Did you know that couples are increasingly choosing to divorce because of incompatibility instead of staying in an unfulfilling marriage? A national survey found that the lack of commitment is the leading reason for divorce.
Compared to divorce, which involves a legal process to formally end the marriage, spousal abandonment happens when a spouse leaves without the other spouse’s consent. This creates a difficult situation that affects many individuals.
Let us look at the concept of spouse abandonment, its consequences, and the legal rights you may have in such cases.
Definition of Spouse Abandonment
Spousal abandonment involves emotional disconnection and neglect aside from the physical act of leaving a person.
When a person is abandoned, their partner often stops providing emotional or financial support. This can mean one spouse has to handle all the chores and manage finances alone, so finding ways to cope with the situation is very important.
Abandonment can lead to feelings of deep loneliness or betrayal. Observe warning signs that your partner is planning to leave, such as avoiding responsibilities or changes in how things are done at home.
Legal Rights Overview
If a spouse files for divorce due to abandonment, it can affect things like child custody and property division. Get help from a lawyer who can explain your legal situation and the specifics of your abandonment case. The court may take into account how the abandonment affected the children when coming up with a decision regarding custody.
According to family lawyer Clare Sanchez Burke, a family lawyer will help explain your legal rights and choices. They will assist you in getting child support and see to it that your spouse takes financial responsibility for the children’s needs, even if they have left the family.
You might also be eligible for temporary spousal support, separate from shared property, depending on your state’s laws and finances. Keep records of evidence related to the abandonment, which you can use in court.
Don’t hesitate to talk to a family lawyer who can advise you based on your situation. Understanding the law and your rights will help you deal with this situation.
Financial Implications
Following spousal abandonment, it is important for the one who got left behind to assess the shared assets and debts, which can affect one’s financial security.
If your leaving spouse was the primary earner, most state laws allow you to receive support during the separation. You must present evidence of household expenses and income during negotiations.
If your spouse leaves behind any debts, you must understand your responsibility for them. Laws vary by state. Some require you to pay debts incurred during the marriage. Other states do not hold you responsible for debts accumulated during your time together.
Bank statements, tax records, and credit statements will provide a clear view of your financial situation and help you make better decisions.
A family attorney is the best person to handle legal matters related to your family. Lawyers can use their experience with family law to offer advice based on your circumstances.
Child Custody Considerations
Always focus on providing stability for your child. When making decisions, courts prefer to keep kids in a familiar environment.
Establish a timeline that highlights the events leading up to the abandonment. Start a documentation of your spouse’s behavior, including missed visitation time and lack of communication. This information can be useful in showing how their actions are affecting your child’s well-being.
Prioritize your child’s best interests when thinking of custody arrangements. Check if your spouse can participate and cooperate responsibly in engaging in joint custody. If not, your child’s safety and mental health may require you to keep sole custody.
Fulfill your child’s emotional needs. Encourage open dialogues about their feelings and involve a therapist if required.
Steps to Take After Abandonment
After being abandoned, you must have a clear plan in place to restore stability and order to your life.
Initiate consultations on family law specializing in abandonment. Consultation allows you to understand your rights based on your circumstances. To avoid having your claim invalidated, you should be familiar with the statutes of limitations that apply in your state.
Your children should be your primary concern when your spouse abandons you. Seek temporary custody if necessary.
Abandonment could upset your financial stability, so it is important to monitor your financial status closely. Examine your financial position and resort to options for assistance like alimony or child support.
Seek emotional support from groups dedicated to people who have been abandoned by their spouses.
