In New Jersey, spouses can end their marriages without admitting fault. However, when one spouse leaves the other, the legal concept of abandonment can still play a significant role in the divorce process. Abandonment can affect crucial decisions like child custody and alimony, making it essential to understand what it means and how it impacts divorce proceedings.
What is Marital Abandonment?
Marital abandonment occurs when one spouse leaves the other without justifiable reason, and the separation is not mutual. However, not every departure from the family home qualifies as abandonment.
It is important to understand that while a person may choose to leave the home, it does not necessarily constitute abandonment. The context, such as whether the departure was involuntary or caused by abuse, plays a key role in determining if abandonment is valid.
Types of Abandonment in New Jersey
Marital abandonment can take different forms, each of which can have different implications for divorce and custody:
- Desertion: Desertion is when one spouse leaves the home without a valid reason and does not plan to return. This type of abandonment is considered a legal ground for divorce in New Jersey if the spouse has been gone for at least 12 months. If the absent spouse returns, the 12-month period resets.
- Constructive Abandonment: This occurs when one spouse leaves because the other spouse makes it unbearable to remain in the home. This could be due to abuse (physical or emotional), cruelty, or other serious issues.
- Lockout Abandonment: This form of abandonment happens when one spouse changes the locks to the home, preventing the other spouse from returning. If one spouse is essentially locked out of the home, it can be seen as a deliberate act of abandonment.
- Emotional Abandonment: In this case, one spouse withdraws emotionally from the marriage, often refusing to maintain an emotional or physical connection. This could include neglecting marital duties or failing to care for the emotional needs of the other spouse. While emotional abandonment does not always meet the legal threshold for divorce, it can still impact the proceedings.
- Economic Abandonment: Economic abandonment occurs when one spouse ceases contributing financially to the household. This may include withholding money, cutting off access to joint accounts, or failing to support the family in any way. If one spouse leaves and fails to support the family financially, it may be grounds for claiming abandonment.
- Criminal Abandonment: In extreme cases, when one spouse leaves the other without providing care for minor children or dependent individuals, it could result in criminal charges. If a spouse leaves behind children or a partner who requires ongoing assistance (e.g., due to illness), this could lead to criminal abandonment, which may carry legal consequences beyond divorce proceedings.
Consequences of Marital Abandonment
While abandonment may not directly affect the division of property in a divorce, it can have a significant impact on other aspects of the case, including child custody and spousal support:
- Child Custody: In New Jersey, the primary consideration in custody cases is the best interests of the child. A parent who has abandoned the family home or failed to provide emotional or financial support may be seen as less reliable and less able to care for the child. A judge may favor the parent who has remained with the children and provided stability during the separation.
- Spousal Support (Alimony): Abandonment can also play a role in determining alimony. If one spouse leaves the other without financial support, the court may view this as a factor in awarding spousal support. A judge may be more likely to grant alimony to the spouse who remained in the home and was left in a difficult financial situation.
Get Legal Advice from the Marlton Divorce Lawyers at Burnham Douglass
The Marlton divorce lawyers at Burnham Douglass can help guide you through the legal process and protect your rights. Call 856-751-5505 or contact us online for a free consultation. Located in Marlton and Northfield, New Jersey, we serve clients in South Jersey, including Marlton, Evesham Township, Cherry Hill, Camden County, Burlington County, Northfield, and Atlantic City.