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Facing Divorce

Discussion in 'Divorce, Separation, Annulment' started by JeaBred, Dec 9, 2002.

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  1. JeaBred

    JeaBred Law Topic Starter New Member

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    I just read one of the worst mistakes a Dad can do when facing divorce, is to move out of the marital home. I plan on filing for divorce and for custody of my four yr old son and hate the thought of being without him, even for a short period of time. (NJ law says I can't take him from his mother) I'm not sure I can live in the same house with my son's mom, but if it helps to get me custody of my son, I will! Is it true you must be legally separated for 18 mos. before you can file for divorce? If I stay in my home, does that count?
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    No-Fault: Living separate and apart for 18 months and no reasonable prospect of reconciliation. [New Jersey Statutes Annotated; Title 2A, Chapter 34-2].

    General: (1) Adultery; (2) imprisonment for 18 months; (3) unnatural sexual behavior before or after marriage; (4) alcoholism and/or drug addiction; (5) confinement for incurable insanity; (6) willful desertion for 1 year; (7) cruel and inhuman treatment; (8) separation for 2 years caused by confinement for mental illness; and (9) extreme cruelty. [New Jersey Statutes Annotated; Title 2A, Chapter 34-2].

    My understanding is that "living separate and apart" means in different residences. Yes, I can appreciate the problem...
     

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