Legal Question in Family Law in New Jersey

Re: moving out of the house

Thank you for your inquiry. I do not beleive a Court will consider your leaving the marital home as "abondonment." Therefore, you wouldnot lose any rights to the marital home. However, there are a number of issues involved with the removal of the child from the marital home, that should be discussed with counsel.

As it would be my pleasure to speak to you regarding your potential divorce matter, please feel free to contact my office at 732 246 0909 to discuss same.

Very truly yours,

Edward R. Weinstein

214 Highway 18

East Brunswick, NJ 08816

Phone: 732-246-0909

Fax: 732-246-2888

E-mail: [email protected]

Web Page: www.edwardweinstein.co

Re: moving out of the house

The Courts actually encourage estranged parties to separate pending divorce. Also, either you or your husband start out with equal rights to leave with their children. If you leave with your child without the agreement of your husband, he could then apply to the Court to order a parenting plan pending litigation. This is not abandonment and dissertion requires one year of seamless involuntary separation.

Re: moving out of the house

It is called a separation. Abandonment would be the breadwinner failing to support the family. In any event, New Jersey is not particularly concerned about fault since it began to allow divorce thirty years ago based upon living separately for 18 months. You can call me at 800 273 7933, although giveyour zip code you live far from my office in Hackensack. Who knows? You might move to Bergen County or some other nearby county.