Legal Question in Family Law in New Jersey

Re: Legal separation vs. abandonment

You and your husband can enter into a separation and property settlement agreement before a divorce complaint is filed with the court. The agreement will be legally binding if it is properly prepared

You should call me to discuss your legal problem.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

Re: Legal separation vs. abandonment

Several of your premises are incorrect. New Jersey does recognize separation. For instance, if you are physically separated for 18 months, you would have a cause of action for a no-fault divorce. Even people living in the same household can get a divorce, although one of the "fault" grounds would be needed, in most cases, to obtain the divorce. An important factor however, is that the cause of action for divorce has nothing to do with the manner in which child welfare issues and division of asset issues are decided. So even if he left the house (as you say "abandoned" the family), his right to have his equitable share of the assets or appropriate parenting time with his daughter is not impacted whatsoever. In fact, in New Jersey, you can get an Order of Separate Maintenance which is sometimes used by married people who, for whatever reason, do not want to get a divorce at the moment. The "rules", so to speak, of separation are set out in an Agreement (voluntarily entered into between the parties) or Court Order that the parties follow while they are separated or even while they are living in the same household. If at sometime in the future, one or both of the parties want a divorce, then that can take place, built upon the Separate Maintenance arrangement that is in place.

Obviously, this can be a complicated area and you should seek legal counsel in any case. 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 an 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, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner