Is this abandonment?


#1

Hello,

I’d like to understand the term “Abandonment”. If a husband who has NO job, no income, and performs no care for the family (he also gambles). Is it abandonment?
He wakes up everyday, leaves the house by 9AM. Comes back at 11PM. Everyday for the past 2 years. Spends no time with wife and kids. Is it abandonment?

There is proofs that he has stolen money from his wife without her permission. He also had knocked her down to the ground, choked her and threatened to kill her by stabbing.
Recently, he has demanded money to pay for gambling debts, but she refused to pay out. Again, he has threatened her, but she has no money to pay his debts. He then got his family to pay it.
I am afraid these incidents will escalate for the worse.

At this point in their marriage, there is no respect. She and the kids stay together in one room when he comes home.

The kids are very young. She works to provide means for the kids and home.
Is there a way to get out of the marriage? without losing half of everything she has?

Please help.

NeedAWayOut


#2

To learn about abandonment, review our article. But based on what you have shared, it doesn’t sound like abandonment is the legal issue you need advice on. First, if there is violence in the household, then relief an be granted by obtaining a domestic violence protective order. We provide plenty of information about how to obtain a DVPO on our Domestic Violence Center. The wife can get custody and possession of the home through a DVPO. If there is no violence or threat of violence, then the wife can proceed by filing for divorce from bed and board, another topic we provide alot of information about on our website. As far as your wish for her to be able to leave without losing half of everything, this is dependent on the facts and circumstances involved in the case. Generally, marital property is divided evenly between the spouse upon divorce, although there are factors that can lead to an unequal distribution.


#3

Ms. Willis,

Thank you so much for your advice.
I will look into the posts about abandonment and divorce from bed and board.

Thanks so much again,

mustgo