What is Marriage Abandonment?

The consequences of Marriage Abandonment could potentially leave you in a tough spot. Marriage can be a bumpy road for some. Sometimes a relationship hits a point where problems arise, communication breaks down, and the urge to walk away can feel intense. Ultimately, if your spouse walks away from your marriage, you could face life-altering consequences without communication or attention.

One way to define abandonment is when a spouse leaves without communicating with the other and without the intent of coming back. This can be called emotional abandonment or separation, but it is not the same as having done so because one spouse wanted to end the marriage.

Abandonment can also take the form of physical desertion, which is when a spouse leaves with no intention of returning home. Often, one spouse may leave while the other remains at home to care for the family and manage the household.

Sometimes, a spouse may leave because they are facing difficult life circumstances, such as job loss, financial stress, or the death of a family member. These situations do not necessarily constitute abandonment.

Abandonment is a serious problem in marriages and can have lasting effects on both spouses. If you are facing abandonment, it is important to seek help from a qualified therapist or counselor who can assist you in dealing with the emotional fallout.

California is a “no-fault” divorce for all couples who can file for the dissolution of marriage with neither party needing to show evidence of fault. Though usually grounds for divorce are not discussed, you may pursue “willful abandonment” under rare circumstances such as your spouse disappearing.

When someone leaves the marriage, they may abandon their family by refusing to support them financially. In this case, the abandoned spouse may face unexpected economic challenges. If this spouse files for a divorce, state laws in most places allow for the person to request spousal maintenance when facing these challenges.

Abandoning a Marriage could Impact the Result of Your Divorce Case

California Family Code Section 7820 claims that parents can sometimes have their parental rights terminated by court if they abandon their children. If a parent leaves and does not return, the parents will usually have to pay more in child support than if there was a joint legal and physical parenting agreement in place.

When facing marital abandonment, it's helpful to look for legal help and support from your friends. There is hope for a resolution, and it is important to take charge and act quickly.

Our family law attorneys have a strong commitment to removing the complexity of family law matters while maintaining a realistic approach to all cases. Contact us today to schedule a consultation. We would be happy to help you navigate this difficult time.

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