Legal Question in Family Law in New Jersey
Abandoned in NJ
I am a stay at home mom with no income and have a school age child. I came home from an after school activity to find my husband just took all his belongings while we were gone. Since my child was born he has staid out not come home for days my child thinks this is normal since it happens alot. This time all belongs are gone and I think its for good. I no longer want to subject my child to this anymore and want to move on but am afraid he will carry his treats out. What are my options? Can I file for abandoment and child custody since I have been the only constant in my childs life. I didn''t leave sooner because of his treats, his family is well off and I have nothing. He also holds the fact thatI suffer from anxiety and he can do what he wants.
What are my options? Any advise would greatly be appreciated.
Thanks
4 Answers from Attorneys
Re: Abandoned in NJ
You have 2 options...
1. If you do not want to file for divorce or don't have grounds for it, go to the court in the county you live in and ask for a hearing to determine custody, ask for child support & spousal support. You do need to have an address for him - home or work.
2. If you have grounds for a divorce, get an attorney. An attorney will file a divorce complaint and then ask for pendente lite relief which is basically asking the court to order temporary support (for you & child) and determine support, visitation, etc.
Get an attorney in either event!
Ana Esteves, Esq.
Re: Abandoned in NJ
You will need the Court's assistance. If you wish to end your marriage, then you will file for divorce; you will need to prove at least one of the reasons for divorce ('grounds' for divorce are set out in the NJ laws). To get custody and child support, you will need a Court order, even if you decide not to file for divorce.
You need a divorce attorney.
If you would like, give me a call. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru, and I will give you a free initial consultation.
Disclaimer: you can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: Abandoned in NJ
Hi,
You need to seek immediate representation. You have several options, whether you file for divorce or not.
If you have no income, the Court can order your husband to pay you child support and spousal support, and require he maintain the household bills, including a mortgage or rent.
But, until a Court order is in place, your husband can "do what he wants".
Please feel free to call my office and schedule a complementary consultation. Good luck.
Re: Abandoned in NJ
You are entitled to a divorced based on your statement. You can sue for divorce and seek custody of your child. You need an attorney for this.
Your husband obviously paid all of the household expenses and is required to continue doing this while the divorce is pending. In the divorce the issues of custody, child support and spousal support will be resolved and all marital property will be distributed equally between you.
If he has the financial wherewithall, your husband can be compelled to contribute to the payment of your legal fees, but you will need some money to get the ball rolling by hiring an attorney.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com