Back in 1985, a famous country music performer, Reba McEntire, released a song with the lines, “Somebody should leave…but which one should it be?” Regrettably, failed marriages like this fictional one are a sad reality for many couples in New Jersey. Before you make the decision to be the “somebody” who should leave your marital home, you owe it to yourself to consult a knowledgeable Hoboken divorce attorney. Depending of the specifics of your situation, moving out of the marital home may ultimately be the wrong decision, even if it is the less painful one in the short term.
In New Jersey prior to 2007, you often had to prove that your spouse was “at fault” before a court would give you a divorce. In some foreign countries, you still do. Abandonment is one common way to do that. Back in late November, according to a report in The Tribune, a husband in India won his divorce case after alleging that his wife left for Dubai one day in 2015, taking all her belongings with her, with no “provocation or reason,” and never came back. The judge sided with the husband, ruling that the wife failed to provide “any reasonable cause due to which she had to live separately from the” husband.
Here in New Jersey, getting a divorce in a circumstance like this can be much simpler today. New Jersey law allows spouses to pursue a “no-fault” divorce, which means that you don’t accuse your spouse of some failure, but merely allege irreconcilable differences. However, the law does still allow spouses to pursue an at-fault divorce, and one of the causes available is abandonment or desertion. This fact may give you serious pause if your marital relationship has broken down and you are considering moving out.d