Toms River Abandonment Lawyer

When one spouse walks away from the marriage, physically, emotionally, or financially, the other partner can struggle to keep life together. In New Jersey, this type of desertion may not only feel deeply unfair, but it could also qualify as legal abandonment, a fault-based ground for divorce.

Proving abandonment in a New Jersey divorce isn’t simple. It involves meeting specific legal criteria, and doing so effectively may influence the court’s decisions about alimony, child support, and property division. That’s why working with an experienced lawyer who understands these cases’ legal and emotional stakes is crucial.

At Zeigler Law Group, LLC, we provide strong and compassionate representation to spouses navigating the aftermath of desertion. If your spouse has left you and failed to provide support, Toms River abandonment lawyer Sonya K. Zeigler, Esq. can help you assert your rights and plan a path forward.

What Is Abandonment in New Jersey Divorce?

In legal terms, abandonment (also called desertion) refers to one spouse leaving the marital relationship without justification and failing to return or provide support for a significant period of time. In New Jersey, abandonment can be used as grounds for divorce, but certain conditions must be met.

To learn more about how New Jersey courts view abandonment and what it may mean in your divorce, read our blog: Abandonment: What Does It Mean in a New Jersey Divorce?

What Are the Legal Requirements to Claim Abandonment?

If you want to file for divorce in New Jersey on the grounds of abandonment, the law requires that you demonstrate the following:

• Twelve Months of Continuous Desertion: Your spouse must have left the marital home and remained away for at least one uninterrupted year.
• Without Your Consent: You must show that you did not agree to the separation or force your spouse to leave.
• No Justifiable Reason: Your spouse must have left voluntarily and without valid cause, such as abuse or mistreatment.
• Lack of Support or Communication: During the separation, the spouse must have ceased contributing financially and emotionally to the marriage.

If these elements are not clearly established, the court may reject abandonment as a basis for divorce. A skilled lawyer can help you gather the documentation and testimony needed to support your case.

Are There Different Forms of Abandonment?

Yes. While New Jersey law doesn’t formally separate abandonment into types, certain patterns of conduct may still qualify under the broader definition of desertion. These include:

• Constructive Abandonment: Constructive abandonment occurs when a spouse is forced to leave the home due to abuse, extreme cruelty, or intolerable living conditions. In these cases, the person who left is not considered at fault. Instead, the court recognizes that remaining in the home would have been harmful or unsafe.
• Physical & Emotional Abandonment: Abandonment can involve physical absence and complete withdrawal of emotional and financial support. A spouse may still live in the same home but fail to engage in the relationship meaningfully, though this may be harder to prove legally as “desertion.”
• Denial of Entry: Depending on the circumstances, changing the locks, blocking access to shared property, or otherwise preventing a spouse from returning home could also support an abandonment claim.

What Impact Does Abandonment Have on Divorce Outcomes?

While fault-based divorce is no longer required in New Jersey (you can file on no-fault grounds such as irreconcilable differences), proving abandonment can still affect the court’s decisions in key areas:

• Alimony (Spousal Support): If one spouse deserts the other and leaves them in financial distress, the court may consider that a factor when determining whether, and how much, alimony should be awarded. A spouse who walks away from their marital obligations may end up paying more in support.
• Child Custody and Support: Abandonment may weigh heavily in custody decisions, especially if the deserting parent has not maintained a relationship with the child or failed to provide financial support. Courts in New Jersey prioritize the child’s best interests, and a prolonged absence can significantly reduce a parent’s chances of receiving shared or primary custody.
• Property Division: New Jersey follows equitable distribution, meaning property is divided fairly, not equally. If one spouse abandons the home or stops contributing to household expenses, the court may adjust the division of assets to reflect that imbalance.
• Divorce by Default: If a spouse disappears and cannot be located, the court may allow the case to proceed by default, meaning the divorce can be finalized without the other party’s input. This can streamline the process for the abandoned spouse, but it still requires careful legal handling.

Can You Still File for Divorce If You Do Not Qualify for Abandonment?

Yes. Even if your situation doesn’t meet the strict requirements for abandonment, you can still pursue a no-fault divorce under New Jersey law. The most common no-fault ground is irreconcilable differences, which requires only that the marriage has broken down for at least six months with no chance of reconciliation.

In many cases, no-fault divorce may be easier to prove and less emotionally draining than pursuing a fault-based claim. However, if your spouse’s abandonment has caused serious harm—financial or otherwise—pursuing fault grounds may strengthen your position in negotiations or court proceedings.

An experienced lawyer can help you choose the best approach based on your circumstances.

How a Toms River Lawyer Can Help

Dealing with abandonment can be devastating, especially when it leaves you financially vulnerable, emotionally distressed, or caring for children alone. At Zeigler Law Group, LLC, we understand the complexity of these cases and work closely with clients to ensure they’re not left to navigate the legal system alone.

A Toms River abandonment lawyer will take the time to:

• Assess whether your case qualifies as legal abandonment.
• Explore your options for fault-based or no-fault divorce.
• Collect and present evidence to support your claims.
• Advocate for your rights during settlement negotiations or court hearings.
• Protect your financial stability, parental rights, and long-term interests.

Talk to a Toms River Abandonment Lawyer at Zeigler Law Group, LLC Today

Whether your spouse walked out without warning or drove you away through mistreatment, you don’t have to go through this alone. At Zeigler Law Group, LLC, we provide compassionate and experienced legal support for clients facing the emotional and financial fallout of marital abandonment. Call 732-361-4827 or contact us online to schedule a free consultation with a Toms River abandonment lawyer. Located in Toms River, Red Bank, Princeton, and Mount Laurel, New Jersey, we serve clients in Ocean County, Monmouth County, Mercer County, and Burlington County.