Abandonment


#1

Hello,
My concern is whether this is considered abandonment?

If a spouse has traveled out of NC leaving all his /her stuff at home and does not intend to come back.
Leaving a house may be due to verbal abuse and lack of peace at home.

is it considered to be an abandonmen?
Does the leaving spouse need to prove anything to avoid abandonment?
Can the spouse at home take any actions to prove leaving spouse’s abandonment?
Can you please help in understanding abandonment in real sense?


#2

Abandonment only really matters when it comes to alimony. If you are concerned that your spouse may try to claim abandonment, you can see if he/she will sign a non-abandonment agreement. This is simply a contract whereby both parties agree that neither abandoned the other. To learn more about abandonment, see our article: abandonment and divorce.


#3

Thank you for reply.
So in the situation like below, what are the chances a spouse at home can prove/claim abandonment?

“If a spouse has traveled out of NC leaving all his /her stuff at home and does not intend to come back.
Leaving a house may be due to verbal abuse and lack of peace at home.”

Can a non-abandonment agreement be signed later on?
What other steps possible to avoid abandonment?
Thank you.


#4

I can’t tell you whether a judge would agree that there has been abandonment in your case, especially based on the few facts shared. By law, abandonment occurs when a spouse brings cohabitation to an end without justification, the consent of the other spouse, and the intent of renewing cohabitation. All three of these elements must be proved by the spouse seeking to show the other spouse’s abandonment. You can sign the non-abandonment agreement after the spouse has left.