If your spouse has left you without any attempts at communication, you might be wondering, “What is marriage abandonment in California?” and what the legal implications are. Whether you and your spouse are already going through a divorce or not, a qualified family law attorney can guide you through the process. Read on to learn more and contact Law Office of Michael L. Fell at 949-585-9055 for a legal consultation.
What Is Considered Spousal Abandonment in California?
Marriage abandonment, or spousal abandonment, occurs when one spouse intentionally leaves the marital home without the other spouse’s consent, presumably with the intent to end the marriage. Under California law, spousal abandonment is recognized when the abandoning party has no intention of returning and has been consistently absent from the marital home for an extended period.
While some states may use marriage abandonment as grounds for divorce, California operates under a “no-fault” divorce system. This means that grounds for divorce aren’t required; California’s “no-fault” divorce uses the grounds of “irreconcilable differences” for all marriage dissolutions, regardless of the circumstances, and no evidence needs to be provided. No-fault divorces can proceed without the consent or presence of both spouses.
Although marriage abandonment is not required to file for divorce, nor does it impact a spouse’s ability to move forward with the proceedings of a marriage dissolution, it can still present certain issues that need to be addressed, especially if the abandoning spouse left amidst settling the divorce.
Navigating Family Law During Marriage Abandonment
Marriage abandonment can affect various family law matters, including filing for divorce, finalizing an ongoing divorce, or modifying court orders resulting from marriage dissolution now that one party is no longer present. How you may need to proceed after experiencing spousal abandonment will differ depending on your circumstances; consider consulting with a family attorney about your case.
In a typical divorce, marital property is divided equitably between both parties. In cases of spousal abandonment, the court may determine that by abandoning the marriage, the spouse has forfeited their share of the property. The court might award a portion, or all, of the marital property to the spouse who was abandoned or even allocate a larger share of the marital debt to the abandoning party.
If abandonment has resulted in financial hardship for the remaining spouse, the court is likely to consider this when determining alimony, also known as spousal support. Standard divorce procedures involve the court looking at each spouse’s ability to earn income, their financial needs, and other factors. However, following marriage abandonment, the court will likely order the abandoning spouse to pay spousal support.
Child Custody and Support Following Spousal Abandonment
The decision to abandon one’s marriage and any children shared is also likely to be noted by the family court when deciding child custody and financial support. As with any custody case, the court will consider all relevant factors to determine the ideal custody arrangement for the child’s wellbeing.
Both parents are legally obligated to provide financial support to their children, making it a crime for either party to willfully avoid furnishing their child’s basic necessities. If you are given primary physical custody of the child, you may seek child support from the abandoning spouse with the help of the court, which can order them to provide support or face repercussions.
If the abandoning party shows no intentions of returning to care for their child, provide child support, or fulfill their parental duties, the child’s other parent or the courts can use this abandonment as sufficient grounds for the absent parent to be stripped of their parental rights. This means the custodial parent can seek sole custody, or other interested parties may petition for shared custody or guardianship, such as the abandoning spouse’s parents.
Compassionate and Competent Family Law Firm
Law Office of Michael L. Fell has assisted in numerous divorce proceedings, including when one spouse is unwilling to compromise or has seemingly abandoned the marriage. Reach out to our team today to speak with a qualified attorney who’s ready to help you every step of the way. Contact us at 949-585-9055 for a consultation.