Abandonment


#1

I have read over and over in this forum about how you want to avoid abandonment. However, I still don’t understand the following:

  1. what constitutes abandonment;
  2. how frequently do abandoning spouses actually get punished; and
  3. the punishment for being found guilty of abandonment.

#2

Just wondered if this post was still on the radar to get answered…


#3

Not a lawyer but I found this on a website

“a. Abandonment”

Abandonment is a term which is misunderstood and frequently misused by the public. Many people mistakenly believe that simply leaving the marital residence, not matter the circumstances, constitutes abandonment. Our state courts of review have defined it as the act of one spouse bringing the cohabitation of the parties to an end without justification, without the consent of the other spouse, and without intent of renewing it. However, it is not necessary for one spouse to leave the other in order for abandonment to occcur. Rather, by crueling treating one’s spouse or refusing to provide support for one’s spouse, one’s conduct may compel the aggrieved spouse to leave the relationship. The aggrieved spouse would still be entitled under our law to claim the mistreating spouse had commited abandonment. When the conduct of one spouse causes the other to leave, it is called constructive abandonment. Although there is no bright line test for what constitutes constructive abandonment, generally the court considers all of the facts and circumstances of the case to ask whether the withdrawing spouse was justified in leaving. The conduct of the spouse engaged in the constructive abandonment must be wilful and make it impossible for the withdrawing spouse to continue the marital relation with safety, health, and self-respect. Finally, mutual agreement to separate can not typically be alleged as abandonment. The only exception is when a spouse is induced to agree to the separation because of the misconduct of the other spouse.

It was found on this website of a different law firm but I figured it would be helpful
http://www.hatcherlawgroup.com/practice-areas/practice-details.cfm/content/separation