While divorce is the legal way to end a marriage, some spouses abandon their partners without warning, leaving them in emotional, financial, and legal chaos.
This article will discuss the legal complications that can arise from marriage abandonment and what steps you can take to protect yourself from legal chaos.
How to Protect Yourself from Legal Chaos During a Marriage Abandonment (7 Practical Steps)
If your spouse has abandoned you, taking steps to protect yourself from legal chaos is essential. Here are some steps you can take to protect yourself:
1. Secure Your Financial Assets
Make sure that your bank accounts, credit cards, and other financial assets are secure. Change your passwords and make sure that your spouse cannot access your accounts. Freeze all joint credit accounts to prevent your spouse from running up debt on your behalf.
2. Secure Your Property
If you own property with your spouse, such as a house or a car, make sure that you have legal ownership documents and that you have taken steps to protect your property from being taken by your spouse.
Change the locks on your home and secure all personal property.
3. Take Care of Your Children
If you have children, make sure that they are being taken care of and that their needs are being met. If necessary, file a divorce or legal separation and seek legal custody and child support for your kids.
4. Consult With an Attorney
One of the first steps you should take is to consult with an experienced family law attorney. An attorney can advise you on your legal rights and obligations and help you navigate any legal proceedings that may arise.
5. Document Everything
Keep detailed records of your communication with your spouse, including emails, text messages, and phone calls. This can be necessary evidence if you need to go to court.
6. Stay Organized
Keep all important documents, such as your marriage certificate, birth certificate, and other legal documents, in a safe and secure place. Make sure that you have easy access to these documents if you need them.
7. Get Emotional Support
Marriage abandonment can be emotionally traumatic. Seek the help of a therapist or support group to cope with the emotional distress.
What Are Your Legal Option in The Case of Marriage Abandonment?
Here are some legal options to consider if your spouse has abandoned you:
Filing for Divorce
One option is to file for divorce. Desertion is often considered a valid reason for divorce, and the deserted spouse may seek a divorce based on abandonment.
File for Legal Separation
In some states, you can file for legal separation instead of divorce. Legal separation is a court order that allows spouses to live apart while remaining married. This may be a good option if you are unsure if you want to end your marriage.
File for an Annulment
An annulment is a legal process that declares a marriage null and void. It differs from a divorce because it treats the marriage as if it never existed. To get an annulment, you must prove that the marriage was invalid from the beginning.
File for Child Custody and Child Support
If you have children, you must determine child custody and support. If your spouse has abandoned you and your children, you may be able to seek sole custody and child support.
Seek Alimony or Spousal Support
If your spouse has abandoned you, you may be entitled to spousal support. This will depend on your state’s laws and your case’s specific circumstances.
Divide Your Property
You will also need to divide your marital property. This can be a complex process, and working with an experienced attorney is vital to ensure your rights are protected.
What Can a Family Lawyer Do For You if Your Spouse Abandoned You
If your spouse has abandoned you, seeking legal help to protect your legal rights is essential. A family lawyer can help you with legal proceedings and protect your interests.
Here are some legal options available in case of marriage abandonment:
- Explaining Legal Options: A lawyer can explain the client’s legal options, such as filing for divorce, legal separation, or annulment. They can also help the client understand each option’s potential outcomes and consequences.
- Drafting Legal Documents: A lawyer can help the client prepare and file legal documents, such as petitions, motions, and agreements. These documents must be completed correctly and filed in a timely manner to avoid legal consequences.
- Representing the Client in Court: If the case goes to court, a lawyer can represent the client and argue their case before a judge. They can also cross-examine witnesses and present evidence to support the client’s case.
- Negotiating with the Spouse’s Lawyer: If the spouse has a lawyer, a lawyer can negotiate with them on behalf of the client to reach a settlement that is in the client’s best interests. They can also help the client understand any settlement offers and advise whether to accept or reject them.
- Protecting the Client’s Interests: A lawyer can help the client protect their interests, such as their financial assets, property, and custody rights. They can also advise the client on protecting themselves from any potential legal consequences.
Q: Is marriage abandonment illegal?
Marriage abandonment is a criminal offense in several states. However, even in a state where it is not illegal, abandonment can have severe legal consequences, such as property division, spousal support, and child custody.
Q: Can I file for divorce if my spouse has abandoned me?
Yes, you can file for divorce if your spouse has abandoned you. However, the legal proceedings can be complicated, and you should consider seeking advice from a family lawyer.
Q: Can I get spousal support if my spouse has abandoned me?
Yes, you can get spousal support if your spouse has abandoned you. However, you must go through a legal process to obtain it.
Marriage abandonment can be devastating, both emotionally and legally. It is essential to protect yourself from legal chaos in case of abandonment. Keep financial records, seek legal advice, and protect your credit and property.