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Old 03-11-2001, 09:25 AM
kds500
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Question

I live in N.J. and about 2 months ago, my husband came to my place of employment and told me he was leaving for space. He has not asked to come back, but he does drop off his whole check and I give him so much for 2 weeks. If this goes to divorce, did he abandon me and our 10 month son?

Thank you,
kds
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Old 03-11-2001, 10:39 AM
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Join Date: Jan 2000
Location: Los Angeles, California
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Quote:
Originally posted by kds500
I live in N.J. and about 2 months ago, my husband came to my place of employment and told me he was leaving for space. He has not asked to come back, but he does drop off his whole check and I give him so much for 2 weeks. If this goes to divorce, did he abandon me and our 10 month son?

Thank you,
kds
My response:

Under New Jersey marital laws, abandonment means that your spouse has intentionally left you without your consent and of his own accord. That is, you did not force or lock your spouse out of the house. It must also be without justification. You must also prove that your spouse had no good reason for leaving you, such as your ill treatment of him or your consent and also that your spouse left with the intention of never returning and that your spouse did not offer in good faith to return. Unjustified refusal by a spouse to have sexual relations for a full year is also considered a constructive abandonment and may also be considered cruel and inhuman treatment.

IAAL

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