Marriage abandonment can be a devastating experience for those involved. Whether it’s a spouse walking out without any warning or a gradual drifting apart, the consequences of abandonment can be severe, especially when it comes to the legal implications.
In this article, we’ll explore what constitutes abandonment in marriage, the legal consequences of it, and what steps you can take to protect yourself and your interests.
What is Marriage Abandonment?
In general, marriage abandonment is when one spouse moves out of the family home (1) without justification, (2) without the consent of the other spouse, and (3) with no intention of returning to the marital relationship.
It is not marital abandonment if the spouses mutually agree to a separation.
What Are The Legal Consequences of Marriage Abandonment?
Marriage abandonment can have significant legal consequences for both parties involved. These can include:
Divorce
If your spouse has abandoned you, you have the legal right to file for divorce on the grounds of abandonment. Abandonment is considered “grounds for divorce” in every state.
Child Custody
If you have children, the spouse who has been left will likely have an advantage in child custody proceedings. The court is most likely to award custody to the parent who has remained in the family home and has been taking care of the children.
Property Division
In divorce proceedings, the court will divide the marital property between the spouses. However, if one spouse has abandoned the other, the court will take this into consideration when dividing the property.
For example, if one spouse has abandoned the marital home and not contributed to household expenses, the court will be more likely to award the marital home to the other spouse.
Spousal Support
The spouse who has been abandoned may be entitled to spousal support, also known as alimony. This will depend on various factors, including the length of the marriage, the income of both spouses, and the reason for the abandonment.
What Impact Does Spousal Abandonment Have in a No-fault Divorce?
In a no-fault divorce, spousal abandonment can impact several legal issues, such as the following:
The Impact of Spousal Abandonment on Alimony and Spousal Support
Depending on the state, a court may consider spousal abandonment to determine whether to award alimony or spousal support and how much to award. If one spouse has abandoned the other, the court may find that the abandoned spouse is in greater need of financial support and award alimony.
The Impact of Spousal Abandonment on Property Division
Spousal abandonment may also be considered a factor in determining how marital property should be divided. If one spouse has abandoned the marital home and refused to contribute to household expenses, the court will be more likely to award a greater share of marital property to the other spouse.
The Impact of Spousal Abandonment on Child Custody
In a divorce involving children, spousal abandonment will be a factor in determining child custody arrangements. When making custody decisions, the court will consider the abandoning spouse’s lack of involvement in the children’s lives and its impact on their well-being.
Criminal Spousal Abandonment: What are the Legal Consequences of Criminal Abandonment
It can be a crime for a spouse to abandon their family. Every state’s law will be different, but most states define criminal spousal abandonment as follows:
In general, criminal spousal abandonment occurs when one spouse leaves the other spouse and fails to provide financial support or fulfill their legal obligations to provide the family with food, clothing, shelter, or other basic living necessities.
The specific definition and penalties associated with criminal spousal abandonment will vary depending on the laws in your state. Here are some examples of sentences and fines in different states for criminal abandonment:
- Texas: In Texas, Penal Code § 22.041 states that a person who abandons their spouse or child may be charged with “abandonment or endangerment of a child,” which is a felony offense. If convicted, the offender may face a sentence of up to 24 months in prison and/or a fine of up to $10,000.
- Florida: In Florida, Consolidated Statutes § 4303 states that a person who deserts their spouse or child without providing support may be charged with “child neglect,” which is a felony offense. If convicted, the offender may face a sentence of up to 15 years in prison and/or a fine of up to $10,000.
- California: In California, Penal Code § 270 states that a person who willfully abandons their spouse or child and fails to provide support may be charged with “child abandonment,” a misdemeanor offense. If convicted, the offender may face a sentence of up to one year in jail and/or a fine of up to $2,000.
These are just a few examples, and the penalties associated with criminal spousal abandonment will vary from state to state.
How to File Charges for Criminal Abandonment Against Your Spouse
If you and your family have been abandoned and you want to press charges, you should contact your local law enforcement agency.
You can call the non-emergency police number or visit the police station to file a report. Be sure to provide as much information as possible, including the name and last known whereabouts of the person you believe has abandoned you.
What steps can you take to protect yourself if you and Your Family Have Been Abandoned?
If your spouse has abandoned you, there are steps you can take to protect yourself and your interests. These include:
- Contact an Attorney: Speaking to an experienced family law attorney who can advise you on your rights and the legal process is essential.
- File for Divorce: If you wish to end your marriage, you will need to file for divorce. An attorney can help you with this process and protect your rights.
- Seek Custody of Your Children: If you have children, seeking legal custody and meeting their needs is essential.
- Protect Your Finances: If your spouse has abandoned you, taking steps to protect your finances is crucial. This may include closing joint accounts, opening new accounts in your name, and monitoring your credit report.
FAQs:
Q: Can marital abandonment be grounds for a divorce?
A: Abandonment is grounds for a divorce. If your spouse has left home with no intent to return, you have grounds to file for a divorce.
Q. What is the difference between abandonment and separation?
A. Abandonment is when one spouse leaves the other without warning or intention to return, while separation is when both spouses agree to live separately.
Q. Can abandonment be grounds for an annulment?
A. In some states, abandonment can be grounds for an annulment. However, this varies from state to state. For more information on this issue, you won’t want to miss this article,
Q. Can abandonment affect child custody?
A. Yes, abandonment can affect child custody. If one parent has abandoned the family, the court will consider this and will be more like to award custody of the children the spouse left behind.
Conclusion
Marriage abandonment can be a devastating experience for anyone involved, with serious legal consequences.
Remember that you have the right to protect yourself and your interests, especially if you have children. Taking proactive steps such as contacting an attorney, filing for divorce, seeking custody of your children, and protecting your finances can help you navigate the legal consequences of marriage abandonment.
While it may be challenging, staying informed and seeking support from loved ones, professionals, or support groups is important. Remember that you are not alone, and resources are available to help you through this difficult period.