Spousal abandonment - Child custody

[Proud_parent007]

Jurisdiction

New Jersey

My wife is a homemaker, we have 3 children from 12 years of marriage. Now my wife decided to move out of country leaving children behind and has no intention of returning. She will be gone in December. She is willing to do this separation amicably at present. But I don't trust her how things will turn out in future.

Before she moves out what measures should I take so I could have a strong case for abandonment and get sole custody of kids and rights on joint property.

Thanks in advance

 

[mightymoose]

First step- visit a family law attorney.
You need to go over these details with someone who has the time to go over everything with you. This is not a self-help matter.

 

[zddoodah]

Before she moves out what measures should I take so I could have a strong case for abandonment and get sole custody of kids and rights on joint property.

Not sure I really understand your question. You told us that she's going to "move out of [the] country [and] leav[e] [the] children behind and [with] no intention of returning." You didn't say which country she's moving to, but she'll be a minimum of several hundred miles from New Jersey, and if she's leaving the kids with you and never returning, then what would make you think you wouldn't have "sole custody"?

As far as "a strong case for abandonment," I'm not sure what you mean by that. New Jersey has several fault-based grounds for divorce (as well as two "no fault" grounds). Abandonment is one of them (it's actually called willful desertion), but there isn't anything you can do in that regard. It simply requires that she be gone for 12 months or more.

I also don't know what you mean by "rights on joint property." In New Jersey, in the absence of a property settlement agreement, the court will divide marital property in a manner that it determines to be equitable.