If you are currently looking at a divorce, your divorce lawyer might ask you if your spouse abandoned you and the marriage. What is considered abandonment varies from state to state, but these are a few things that might mean that your spouse abandoned you.
1. Your Spouse Left the Marital Home....Without Going Through the Proper Channels
During a separation or divorce, it is generally inevitable that one -- or both -- of the spouses will leave the marital home. If your husband or wife just packed up his or her stuff and left without going through the proper channels, however, it could be considered abandonment. Were you told that your spouse was planning on leaving, or did it just hit you by surprise? Did the two of you discuss divorce or talk to an attorney? The answers to these types of questions can determine whether or not your spouse abandoned you and the marital home.
2. Your Spouse Has Not Been Paying Child Support
Even before a formal divorce is granted, the other parent is typically required to pay child support to help ensure that his or her children are cared for during the divorce process, which can sometimes take months or longer. If there are children involved, you can talk to your divorce attorney about going to court to establish custody and to determine who will be paying child support -- and how much. If this step has not been taken and your spouse has not made an effort to provide support for his or her children, it could be considered that both you and the kids were abandoned by your spouse.
3. Your Spouse Left You Without an Income
If you are a homemaker, are currently unemployed or otherwise do not have an income of your own, you have probably relied on your spouse to provide for you and the household. If your spouse leaves you without an income and without a plan to pay the bills and take care of yourself, it could be considered abandonment, depending on the circumstances. A good divorce attorney can talk to you about your situation to determine your best course of action, and he or she can also help you determine whether or not you might qualify for alimony during the divorce proceedings.
As you can see, there are a few different factors that you can look at to determine if your spouse abandoned you. Since every marriage (and divorce) and every state is different, your best bet is to talk to a divorce attorney, like Garrett & Silvey Law Firm, to get legal advice about your specific situation.