Legal Question in Family Law in New Jersey

Laws on Separation

Are there any laws in NJ that view you as either ''legally'' separated or divorced if you and your spouse are apart for a given amount of time? My wife left our home in March, 2003. She left me to care for our 2 boys. She has never again stepped foot into the house. She left us to live with a boyfriend that I had no knowledge about. It has now been 53 months. Her leaving the household forced me in to bankruptcy and I am disabled from a car accident. Does NJ have any statutes on long separations? The home is under both our names. I've never divorced because I don't have the money to file and I would lose more than her.


Asked on 8/09/07, 7:34 am

1 Answer from Attorneys
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Laws on Separation

You can file for a divorce and use separation as a cause for the divorce pursuant to NJ R:2A-34.

You can also claim desertion as a cause of action.

Antoinette M. Wooten, Esq.

The Whittier Law Firm, PC

108 Washington Street

Newark, NJ 07102

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Answered on 8/09/07, 12:14 pm


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