Whether your marriage wasn’t going well or you had no idea your spouse was unhappy, the last thing you expect is to return home after running errands to find them and their belongings gone. Despite attempts to contact them, you don’t hear back, leaving you concerned and confused about what happens next. Unfortunately, abandonment is an incredibly complicated matter, so understanding the impact it can have on your divorce is critical. The following blog explores what you should know about these issues and why working with a Nassau County divorce lawyer is critical to protecting your best interests during these challenging times.
What Is Abandonment?
In New York, one of the grounds for a fault-based divorce is abandonment. New York has slightly different laws than other states regarding what constitutes abandonment. Typically, abandonment occurs one of two ways – the first is when the spouse leaves the home with no intention of returning to the marriage. However, there is also “constructive” abandonment, in which one spouse refuses to engage in sexual intercourse with the other. Abandonment must last a year, and no attempts to reconcile the marriage can be made during this period.
It’s important to understand that abandonment and separation are not the same thing. Separation typically begins when one spouse leaves while informing the other and continuing to pay for household and child-related expenses while the divorce process is ongoing. This is often the result of not wanting to remain in the marital home during the process.
You should note, however, that if one spouse is forced to abandon the marriage because they are facing abuse at the hands of their spouse, the court will consider this a non-voluntary departure from the home and, therefore, would not constitute typical abandonment.
Will My Spouse Face Any Consequences?
In New York, filing for divorce based on fault grounds is something that is becoming more archaic. However, it is still possible to pursue this option. Though it may not impact the outcome of your divorce directly, like how much alimony you receive or how property is divided, you’ll find that abandonment can impact child custody.
If you and your spouse share a child and they abandon your family, the courts will not look favorably upon them in custody matters. In many instances, they may grant full custody to the abandoned parent and require child support payments from the spouse who left. This is because they do not look favorably upon parents who desert their children with no intention of helping raise the child or covering childcare expenses.
Being abandoned by your spouse can be an incredibly upsetting and emotional matter. As such, ensuring you work with an experienced attorney is critical to fighting for your best interest during these times. At Barrows Levy PLLC, we understand that this is an incredibly emotional matter. That is why our firm will do everything possible to help make this process as simple as possible so you can focus on moving on to the next chapter of your life. Contact us today to discuss your circumstances.
