The breakdown of a marriage is a difficult and emotionally taxing experience. One of the grounds that can be cited in a divorce is abandonment, sometimes referred to as desertion. JC Law is here to provide you with a clear understanding of abandonment in the context of divorce proceedings.
What is Abandonment?
Abandonment, or desertion, occurs when one spouse leaves the marital home without notice, warning, or the consent of the other spouse. In most cases, this departure is intentional, signifying a clear intention to end the marital relationship.
Reasons for Abandonment
There are various reasons why a spouse might choose to abandon their partner. Some common motivations include:
- Irreconcilable Differences: The spouse may feel that the differences between them and their partner are too significant to overcome, leading them to believe that the marriage cannot be salvaged.
- Infidelity: A romantic involvement with another person can prompt a spouse to leave the marital home and pursue a new relationship.
- Desire for a Fresh Start: The spouse may yearn for a new beginning, feeling suffocated by the existing family dynamic and seeking a change of scenery.
- Need for a Break: In some instances, a spouse may feel overwhelmed by familial obligations and believe they need a temporary respite from their family.
Is Abandonment Illegal?
Abandonment, in and of itself, is not a criminal offense. However, it can have significant legal ramifications in the context of divorce proceedings. If your spouse abandons you, it could be used against them as grounds for divorce. The court will consider the reasons for the abandonment and the length of time it has persisted to determine whether desertion can be used as a valid reason to end the marriage.
Abandonment as Grounds for Divorce
- Absolute Divorce: In many jurisdictions, abandonment can be cited as grounds for an absolute divorce. An absolute divorce is final and legally terminates the marriage. To successfully use abandonment as grounds, you must demonstrate specific conditions, as detailed below.
- Limited Divorce: Abandonment cannot be used as grounds for a limited divorce. A limited divorce is a temporary separation that allows couples time to address their issues or get their affairs in order before pursuing an absolute divorce.
Constructive Desertion: When Staying is Abandonment
In some circumstances, a spouse’s actions within the marital home can be so unbearable that they effectively force the other spouse to leave. This is known as constructive desertion.
- Abusive Behavior: If a spouse engages in cruel, vicious, or abusive behavior towards their partner, children, or other household members, the abused party may be justified in leaving the marital home.
- Grounds for Divorce: Continued abusive behavior by one spouse can be considered constructive desertion and can serve as a valid reason for seeking a divorce.
- Best Interests of Children: The well-being of children is paramount. No child should be subjected to cruelty, verbal abuse, or physical abuse. Children have the right to feel safe and secure in their own home, free from the harmful behavior of either parent.
Using Abandonment as Grounds for Divorce: Key Conditions
You can cite abandonment as a reason for seeking a divorce, but certain conditions must be met:
- Irreconcilable Differences: You must demonstrate that there is no reasonable chance of reconciliation or resolution of the issues that led to the separation.
- Physical Separation: You and your spouse must have ceased living together as a couple. The abandoning spouse must have physically left the marital home and established a separate residence.
- Non-Consent: You, as the abandoned spouse, must not have consented to the desertion. You should not have encouraged or agreed to your spouse leaving.
- Duration of Abandonment: The abandonment must have lasted for a continuous period of at least 12 months. This period must be uninterrupted, regardless of whether the abandoning spouse returns to the marital home for visits with children, holidays, or any other reason.
- Lack of Justification: The abandoning spouse must have had no justifiable reason for leaving the marital home. Additionally, they should not have communicated their intentions to leave with their spouse prior to the act of abandonment.
Alternative: Mutual Consent Divorce
If both partners are contemplating divorce, consider a separation agreement. This can streamline the divorce process. In many jurisdictions, a no-fault or mutual consent divorce is available. This type of divorce typically takes less time to finalize than traditional divorces based on fault grounds like abandonment.
- Marital Settlement Agreement: In a mutual consent divorce, couples should collaboratively determine crucial aspects such as alimony, child support, asset division, and child visitation schedules. These agreements are documented in a marital settlement agreement.
- Court Review: While courts often adhere to the terms outlined in a marital settlement agreement, the presiding judge will review the document to ensure it is fair and equitable to both parties and serves the best interests of any children involved.
What to Do If Accused of Abandonment
If your spouse is seeking a divorce and claims that you abandoned them, you will be served with legal paperwork as the defendant/respondent. Failure to respond to these papers could result in a default judgment being entered against you, granting your spouse’s requests without your input.
- Respond to the Lawsuit You have options: you can agree with the claims in the divorce petition, dispute them, or file a counterclaim if you believe you have grounds for divorce against your spouse.
- Present Your Case: Both you and your spouse will have the opportunity to present evidence, call witnesses, and provide testimony to support your respective positions.
- Burden of Proof: The plaintiff (your spouse) bears the burden of proving that the desertion was intentional, unjustified, and lasted for the required 12 consecutive months. If they cannot meet this burden, their claim of abandonment may be invalid.
Seeking Legal Advice: JC Law is Here to Help
Facing a divorce, regardless of the grounds cited, is a challenging process. If you are contemplating divorce or have been served with divorce papers, do not hesitate to seek legal advice.
Schedule a No-Obligation Consultation
JC Law offers a no-obligation consultation to discuss your situation with our experienced legal professionals. We will listen to your concerns, answer your questions to the best of our ability, and provide valuable advice regarding potential future steps. We are prepared to represent you in court if you choose to retain our services.
Navigating the Emotional Aftermath
Divorce inevitably alters personal relationships and can be particularly damaging to children. Children may feel responsible for the end of the marriage or believe that their parents no longer love them. Regardless of your feelings towards your former partner, it is essential to prioritize your children’s well-being.
- Reassure Your Children: Let them know they are not to blame for the divorce and that both parents will continue to love and support them.
- Maintain a Civil Relationship: Strive to maintain a civil relationship with your former spouse, especially when it comes to matters involving your children.
Moving Forward: JC Law’s Commitment
At JC Law, our primary goal is to help you navigate this challenging time and get back on track. We understand that healing and progress take time and effort. Be prepared to invest in your well-being and work towards your goals. By doing so, you can create a healthier and happier future for yourself and your children.
We are here to support you every step of the way. Contact JC Law today to schedule your consultation.
