Abandonment: A Common Misconception in Divorce

In Alabama, there are several different grounds upon which someone may file for divorce. They fall into two categories: fault and no-fault. While no-fault means that neither party bears the blame for the divorce, fault mean that the dissolution of the marriage is caused by the conduct of one of the parties.

Spousal abandonment is one of the three types of “fault” grounds.

What Is Marital or Spousal Abandonment?

In Alabama, a continuous absence from the marriage “bed and board” is considered voluntary abandonment. This means that one spouse leaves without the intent of returning. This person has left their spouse and severed all ties and responsibility – including related financial obligations – without good reason.

What Is Considered Marital Abandonment?

Legally, an individual is required to take care of an ailing dependent spouse or any minor children. If the spouse leaves the family and is unreachable or refuses to take care of the family financially, this can be considered criminal spousal abandonment.

In order to prove abandonment, the abandoned spouse must use direct or constructive evidence to demonstrate their claim. The spouse claiming abandonment must prove that the couple kept separate residences and didn’t engage in marital relations for a required period, usually a year.

Misconceptions About Abandonment in Divorce

Cases in which one spouse claims abandonment can be complicated. There are many different situations and factors involved from both sides that prompted the abandonment.

• Separation – Legal separation is not the same as abandonment. When one spouse moves into another residence before a divorce but continues to honor their family obligations and financial obligations, it is not considered abandonment. Likewise, it is not considered abandonment when a spouse leaves the marital home after an argument but returns home after days or weeks. Abandonment is desertion for no reason that exceeds a specific length of time, usually a year.
• Child support – A parent has a legal obligation to support their children. When one parent does not live up to this obligation, the abandoned parent can petition the court for sole custody of the children and termination of the spouse’s parental rights. The abandoned parent must prove that the child has been abandoned, abused, or neglected. Once this happens, the court can terminate parental rights of the abandoning spouse, which also terminates that person’s responsibility for the child’s financial support.
• Domestic abuse – A situation in which a person flees an abusive partner in a crisis is not the same as abandonment.
• Relocation – It is not considered abandonment if a spouse refuses to relocate if their spouse is transferred through work.
• Property rights – When the abandoning spouse vacates a shared residence, they give up the right to make decisions about any abandoned personal or real property. The abandoned spouse still retains access to the home. If the abandoned spouse has been paying all the mortgage payments and all the bills, they may have a persuasive case that the other spouse forfeited all equity rights to the marital property.

How Can New Beginnings Family Law Help Me?

If you are seeking a divorce or if your spouse is seeking to divorce you, you undoubtedly have many questions. The Huntsville divorce lawyers of New Beginnings Family Law are here to help you understand your rights and explain the complex legal issues at stake, including abandonment.

If you are seeking to prove abandonment, you will require the assistance of an experienced divorce attorney to gather and present ample evidence in court to support your case. If your spouse is claiming abandonment, we’ll stand by you and help you fight back.

Our experienced family lawyers are ready to help, so contact us now to schedule a confidential consultation.

Types Of Issues You Need A Divorce Lawyer For

Our Alabama divorce lawyer knows that divorce often involves more than ending a marriage. You may need to make decisions about finances, property, and family responsibilities that affect your future for years to come. Having legal guidance can help you address these issues with more confidence and avoid mistakes that could create long-term problems. While every case is different, there are several areas where a divorce lawyer can provide valuable support. We have more than a decade of experience in all types of family law cases, so don’t hesitate to call us for help.

Division Of Property

Property division is often one of the most disputed aspects of divorce. From the marital home to bank accounts, retirement savings, and personal belongings, deciding how assets should be divided can be stressful. Each state has rules on how property is classified and divided, and without legal help, you may not fully understand what you are entitled to. A lawyer can review all marital assets, address disagreements about ownership, and work toward a division that protects your financial security.

Division Of Debt

Our Alabama divorce lawyer knows that debts must also be divided during divorce, and this can be just as important as dividing property. Credit card balances, mortgages, medical bills, and personal loans are often shared responsibilities that need to be fairly allocated. Without proper legal guidance, you may risk being left with more debt than you should carry. A divorce lawyer can review financial records, determine which debts are marital or separate, and help negotiate a fair division that avoids unnecessary burdens.

Child Custody And Visitation

When children are involved, custody and visitation decisions take center stage. These arrangements affect where your children live, how often they see each parent, and how daily responsibilities are managed. Disputes can quickly arise if parents have different views on what is best for their child. A lawyer can help present your position to the court, protect your parental rights, and work toward an arrangement that supports stability and consistency for your child.

Child Support

Child support is designed to cover your child’s needs, but calculating the right amount can be more complicated than it seems. Income, custody schedules, and special expenses like health care or education all play a role. A divorce lawyer can help make sure support is determined accurately and that the order reflects your child’s best interests. Legal help is also valuable if you need to modify or enforce child support after the divorce is finalized.

Alimony Or Spousal Support

In some divorces, one spouse may be entitled to alimony, also known as spousal support. This financial support is intended to help a spouse adjust after the end of the marriage, especially when there is a difference in earning power or financial resources. Deciding whether alimony should be awarded, how much should be paid, and for how long often leads to disputes. A lawyer can evaluate your circumstances and advocate for an outcome that is fair.

Hidden Assets Or Income

Divorce requires complete honesty about finances, but in some cases, a spouse may attempt to hide assets or underreport income. This can create an unfair settlement and leave you at a financial disadvantage. A divorce lawyer can help investigate financial records, work with professionals to uncover hidden resources, and bring the full picture before the court. Addressing this issue properly is key to achieving a fair division of property and support.

Divorce is rarely simple, but you do not have to go through the process alone. The decisions you make during this time will shape your financial and family future, which is why having strong legal support matters. At New Beginnings Family Law, we are committed to helping you protect your rights and move forward with stability. Each person at our firm has been personally touched by family law issues in some way, so we take each case to heart and will fight for you. If you are facing divorce, reach out to our Alabama divorce lawyer today to take the next step with guidance you can trust.