Legal Question in Family Law in New Jersey

What is considered abandonment?

My wife & I are planning a divorce in the next few months, if I were to move out but continue to pay the mortgage on the house would that be considered abandonment on my part?


Asked on 12/27/05, 10:45 am

3 Answers from Attorneys

Robert Gleaner Robert A. Gleaner, P.C.

Re: What is considered abandonment?

This question is asked very often and I reply, "Abandonment for what purpose?" In NJ, the cause of action has no impact on the manner in which assets are divided, custody decisions are made, support is calculated, etc. Accordingly, even if one was deemed to have "abandoned" the marriage for the purpose of the cause of action, it impacts on nothing. On the other hand, some people hesitate to move because they feel they would lose strategic control of the way things are determined or negotiated. That may be; but it has nothing to do with legal rights. 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 Family Law attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner

Read more
Answered on 12/27/05, 11:27 am
Robert Davies The Davies Law Firm, P.A.

Re: What is considered abandonment?

The other attorney, Robert Gleaner, has given some good advice. I know and admire him.

Now, you really and truly must get a divorce attorney working for you. Find someone now. Don't try to do this for yourself any more that you would try to do surgery on yourself. Find an attorney who spends a large part of his or her time on divorce work, who is reasonably near you.

If you are near me, contact me at the address below. I would be happy to meet with you for an initial interview, for no charge.

Read more
Answered on 12/27/05, 12:01 pm
Gary Moore Gary Moore Attorney At Law

Re: What is considered abandonment?

Your moving out would constitute the beginning of your separation from your wife. You would be required to continue to provide whatever support, spousal or child support, that you usually provide until your divorce is final.

You might call me to discuss your situation and/or to make an appointment for a consultation.

Just click on my web address below to obtain my telephone number.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Read more
Answered on 12/27/05, 3:09 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New Jersey