Legal Question in Family Law in New Jersey

Re: abandoment

I am often asked about this issue. People seem to think that whoever leaves loses. This is not true. Until a Court orders otherwise, or until agreement of the party, both parties have equal rights to have access to the house and have equal obligations to care for same. From a practical matter, the one who leaves may have a harder time with some issues - such as establishing where some personal property was if it "disappears" or obtaining documents. But the legal rights do not change.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly 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 it appears that you have not retained an attorney, you may want to contact a NJ Family Law attorney to discuss your matter in more detail. Only then will you be able to rely on the advice. Good luck! Rob Gleaner

Re: abandoment

Just because she left doesn't mean that you have any more right then you do. She is permitted to come and go as she pleases. The more important issue is that it sounds like you guys may be getting divorced and it is always better to be a plaintiff then a defendant. I strongly suggest you at least meet with an attorney to discuss your options and your rights. My consultations are always free so call me at 732/247/3340.

Good luck!