When the bond of marriage dwindles away, divorce becomes a viable option for many couples. Yet, the strain can sometimes become so overwhelming that one partner may abandon the relationship without formally seeking a divorce.
Despite physically leaving the marriage, they remain legally bound to their partner and can be said to have abandoned or deserted the marriage. It's crucial to understand that while they may have left the marital home, they could still bear the legal and financial responsibilities typically associated with marriage. If you happen to be facing such a situation, seeking the help of attorney Shawna Woods of Atlanta Divorce Law Group could be really helpful.
Understanding Abandonment and Desertion in Divorce
Abandonment and desertion, terms often used interchangeably in divorce discourse, essentially refer to the act of one partner voluntarily leaving the marital relationship without reason, communication, or consent from the other partner. This departure is often without intention to return, where the leaving partner neglects their legal and financial responsibilities towards the marriage. keep in mind that this isn’t a legal departure from the bond, it is merely the whim of one party, which could be seen as a negligent action in the eyes of the law.
These actions could potentially attract criminal charges, notably if a child's welfare is compromised. In such cases, seeking the right legal aid makes all the difference. Also, you can use desertion as a legal ground for initiating a divorce in fault states or if you so wish and your state allows for a fault-based divorce.
A 'no-fault' divorce implies that neither party is legally blamed, thus allowing for dissolution regardless of the spouse's consent. Conversely, fault divorces require proof of wrongdoing. In such cases, abandonment or desertion may be used as grounds for divorce.
Abandonment vs. Separation in Divorce
Separation and abandonment are distinct routes that couples might take in the dissolution of a marriage. While both involve one or both partners leaving the marital relationship, the key difference lies in communication and mutual consent.
In a separation, both partners agree on the decision and often maintain open lines of communication. In contrast, abandonment or desertion involves one partner leaving without the other's consent or knowledge - often with no intent to return.
Also, separation becomes necessary for some couples to recalibrate their relationship or initiate the divorce process, and the courts mandate it in some states before filing for divorce.
Impact of Abandonment on Child Custody
When a marriage dissolves through abandonment, the ensuing child custody battles could be complex. The court often views the partner who remained with the children more favorably when determining custody. Consequently, this partner could gain the upper hand, especially if they seek legal and physical custody.
However, it's crucial to differentiate between spousal and child abandonment. If the departing spouse upheld their responsibility for the children's welfare despite their absence, it might lend them some leverage in custody negotiations.
In all cases, the court prioritizes the child's best interests, which may include considering the contribution of the absent parent. So, while abandonment has weight in child custody decisions, it is not the sole determinant.
Exemptions to Abandonment in Divorce
The departure period must span no less than a year before one party's actions in leaving can be deemed abandonment. There exist certain circumstances where abandonment might be justifiably exempt from incurring charges.
However, exceptions do arise. For instance, if your attorney counsels you to leave pending the completion of legal separation proceedings, this scenario could present a legitimate exemption to the rule of abandonment.
Another waiver to the abandonment rule is in situations marred by domestic violence or threats thereof. Leaving becomes a matter of personal safety if you find yourself at risk. However, you must consult a lawyer in such circumstances to ensure your actions align with the law's provisions.
Conclusion
Abandonment and desertion in divorce are serious issues that can significantly impact legal proceedings, particularly regarding financial responsibilities and child custody. Understanding the differences between abandonment and separation and seeking appropriate legal guidance is crucial.
