Abandonment of Your Home or Relationship
In the world of divorce, there is an excessive amount of misinformation. It can be dizzying. But it is crucial to speak with a trusted attorney when going through your divorce. While everyone may have advice to offer on your divorce, that does not mean you should listen to it. One common misconception is that if a man or woman moves out of their home or apartment without an agreement, it can be considered abandonment. Abandonment can be a cause of action for divorce, but that has particular parameters. This is not the case for all situations, and it is essential to understand the circumstances. Family lawyers often see people believing that if they move out of their home, they could be abandoning it and, in return, will lose their rights to the house. This will NOT happen.
In the state of New Jersey, abandonment is considered a fault-based ground for divorce. The spouse alleging abandonment must prove the following 1. Living apart from your spouse for at least twelve months, 2. Your spouse did not agree or approve of the separation, 3. Your spouse did not cause the separation, 4. You did not provide monetary support for your spouse or child while not living at home. These are the parameters surrounding abandonment and what it means for the future of you and your home.
Just simply choosing to move out of your home leading up to your divorce, which is often the best choice for the sanity of both partners, does not mean you have abandoned it. You will not relinquish your rights to ask for an equitable share of the property after it is sold or to ask for a buyout. These matters are made even more urgent in the case of domestic abuse. If you or your children are victims of abuse, do not spend time worrying about whether you will qualify for an equitable share upon the sale of the property. The number one priority is the safety of you and your children.
If you are considering a divorce, currently going through a divorce, or are a victim of domestic abuse, reach out to a family lawyer today. Contact us today to see how we can help you get through this difficult time.