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Definition Abandonment - the term used to describe the action of one spouse leaving the marital home without consent. This action is deemed as grounds for divorce in some states or provinces.
Application in Divorce In reference to abandonment as a ground for divorce, most state laws require that a minimum amount of time must have elapsed since a spouse left the marital home before a divorce can be granted (for example, six months or one year). Not all states consider abandonment as a ground for terminating a marriage.

Before abandoning the marital home, it is best to consult with a local attorney because in certain jurisdictions there may be legal repercussions that would be detrimental to one’s case. For example, it may be difficult to establish and present a convincing case for physical custody of a child, if the parent knowingly left him or her with the other parent for a significant period of time.

Abandonment is often referred to as the act of one parent leaving behind a family and thus providing limited or no support emotionally or financially.

Unfortunately abandonment is an epidemic in the United States. As more parents divorce, many children have a childhood shared with just one parent. In certain cases this is for the best, due to verbal or physical abuse, but in most situations it has become a choice for the parent to estrange himself or herself. Many states have instituted mandatory parenting classes for those parents going through a divorce, with have an emphasis on parental responsibility.

See also Desertion.

Questions & Answers
What are grounds?
"Grounds" are the legal reasons for requesting a divorce. When a person initiates a divorce by filing a "complaint," he or she has to state the reason for requesting that divorce. The reason or reasons are the grounds.
What about just up and leaving the marriage? That has to be grounds for divorce.
Yes, traditionally abandonment or desertion was another fault.
Abandonment means that one spouse has left the other without consent.
Many times spouses abandoned marriages because they could not get a
divorce any other way. By abandoning their spouses, they got what the
wanted: an end to the marriage.
How long does the abandonment have to be?
The length of time of the abandonment varies from state to state. Your lawyer will know the law in your state.

Helpful Tips & Facts
  1. Abandonment vs. Living Separate & Apart
    In many no-fault divorce states the only grounds for a no-fault divorce
    is living separate and apart for a certain period of time. Many spouses
    who are in agreement do not realize that they may qualify to file under the
    grounds of abandonment in order to bypass the living separate and apart
    requirement.
  2. Consult Family Law Attorney
    It is best to consult a family law attorney before abandoning the
    marital residence. There may legal ramifications of taking such action
    without proper preparation and understanding of the possible
    repercussions.
  3. Before You Exit the Marital Home
    Abandonment of the family home almost always hurts a parent’s chance to be awarded physical custody of a child upon divorce
  4. The Repercussions of Leaving
    The manner of leaving as a fault issue is not as important as it used to be; however, in some states it can affect property distribution and support.
Additional Resources
Abandonment A Divorce Issue
This is an article that addresses the many facets of abandonment in divorce.
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