Desertion and Abandonment in Divorce

Abandonment of the marriage

If a person is involved in abandonment, they may leave the other spouse without asking permission. They could even be in an adulterous relationship that ends the marriage before it ends. Other factors can be considered before the spouse is entitled to a divorce. For abandonment to take place, it is usually more complicated than simply the spouse leaving their home. Most states require that the spouse be away from their home for at least one year. The spouse stays home and tends to take care of all other responsibilities, including paying the bills and caring for any children.

Factors of abandonment

Additional factors can lead to a divorce if the spouse is absent from their home for more than a year. To have a relationship, both spouses must agree to it. A spouse who leaves could also not pay support or provide financial assistance for the children or household. Some people may decide to leave their homes because they are unable to get a divorce. They will try to find a way in the state to do this. This can lead to adverse reactions if there are children in the marriage, or if certain assets and liabilities are involved.

The History of Abandonment

When a spouse leaves the marital property without consent, called abandonment or desertion in certain states, they are usually absent from the state for at least one year. Many other factors can lead to infidelity, divorce, or new relationships. Some people leave their property to start over. Some people leave their spouse to escape from their partner for one reason or the other. Sometimes situations can appear to be abandonment, but they are not.

The Escape

When one spouse is trying to end a bad marriage, abandonment is more common. Instead of confronting the other person and seeking a divorce this way, he/she will leave the property and let that party seek a separation because of the long period. The court may consider the time of the abandonment to be a separation even though it is not a separation. However, if the court has met all requirements for the divorce to begin, the court could use this time as the separation time. This may be used by the spouse to escape from the other spouse in the marriage. He or she may provide explanations.

Exceptions to Abandonment

There are some exceptions to the rule that could lead to divorce, but they are not abandonment and desertion. It all depends on the state of the situation. The spouse or spouse can leave the home without being considered abandonment or deserting if there is an immediate threat of danger, domestic violence, child abuse or neglect, or similar acts that are occurring in the home. These situations often occur with an order of protection, restraining, or emergency custody order. For domestic violence and abuse cases, the person who is leaving can contact law enforcement.

What abandonment is not

If a person leaves a property but continues to live there, they may not abandon or abandon it. This applies if the circumstances involve separation, trial, permanent effects on the marriage, or the initial stage of a divorce. These situations are not grounds for abandonment and the person may leave the property with no permission or communication. A judge may decide that the spouse abandoned the marriage and the person left the home without these elements. If the state laws support the decision, the judge may grant a divorce on these grounds.

Legal Support for Desertion or Abandonment

A lawyer will be needed to help the spouse who is facing another person leaving the home. The family law lawyers surrey will support the spouse by filing for a valid divorce.