Legal Question in Family Law in New Jersey

Re: Seperation

This is a no fault state. This means that you need only the most minimal basis for a divorce. Most divorces are based on "extreme cruelty" which

in no fault New Jersey equals irreconciable differences although the words are never used in

court or in the divorce judgment.

You can file for divorce as soon as you like. Issues concerning children and financial issues

are paid great attention but the judges have the attitude that they will not compel someone who is

not happy to stay married.

You will have to continue to provide support in the near term; the status quo is usually maintained during the pendency of an action for

divorce. You are not required to live with your wife. You have not mentioned children. If there are children your moving out is not an offense so long as you continue to provide support.

Gary Moore, Esquire

Hackensack, New Jersey

800 273 7933

www.garymooreattorneyatlaw.com

Re: Seperation

So long as you have legal grounds for a divorce, your wife cannot prevent it. The most common ground is irreconcilable differences. In order to divorce for this reason the parties have to be living separate and apart for 18 continuous months. The other most common ground is cruelty, which is any action or conduct that makes it unreasoable to remain together as husband and wife and the last act complained of must be three months before the filing of the complaint.

If you move out you should send her a letter or have an attorney send a letter confirming why you are moving out so it is not construed as desertion. If there are children, you must continue to support them. Any bills for the house are your responsibility to the extent that you paid them in the past. You should probably see an attorney to protect your rights. If I can be of help, please call.

Bernard Berkowitz

973-808-2003