Abandonment in a divorce refers to one spouse leaving the other without consent or justification. When one spouse deserts the other, especially for months or years, it often leads to the breakdown of the marriage. Abandonment can be used as a reason to initiate a fault-based divorce. For more information and legal advice speak with a Montgomery County divorce lawyer today.
Does Pennsylvania Offer Fault-Based Divorces?
Like many other states, Pennsylvania offers both no-fault and fault-based divorce. A no-fault divorce is when two people simply are not compatible and no longer want to be in a relationship anymore but it is not based on some offense either party committed. Grounds for a no-fault divorce are generally irreconcilable differences or an irretrievable breakdown of the marriage.
Individuals may also file for a fault-based divorce, where they claim that the termination of the relationship is based on their spouse’s actions or wrongdoings. These divorces are more complex because the filing spouse must prove their claim and the reason for the divorce can affect the outcome of property division, alimony, child custody, and child support. Valid grounds for a fault-based divorce in Pennsylvania include the following.
- Adultery
- Cruel and barbarous treatment
- Bigamy
- Imprisonment
- Unbearable mistreatment
- Abandonment
What is Abandonment in a Divorce?
Abandonment is the willful desertion of a spouse. In a Pennsylvania divorce, an individual will have a valid claim of abandonment if their spouse left the marital home without a reasonable cause for at least 12 months. As established above, abandonment is one of several valid grounds for a fault-based divorce in Pennsylvania. When two individuals get married they are promising to live together and support each other both emotionally and financially. When one spouse breaches their marital duties by leaving the home and living somewhere else, it becomes a reason for the termination of the marriage.
How Can I Prove Abandonment?
While abandonment is a valid reason to file for a fault-based divorce in Pennsylvania, the filing spouse is required to prove their claim. To successfully do so they must demonstrate the following.
- Their spouse left the home for a minimum of one year
- Their spouse showed no intention of returning
- They did not consent to the spouse leaving
- The spouse had no justifiable reason to leave
In many cases, the filing spouse must prove that their partner ceased financial support to them, the home, and their children as well. An individual can prove desertion by working with a skilled family lawyer to collect documentation and evidence of the spouse leaving the home, financial information regarding how they stopped contributing to the house and family, written communications, witness testimony from individuals who can attest to the abandonment, and other relevant data and evidence.
Understanding the implications of abandonment in divorce is crucial. Speak with a skillful lawyer for more information and legal advice.
