse to leave the marriage
- No justification is provided
- No spousal consent is provided
- No reasonable expectation or reconciliation exists
- The abandoning spouse fails to uphold their marital obligations
Courts in New Jersey will examine if the separation reflects the intentional abandonment of the marital relationship.
Is Abandonment Grounds for Divorce in New Jersey?
Yes, in New Jersey, abandonment is a recognized fault-based ground for divorce.
How Long Must Abandonment Last Before Filing for Divorce?
In most instances, abandonment must last for at least 12 consecutive months before the abandoned spouse can file for divorce citing these grounds.
Does Reconciliation Impact the Abandonment Period?
Yes, if the spouses reconcile during the 12-month period, the abandonment timeline may restart. This is because New Jersey courts generally require continuous abandonment before granting a divorce on the grounds of fault.
Does Leaving the Marital Home Automatically Constitute Abandonment?
No, leaving the marital home in New Jersey does not automatically warrant grounds of abandonment in accordance with New Jersey law.
When Can Leaving the Marital Home Be Justified?
New Jersey may consider leaving the marital home justified when:
- Domestic violence occurs
- The living conditions are unsafe
- Abuse is present
- There is a serious marital conflict
- The court orders separation
- The purpose is to protect a child
As such, New Jersey courts will examine the circumstances surrounding a separation before determining if abandonment occurred.
Does Abandonment Impact Property Division in New Jersey?
Abandonment may potentially affect property distribution during a New Jersey divorce in accordance with the state’s equitable distribution standards in accordance with N.J.S.A. 2A:34-23.1.
Can Abandonment Impact Equitable Distribution?
Yes. While abandonment itself does not automatically award a spouse a larger share of assets or marital property, the New Jersey courts will consider the financial circumstances of the desertion.
What Financial Factors Do New Jersey Courts Consider?
During the distribution of property process, the courts may consider the following factors specifically related to abandonment:
- Lack of financial support
- Undue economic hardship
- Financial misconduct
- Willful or wasteful dissipation of marital assets
- Each spouse’s financial and domestic contributions to the marriage
- The independent financial circumstances of each spouse
New Jersey courts may consider abandonment if it results in financial hardship for the abandoned spouse.
Can Abandonment Affect Alimony Awards in New Jersey?
Potentially, as in New Jersey, alimony determinations may be impacted by financial hardship or negative impacts caused by the separation.
What Factors Do New Jersey Courts Consider When Awarding Alimony?
In New Jersey, the courts may evaluate:
- The length of the marriage
- The standard of living established during the marriage
- Domestic and financial contributions to the marriage
- Economic hardship caused by the divorce
- The income and earning capacity of each spouse
Does Abandonment Automatically Increase Alimony?
No, abandonment alone does not warrant an automatic increase in alimony obligations. New Jersey courts prioritize fairness and the economic impact of divorce when determining alimony awards.
Can Abandonment Impact Child Custody in New Jersey?
Yes, child custody may be impacted by abandonment, especially when the parent unexpectedly leaves the family or fails to maintain an active role in the child’s life.
How Does Abandonment Affect Custody Decisions?
When determining custody, New Jersey Courts consider:
- Lack of parental involvement
- Failure to provide support
- The emotional impact of the abandonment on the child
- Concerns about the abandoning parent’s stability
What Standard Does New Jersey Use in Custody Cases?
In New Jersey, the court adheres to the “child’s best interests” standard when determining custody matters. This requires the court to prioritize the overall health, safety, well-being, and stability of the child.
New Jersey courts will evaluate the impact of the abandonment in conjunction with these factors under N.J.S.A. 9:2-4.
When Should You Speak with a New Jersey Divorce Lawyer?
If you are going through an abandonment-related divorce in New Jersey, it is in your best interest to contact the team at Paone, Zaleski, & Murphy. We understand the implications these matters can have, which is why we will help you fight for the best possible outcome.
