Would his behavior be considered abandonment?
There are several different ways that abandonment can be viewed. When you’re talking about a marital relationship, one person can abandon the marriage or the children as well as any property that is shared between the couple. Abandonment is often considered a civil matter and is not seen as a criminal charge. However, it can be a factor in the divorce proceedings and any spousal or child support that is ordered. If your spouse abandons a child while your child is in his care after separation agreements are final and a custody arrangement has been established, then the abandonment of the child could be considered a criminal charge.
When talking about marital abandonment, the court sees it as one person leaving the marriage and cutting off all ties to the spouse and the home. This would mean that the person no longer wants the responsibilities or commitments that are involved with being married. If the spouse moves out of the home as a temporary solution to end the relationship, it’s usually not considered abandonment as the person might still have belongings in the home or ties to the family. Abandonment is often seen as one person no longer wanting to financially support the family and leaves the home because the person wants to create a new life that does not include the current spouse, home, or children. If you can prove that your spouse planned to come back at any point or that there was an agreement about separation in place before your spouse left, then this could play out in your favor in court. The judge would see that the person made plans to leave instead of simply walking away. Most states don’t allow for the remaining spouse to support the spouse who committed the abandonment.
At times, abandonment could be grounds to file for a divorce as it would mean that one spouse wants to end the marriage. When you go to court, there are a few things that you have to prove to the judge. You would need to prove that there was no agreement in place about your husband leaving and that you did not know that he was going to leave by severing ties. Another element that you would need to prove is that you didn’t cause him to abandon his home. You should also be prepared to show that no financial support is given during the time of abandonment as this could mean that the person didn’t severe ties and still wants to be involved with the family.
Another way that you can look at abandonment is by behaving in a way that forces the spouse to leave the home. This is considered constructive abandonment. There are several acts that can cause someone to leave the home in this manner, such as physical and verbal abuse, withholding sex, and not supporting the spouse financially. If your spouse refuses to provide care for children in the home or for someone who has a medical issue and needs the support of another, then it could be considered criminal abandonment. There is no requirement for your spouse to remain with you if you are sick. However, leaving could lead to serious consequences for your spouse if he makes the decision. An order can be issued that would make the spouse who abandoned the marriage financially responsible even after leaving.
After he leaves the marriage and home, there are a few ways that properly can be divided. If he leaves the home and doesn’t make arrangements as to how he will get his property from the home or make an arrangement about how to pay the house payment and other bills, then the judge could enter that the one who left is not entitled to any amount of the property. Each person has rights during divorce proceedings. If one person abandons the marriage and walks away, then that person is often walking away from those rights as well. If you choose not to file for a divorce, you would still be eligible to file for financial support. You can also ask for an order for child custody as well as child support. These processes can vary from one state to another depending on the laws that are set forth, which is why it’s important to speak with an attorney about the actions that your spouse has committed. You can often file for an order of protection if you feel that the spouse who left could retaliate against you if you do file for divorce or file to receive financial support.