In regards to family law, marital abandonment is a situation with one spouse leaves the family renouncing any responsibility to the family. This is different than someone moving out during a separation. In Marital Abandonment, the spouse typically does not provide support, especially financial, and does not intend to return to fulfill those responsibilities. After a certain period of time where it is clear the spouse will not return, the remaining spouse can use this as grounds for divorce.
Another form of Martial Abandonment is Constructive Abandonment. This is when one spouse makes life so intolerable for the other spouse, that they are forced to leave. There are many legal grounds that allow a spouse to leave under these conditions such as:
- domestic violence and abuse
- infidelity or withholding sex
- refusing to give financial support
While most forms of Marital Abandonment are classified under family law, there are a few instances where the act can be considered criminal. If a spouse commits marital abandonment and refuses to provide care for minor children or for a spouse who has serious medical problems may be considered criminal behavior. It’s imperative to go through the proper legal channels and get a legal divorce and work out a proper custody agreement than face criminal charges.
If you feel that your marriage is heading towards divorce then feel free to contact us for a free consultation. Or if you have been abandoned by your spouse, give us a call and we can help you file the necessary paperwork to protect your financial assets.