Legal Question in Family Law in New Jersey
definition of abandonment
I left my home and my children with my husband. I left because financially he couldn't afford to and had no where to go. I see my children and speak with them all the time. I want to begin a divorce but now I am afraid that he will say I deserted the family. Can he do that? I also am wondering how to afford a lawyer since I am not working and he is the sole provider. How do you retain a lawyer and how do you require your spouse to pay for it. Thank you
1 Answer from Attorneys
Re: definition of abandonment
The concept of "abandonment" has no importance whatsoever when issues are being determined. By that, I mean that all issues [child support, alimony, equitable distribution, etc.] are decided without regard to what the cause of action is ["no-fault", "extreme cruelty", "adultery", etc.]. So he can claim anything he wants; it will not assist him in obtaining a more favorable result.
As to your question concerning legal fees, this is for the Court to determine in the final analysis and would be one of the issues that would be dealt with as part of the ultimate outcome.
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