Family law covers various issues related to marriage. In situations where one spouse leaves the other, one question that often arises is whether you can charge a spouse with abandonment. Understanding the legal implications of abandonment is important if you’re dealing with a spouse who has left the marital home without any intention of returning.
What is abandonment?
Abandonment occurs when one spouse leaves the marital relationship with the specific intention of permanently ending the marriage and stays away for a continuous period of at least one year. It’s important to note that merely moving out of the marital home doesn’t automatically constitute abandonment. The key factor is the spouse’s clear intent to dissolve the marriage and their prolonged absence from the relationship.
Can abandonment affect divorce proceedings?
Abandonment can play a role in divorce proceedings. However, it’s not as straightforward as charging a spouse with a crime. Instead, abandonment is a form of fault in a fault-based divorce. If you can prove that your spouse abandoned you, it could potentially influence the division of property, alimony, or custody arrangements.
Proving abandonment in court
To prove abandonment in a legal setting, you need to demonstrate that your spouse deliberately left with the intention of ending the marriage and remained absent for a year or more. This could involve providing evidence that your spouse made no attempts to maintain contact, offer financial support, or return home. Proving such a claim can be difficult and may require compiling various types of documentation and testimony to substantiate your case.
Moving forward with your case
Understanding the nuances of abandonment can be crucial in divorce proceedings. While abandonment can impact the outcome of your case, it’s essential to approach the situation with a clear understanding of what the law entails. Addressing these issues properly can help protect your rights and interests.
