Does Abandonment Matter in Divorce?
Sometimes a spouse leaves the other during the marriage and never comes back, both in body and feelings. People often ask if this counts as a reason for divorce or if it changes how the divorce turns out. This topic matters most to anyone who feels stuck or unsure about their marriage’s future. Knowing the truth behind abandonment can clear up confusion and show what steps really matter. Keep reading to uncover surprising facts that might change how this situation is handled legally and emotionally.
The reality is that the laws vary by state. Therefore, it is vital for this reason for an individual to talk about their unique situation with an attorney. Generally, however, fault (or grounds) is no longer needed to get a divorce. If the marriage is irretrievably broken (or there are irreconcilable differences), that is generally enough to get a no-fault divorce.
Nonetheless, abandonment can still end up being factor courts look at in granting a divorce.
In other words, abandonment can end up being important in some cases where one party decides to contest the divorce itself. While this might not seem likely, there are still cases where one party does not wish to agree to the divorce.
Past whether abandonment is grounds for a divorce, some still wonder whether abandonment can impact the outcome of the divorce itself. In some states, a party can argue that the conduct of the parties during the marriage should impact the outcome. Courts then have great discretion in terms of considering whether abandonment should impact the divorce outcome. In some cases, a court might find it important. In other cases, the court might not find it important.
Of course, if there are children, and one of the parties has abandoned them, this could certainly have an effect on any legal and physical custody, visitation, or the allocation of parental responsibilities. Courts have to consider the best interests of the children. If one of the parents has been absent, this can certainly impact the outcome in terms of the children. This could theoretically impact child support in some cases as well.
Contact Our Multi-State Divorce Lawyers Who Can Carefully Consider Abandonment
If you are going through a divorce and believe that you have been abandoned, you can contact Stange Law Firm, at 855-805-0595 or contact us online.
