Legal Question in Family Law in New Jersey

The Defintion of Desertion

Hi,

Is it true that 'Desertion' when filing for a 'fault' divorce means no sex for 12 months? I always thought 'Desertion' only meant when the other spouse leaves, but I was recently told differently. I'm asking because my husband moved out almost 3 months ago (he stills pays the bills and sees the kids)but there was also no sex for over 12 months. I see no reason for seperation, only divorce since there will be no reconciliation.

Thank you.


Asked on 3/11/04, 4:37 pm

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: The Defintion of Desertion

Twelve months of no sex is grounds for divorce whether it is called desertion or extreme cruelty. Extreme cruelty has been reinterpreted by the courts of New Jersey to be equivalent to irreconcilable differences.

You should call me for a free, initial consultation.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

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Answered on 3/11/04, 4:59 pm


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