Legal Question in Family Law in New Jersey

Leaving husband and taking the kids

Hi, I am married & I want to leave the house we own and take our kids to an apartment when I find one. I want to know if that's considered abandonment if I vacate the house? Also, the house is in my husbands name only. Can I still get a part of the house if/when we sell it? Thanks.


Asked on 10/21/08, 4:33 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Leaving husband and taking the kids

New Jersey does not have abandonment as a ground for divorce. We have desertion for a year. In any event, it really does not matter because this is a no fault state and the ground for divorce has little to do with equitable distribution, alimony, child support and child custody.

If the house was purchase during the marriage, it is probably a marital asset and subject to equitable distribution.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 10/21/08, 4:43 pm
Robert Davies The Davies Law Firm, P.A.

Re: Leaving husband and taking the kids

You really and truly need advice from a divorce attorney before you do any such thing.

Let me summarize what SEEMS to be your situation:

Your spouse has created a painful disaster. Yours seems particularly disastrous, and particularly painful.

Very very likely, you are going to have to start a divorce. You need to solve some problems in your life and your children's lives, and a divorce is pretty much needed; that is what I understand that you are saying.

Employment, income to pay the family's expenses, is an issue.

You have kids: custody and vistation, and child support are issues.

Child support and college tuition needs to be paid. Measured in tens of thousand of dollars.

You have a house, and maybe some money saved. You have a pension plan; your spouse has a pension plan.

Go see a decent, experienced divorce attorney located reasonably near you, and have the attorney to review your situation carefully with you, and give you some guidance. A good attorney could save you thousands of dollars and a great deal of heartache, make your life more manageable, and reduce the harm to the kids. When choosing an attorney, make sure it is someone whose personality works for you, someone you can work with.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

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.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by 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.

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Answered on 10/21/08, 4:59 pm


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