Legal Question in Family Law in New Jersey

Re: After 18 months

hi -

even though he was the one who left, he could still file under 18-months separation. you contesting the grounds wouldn't stop the divorce. you might want to get an attorney and file a counterclaim for desertion or extreme cruelty or adultery. the assumption is that, if they're living under the same roof, they're probably committing adultery. feel free to call me at 609 263-0089 if you have any further questions. good luck !!

Re: After 18 months

Let me preface this answer by saying that although I may have sympathy for your anger about the fact that your husband has left you for another woman, the laws of the State of New Jersey really do not care much about this fact. If you prove adultery, you will have the right to get a divorce from him. In general, the fact that he cheated on you will have no impact whatsoever with how the assets are divided or on custody decisions. With that being said, in answer to your question, if the two of you have been separated for 18 months, either one of you has the right to obtain a divorce. Both of you will still need to deal with equitable distribution of property and child issues, however, without regard to the cause of action for divorce, be it adultery or 18 month separation. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since you have not retained an attorney in this case, before you take any further action, you should contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention LawGuru, there will be no charge for your first consultation. Good luck! Rob Gleaner