In some relationships, the end may come gradually with everyone realizing that divorce is on the horizon, while other marriages may finish abruptly with one spouse deciding to abandon their half, for example. Suppose you are the victim of the latter situation, then you’d better discover more about abandonment and divorce and the ways to manage it for your relationships to end well. Review some common facts and tips on the issue and care to cooperate with professional lawyers to gain top beneficial outcomes.
What Is Abandonment
In order for you to approach your case properly and protect your rights in the course of a divorce, you have to clearly understand what you are to deal with. Begin with exploring what abandonment means in the family law in your state. Or hire a consultant to assist you from the start.
If your partner has abandoned you and your marital house and displays no wish or attempt of returning, the situation can be referred to as abandonment in divorce. In some states, the situation is also associated with desertion. One partner abandons another for various reasons, covering leaving to move in with a new partner, fleeing a conflict or domestic violence, and so many more.
Before you can appeal to abandonment in your case, you need to discover is abandonment grounds for divorce in your state. And even if the answer is affirmative, you don’t get this kind of marriage termination guaranteed. You have to meet the requirements first. In many situations, the abandonment will qualify for official reasons for divorce if it lasts for a year at least, plus if the abandoning spouse hasn’t justified their actions in any way, and so on.
Abandonment can have a crucial impact on the divorce proceedings and their outcomes. So if you are exposed to one, you’d better learn more about the issue at reliable resources, such as https://onlinedivorcer.com/, and consult a relevant expert for advice and guidance.
How to File for Divorce due to Abandonment
If you are up to a divorce based on abandonment, you should better discover the legal procedure behind it in your place of residence. Mostly, you will have to pass through the subsequent steps:
- Define the reasons for marriage termination – when you decide abandonment is the main reason to end your marriage, you have to consult your local law expert to understand what requirements you need to meet and what procedures await you. Only once you fully understand all the processes and consequences ahead, you can file for divorce due to abandonment.
- File for divorce – complete the relevant papers with your intention to get your marriage terminated due to abandonment. Add the evidence to prove your reason for divorce in the form of testimonials from witnesses and documents to illustrate your partner’s absence from the house. Remember to state and explain your opinion on the divorce points clearly when filling out the forms.
- Serve your partner – you have to officially notify your soon-to-be-ex of your intentions as to your relationships and deliver the documents to them. You can deal with the professional server, send the papers via mail, or any other way legalized in your state. If you cannot localize a spouse who abandoned you to save the papers to them, reach for lawful advice on the issue to proceed with divorce.
- Visit court – you may need to deal with settling the agreement on spousal support, custody, and property division with the judge’s help. If you can find a way to cooperate with each other, you should better avoid this step to save your time and money.
- Finish up the divorce – after the agreement is reached and necessary resolutions are passed, you will have your marriage termination over by retrieving the divorce decree from the judge and applying it to your post-divorce life.
Since every divorce case is unique, one cannot predict the algorithm suitable for their situation without a professional by their side. This means you should collaborate with a divorce attorney experienced in the field and find a way to deal with your divorce peacefully and beneficially for every family member.
| Topic | Description |
|---|---|
| Definition | Abandonment divorce is a type of divorce that occurs when one spouse leaves the other without the intention of returning, and the other spouse files for divorce as a result. |
| Grounds for Divorce | Abandonment or desertion by one spouse for a specified period, typically ranging from one to five years depending on the jurisdiction. |
| Requirements | The spouse who files for abandonment divorce must provide evidence that the other spouse left without just cause, such as a job transfer or military deployment. Additionally, the filing spouse must show that they made efforts to reconcile with the other spouse before filing for divorce. |
| Property Division | In states that follow equitable distribution, property and assets are divided fairly but not necessarily equally. In community property states, all marital assets are split 50/50. |
| Child Custody and Support | Child custody and support are determined based on the best interests of the child. The abandoning parent may be held responsible for child support payments. |
| Common Issues | Proving abandonment can be difficult, and the abandoned spouse may struggle to support themselves and their children during the divorce process. Additionally, the abandoning spouse may return and contest the divorce, which can prolong the process. |
How Abandonment Can Impact Divorce Outcomes
When you have to deal with abandonment divorce, be ready to face the impact it may have on your life and consult a specialist on how to deviate from it maximally. Check out the scenarios that can happen to you:
- Property division – in the majority of states the equitable distribution rule applies, implying that the circumstances and peculiarities around your case are considered when any decision is made. If one spouse has abandoned another, the former is treated as the one who gave up on the marital contribution. As a result, a partner who was abandoned may be assigned a larger share of property since they may have committed to marriage more.
- Spousal support – if a spouse-abandoner is a breadwinner of the family and leaves their dear ones penniless without prior notification, it can be considered a significant detail when any judgment on the spousal support is passed. The abandoned spouse may be assigned with alimony to cover the period when they were abandoned by their former beloved, at least. Any subsequent financial support will be given regarding other details on the case.
- Child custody and visitation – this is another crucial impact the abandonment can make. Abandoner will be seen as unreliable parent who left their children behind and is incapable of providing proper care. This may result in an abandoning spouse obtaining fewer custody and visitation rights than they hoped for.
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These are the common after-effects of abandonment on the marriage termination process. But in fact, your case may include even more peculiarities driven by the fact that one of the spouses has left the marital house and relationships behind without any warning and justification. This makes it necessary to reach out for a professional consultation and commit to your divorce properly to succeed in the end.
Conclusion
Although there are multiple reasons for marriage termination and abandonment divorce is not a very frequent happening, when it takes place it has a significant impact on the process and outcomes. So if you face the need to file for the end of the marriage due to abandonment, you have to prepare well. Discover your state regulation on the issue, discuss your situation with the relevant expert, and follow the best-fitting scenario to lead your divorce case to success. Remember that cooperation with your ex and experienced lawyer will guarantee the results will please every family member.