When one spouse suddenly leaves a marriage and does not return, the spouse who remains often struggles with confusion, emotional pain, and financial uncertainty. In New Jersey, this situation may legally qualify as marital abandonment. Spousal abandonment in marriage can be grounds for a fault-based divorce – and it can play a significant role in the case’s outcome.
At Russell Law Divorce & Family Lawyers, we help clients understand abandoned spouse rights and guide them through the process of securing their futures through an abandonment divorce in New Jersey. Contact us today at (732) 726-6236 to arrange a consultation.
What Is Considered Abandonment in a Marriage?
Under New Jersey law, marital abandonment (desertion) occurs when one spouse willfully leaves the other without justification, consent, or intent to return. This involves more than spending time apart. Desertion indicates a clear decision to cut off the other spouse and forego all marital responsibilities.
To be considered marital abandonment, the spouse must:
- Leave the marital home without a justifiable reason or the other spouse’s consent
- Stay gone for at least one full year
- Fail to provide financial support or maintain marital duties
- Demonstrate an intention not to reconcile or return
Abandonment in marriage leaves the remaining spouse to take on all burdens of the marriage, including mortgage payments, bills, housekeeping, and sometimes even childcare. However, New Jersey courts take these cases seriously and may consider the abandonment when determining alimony, child support, child custody, and other terms.
Types of Marital Abandonment Recognized in New Jersey
Not all abandonment cases look the same. New Jersey courts recognize different forms of desertion, each with distinct legal implications. Those forms include:
Physical Abandonment
When one spouse physically leaves the marital home and does not return, it may be considered desertion. This often means they pack their belongings, sever contact, and show no intent to reconcile with the other spouse.
Constructive Abandonment
Constructive abandonment occurs when a spouse remains in the marriage but fails to fulfill essential marital obligations. This can include:
- Withholding intimacy or affection
- Refusing to provide financial support
- Failing to meet household or parental responsibilities
While physical desertion is a clearer, more obvious form of marital abandonment, constructive abandonment is essentially the same. It effectively ends the marriage in every way other than the couple living under the same roof.
Financial Abandonment
When one spouse withdraws financial support from the other, it may qualify as marital abandonment, even if they have not physically left the marriage. This can involve refusing to contribute to household expenses, basic living needs, or childcare. The significant hardship this often places the other spouse under is typically taken into account during divorce by abandonment proceedings.
How Long Does a Spouse Have to Be Gone for Abandonment?
Under New Jersey law, abandonment must typically continue for at least 12 consecutive months to qualify as valid grounds for divorce. This means the deserting spouse must be absent, without justification or consent from the other spouse, for a whole year before you can allege abandonment in a divorce complaint.
It is important to note that temporary separations do not qualify as abandonment. The clock resets if the couple starts living together again at any point. It also does not count if both spouses agreed to the arrangement or the absence was for a valid reason, such as military service, work obligations, or abuse. The absence must be unjustified, intentional, and continue for at least 12 consecutive months to qualify as legal abandonment.
How to File for Abandonment of Marriage
Filing for divorce by abandonment in New Jersey requires the following steps:
- Consult an attorney. Before you file, speak with an experienced New Jersey divorce attorney and let them evaluate your situation to determine whether abandonment applies to your case. This can save you time, prevent unnecessary stress, and help you seek a favorable outcome in your divorce proceedings.
- Prepare a complaint for divorce. Your attorney will draft and file a Complaint for Divorce with the Superior Court of New Jersey. The complaint will list desertion as the legal grounds for the divorce if your attorney determines the criteria are met.
- Serve the spouse. After the complaint is filed, the deserting spouse must be formally served with divorce papers. This can be difficult if the spouse’s whereabouts are unknown, but divorce lawyers have several methods for locating them and serving the papers.
How to Prove Abandonment in Your NJ Divorce Case
To prove desertion, you will need to show the court clear evidence that your spouse left the marriage for 12 consecutive months without justification or your consent. Depending on the circumstances of the case, proof of this may include:
- Testimony from you about when and how the spouse left
- Witness accounts from neighbors, relatives, or friends
- Financial records proving the spouse stopped contributing
- Communications showing the spouse does not intend to return
- Unpaid bills, neglected childcare costs, and other evidence of a lack of support
A skilled divorce attorney from Russell Law Divorce & Family Lawyers will listen to your story, ask important questions, review your evidence, and determine whether you have a valid argument for abandonment. If you do, your attorney can begin building a compelling case using the above evidence to present to the judge.
We can also explain your legal options and paths toward divorce, even if you do not have an abandonment case. New Jersey allows for no-fault divorce, in which you do not have to prove that the other spouse caused the divorce. Either way, our team is ready to help you move on – and on your own terms.
Talk to Our New Jersey Divorce Attorneys Today
When you need help proving abandonment in your New Jersey divorce case, the team at Russell Law Divorce & Family Lawyers can be there to guide you. We have over a century’s worth of combined experience helping clients protect their rights and secure their futures in abandonment divorce cases.
Our reputation for excellent results is backed by a long list of five-star reviews from satisfied clients, such as Tsipi F.:
“Joe was extremely professional and knowledgeable throughout the whole divorce process. Joe also showed real compassion, he was honest, practical, patient and very responsive to all my questions and needs, which made the difference, and this difficult time much more bearable. I could rely and trust his advice thus would highly recommend Joe to my friends and family!”
You do not have to face this challenging period on your own. Our team offers compassionate support and fierce representation as you begin this new chapter of your life. Contact us today at (732) 726-6236 or complete our contact form to schedule your consultation.