Abandonment is leaving a person or a place in such a way as to suggest that you do not intend to return. It’s when someone chooses to stop taking part in an important relationship such as marriage, leaving the other person feeling unwanted, unhappy about their isolation, or unsure whether or not they’ll ever re-establish their connection with the person who abandoned them.
In a marriage, this would imply that one spouse has chosen to leave their marriage without the consent or input of their partner. For example, if your spouse leaves you for another person and does not offer any financial support, that is considered abandonment.
What are the causes of abandonment?
The causes of abandonment are too numerous to list. Common causes include:
- Addiction and drug use
- Inability to commit
- Lack of communication skills
- Physical harm to one another
What are the consequences of marriage abandonment?
Lack of child support: For many couples, marriage serves as a means to raise children, and children are the result of their union. However, when one spouse abandons his partner, it is arguable that there is no longer a legal basis for them to get married. In such a case, parents may have issues getting child support from their abandoned partners.
Disruption of family life: Marriage is often viewed as an institution that provides security for its members and serves as a means to raise children and share economic resources between spouses. When one spouse abandons their partner, he disrupts this family unit, making it difficult for his partner to raise their children and maintain that family unit. This abandonment also affects the abandoned spouse’s ability to experience emotional support from his partner and extended family. A spouse abandoned by their partner is at an increased risk of developing depression and other mental health disorders.
Property division: Property division is a term used to refer to the situation when a married couple separates or divorces. The purpose of property division is to treat each spouse as fairly as possible based on their respective contributions to their marriage. It is crucial to note that this process does not occur in all circumstances. For example, in community property states, the spouse’s property is automatically divided at divorce according to a defined set of rules, such as everything acquired during the marriage will be subject to division. In equitable distribution states, there is no such automatic division. The court will make an “equitable” division. In addition, some jurisdictions have adopted very specific rules for dividing property.
What are the Legal Consequences of Abandonment?
However, abandonment has legal consequences that may significantly impact the property division of assets and debts. If a spouse abandons their marital home, the abandoned spouse may keep the home. However, if the abandoned spouse continues to live in the property after abandonment, the abandoned spouse will likely lose their rights to it. The court’s primary concern is for the welfare of any minor children who might live in the home.
If a minor child continues to reside in the marital home after one parent has moved out and left for good, then that parent may be found guilty of abandonment and lose their rights to the home. In this case, if both parents are abandoning their marital residence and neither parent lives there with the children, then neither parent will retain any ownership rights to that home. Also, if you abandon your spouse and children, you have shown yourself to be an unfit parent and will not likely be awarded custody of your children or visitation rights with them upon divorce.
What to Do In case of Marital Abandonment?
If you are facing the issue of abandonment in a marriage, you should seek family law attorneys’ advice and guidance. They may advise you to negotiate with your spouse for a reasonable amount of child support or spousal support. Some of these negotiations can end up with you being in an amicable relationship with your spouse. However, if your spouse is unwilling to negotiate, it may be the right time to take things to court.
What Role Does Family Law Attorneys Play?
Help with the divorce process
Family law attorneys also advise clients on how best to protect their interests during divorce. They can provide information about the laws that apply to marriage and divorce and offer advice about whether it’s in your best interests to hire an attorney or represent yourself.
Helps couples to come to an agreement
A family law attorney also plays a role in helping couples who cannot come to an agreement on their own resolve their disputes through mediation or arbitration rather than going through the court system. This allows couples to keep their finances private and resolve issues without involving judges or juries who often have little experience with such matters.
Help you enforce a parenting plan
If you have a parenting plan in place and one parent does not follow it, your family law attorney can help enforce the plan by filing a motion for contempt or filing a petition for modification.
Help you get child support
Family law attorneys can help you get child support and alimony. They can also help you with your divorce paperwork so that you know what is expected of you and what you need to do next. Many people choose not to hire an attorney because they think it will be too expensive or take too much time. However, hiring an attorney can save time in the long run by ensuring that everything goes smoothly and quickly.
Can compel the other party to give you a divorce
Family law attorneys can help you obtain a divorce if your spouse has abandoned or refused to participate in your marriage. In some cases, they can also help you gain custody of children and visitation rights with them.
Family law attorneys can help you with a variety of issues that arise in a divorce. They can help you get visitation rights, protect the assets of your business, and even help you fight for custody of your children. If you’re struggling with any of these issues and would like to talk to an attorney about your case, look for a well-established law firm.