What Does Abandonment Mean? A Common Misconception In Divorce

Abandonment as Grounds for an Alabama Fault Divorce

Abandonment occurs when one partner in a marriage has left the other partner without their agreement. In Alabama, if someone wants to prove that their spouse has abandoned them, they have to show that their spouse has not lived with them or been a part of their relationship for at least one full year before the start of the divorce process.

A spouse may feel “abandoned” by his or her partner if they moved out due to marital problems. However, if they are still paying the bills and spending time with the kids, there aren’t grounds to claim abandonment legally.

The Legal Definition of Abandonment

Abandonment is a legal term with specific circumstances that must be met in order for someone to make the claim that they have been abandoned. The exact circumstances that constitute abandonment vary from state to state, but typically involve one spouse forsaking his or her responsibility to the family physically, emotionally, and financially for a period of at least one year, without the consent of the remaining spouse.

Abandonment and Alabama Divorce Law

In Alabama, marital abandonment is grounds for an at-fault divorce, and the absent spouse may face consequences when the time comes for asset division, alimony,  child custody, and child support. There are currently at least 17 states that do not recognize fault-based divorce; therefore abandonment is not a relevant allegation in divorce proceedings in those states.

“Other states refer to abandonment as desertion, and there is a fine legal line between the two. Desertion requires that your spouse leave you with the intent of terminating your marriage. Abandonment simply means that he left,” says Beverly Bird for LegalZoom.

Other Types Of Abandonment  

Criminal abandonment occurs when a spouse ceases to provide care or support for his or her partner who has significant health problems, or minor children. For example:

“If you have a spouse who suffers from cancer and you’ve become tired of being a caretaker the court will not recognize your desire to leave someone who is dependent upon you as grounds for a divorce. You will be granted a divorce. No-fault divorce laws are in place to make sure anyone who wants a divorce is able to get a divorce.

You will, however, pay for your desire to no longer be your sick spouse’s caretaker. You are free to walk away from a sick spouse but the courts will view that spouse as financially dependent upon you and will hold you financially responsible for helping maintain the care needed via a court order.

Also, if you have a wife and children, you are not free to walk away and discontinue helping your wife support your children,” explains Kathy Meyer, Certified Divorce Coach.

Constructive Abandonment means that one spouse has made it unbearable for their partner to continue living together, or stay married, and the only option is to leave. “Just cause” to leave under these circumstances includes domestic abuse, infidelity, withholding sex, and refusing financial support.