What is Considered Abandonment in a Divorce in New Jersey?
Posted March 20th, 2025.
Categories: Blog.
When discussing the topic of divorce, abandonment refers to one spouse leaving the other without just cause and with no intention of returning. If you are filing for divorce, understanding the various grounds and their implications is essential in protecting your rights and legal options. You must work with an experienced attorney during your divorce. Contact family lawyer Mark S. Guralnick to discuss your situation and obtain skilled representation.
What is a Fault-Based Divorce?
New Jersey offers both no-fault and fault-based divorces to couples depending on the specific details of the relationship. A fault-based divorce is a type of divorce where one spouse claims that the other spouse’s behavior or wrongdoing is the main reason for the breakdown of the marriage. In a no-fault divorce, neither party needs to prove wrongdoing. Instead, the reason for divorce is generally irreconcilable differences.
In a fault-based divorce, however, one spouse is required to provide evidence of their partner’s actions that justify the reason for the termination of the marriage. In New Jersey, the valid grounds for a fault-based divorce include adultery, cruelty, substance addiction, imprisonment, deviant sexual conduct, institutionalization, and desertion (abandonment).
What is Considered Abandonment in a Divorce in NJ?
New Jersey allows desertion, or abandonment, to be used as a reason for a fault-based divorce. When two people get married they are entering into a contract to fulfill certain responsibilities and commitments to one another. When one spouse moves out of the marital home and leaves the other it is a breach of the marital contract and signifies a decision to leave the marriage without permission or consent from the other party.
In New Jersey, desertion as a reason for divorce occurs when one spouse leaves the home for at least 12 months and displays no intent of coming back and repairing the relationship. Other actions can be considered abandonment, like withdrawing emotionally or refusing to financially support the household or children.
How to Prove Abandonment
Although desertion is a valid reason to file for a fault-based divorce, it is important to remember that the filing spouse is required to provide evidence and prove that their spouse abandoned them. To prove abandonment during a divorce, the filing spouse must demonstrate that the other spouse:
- Left the marital home without consent from the other spouse
- Remained away for a period of at least 1 year
- Had no reasonable cause for leaving
- Showed no intention of returning or reconciling the relationship
The time frame of 1 year is crucial when using abandonment as a ground for divorce. If the spouse left for only 8 months or left for a few months then came back and left again for a few months, a court will not likely accept this reason for the termination of the marriage.
For more information reach out to an experienced family lawyer at the Law Offices of Mark S. Guralnick today.
