My Husband Abandoned Me What Can I Do
What To Do When Your Husband Abandons You
In the past, when fewer women had careers and primarily depended on their husbands for financial support, there were many reports of marital abandonment. But marital abandonment still occurs today. Remember that marital abandonment involves a husband or a wife leaving their spouse and severing all ties including stopping any financial support they provided to their families. Talk to a trusted attorney to know what to do if your husband abandons you.
Some even go as far as ensuring that no one can locate them. What most people don’t know is that marital abandonment may be considered a crime, especially if it is done without “just cause”. But if a wife or husband leaves their spouse because they are a victim of domestic violence or because a spouse abuses drugs, it is considered “constructive abandonment”.
What Is The Difference Between Abandonment And Separation
My Wife Abandoned Me
Constructive abandonment and marital abandonment are not the same things as trial separation or separation during a divorce. When couples separate during divorce they can sign a separation agreement that outlines their rights and duties as they live apart. But constructive abandonment and marital abandonment often happen before divorce but can be used as grounds for a divorce.
Since you don’t have to have a fault-based divorce, it may not be worth it to use marital abandonment as grounds for divorce. The only time marital abandonment as a ground for divorce may be advantageous is when you want to get sole custody of your children. The court may not grant joint custody if the other parent abandoned you and your children.
However, filing for divorce on a no-fault basis is cheaper because you don’t have to spend time gathering evidence to prove that the other spouse abandoned you. You must show that your spouse left you and had no intention of coming back. You must also show that you and your spouse have lived apart for a year or more to prove that your spouse abandoned you.
You need to talk to an experienced family law attorney if you are not sure what steps to take if your spouse disappears and they are not helping you pay for expenses such as child support or mortgage.
Consequences of Marital Abandonment
Husband Abandons Family In TX
Abandonment has serious consequences for the party that abandoned their spouse if the abandoned spouse uses that abandonment as a fault in a divorce. You may actually lose your share of marital estate if your spouse couldn’t find you and the divorce proceeded in your absence. This means your spouse will get all the assets in your community property because you did not respond to notice of the divorce in a timely manner.
An abandonee can ask the court to allow an unequal division of marital property based on the fault of abandonment. But they will have to prove that abandonment occurred. The spouse that was abandoned may also be left with all the marital debts if the other spouse never shows up.
However, even if you prove abandonment, the court may still name you and your spouse as joint conservators of your children. Sole custody can only be granted if you provide evidence that this decision is in the best interests of the child.