If you are dealing with spousal abandonment, it’s in your best interest to seek professional guidance from our dedicated Bristol County Divorce Lawyers who can help protect your rights and interests. Please continue reading to learn how desertion can impact divorce proceedings.
What is Abandonment in a Marriage?
To get a divorce in Massachusetts, you need to establish a legally accepted reason (ground). Spousal abandonment, also known as desertion, is a fault-based ground for divorce that occurs when one spouse leaves the marital home without consent, without justification, and with no intent of reconciliation. In Massachusetts, a spouse must be out of the marital home for a year or more before the other spouse can file for divorce on the grounds of desertion.
It’s important to understand that abandonment is not the same thing as separation, which occurs when spouses decide to live apart as a trial, in anticipation of divorce, or instead of divorce. If you give permission or agree to live separately, the act doesn’t constitute spousal abandonment. The absence of consent from the deserted spouse is crucial.
How Can Desertion Impact My MA Divorce Settlement?
If you are considering filing for divorce based on your spouse’s abandonment, it’s important to understand that pursuing these grounds can drastically affect the resulting divorce settlement. Desertion can influence the court’s decision regarding property division and alimony. It can also impact the outcome of custody and child support orders.
Massachusetts operates as an equitable distribution state, which means that the court divides marital property between spouses in a manner that is fair but not necessarily equal. Abandonment doesn’t necessarily entitle a deserted spouse to a larger share of the marital property. However, the court can award the remaining spouse a greater share if the spouse who left did not contribute to certain expenses, such as mortgage payments.
When it comes to spousal maintenance, the court will consider numerous factors to determine whether they should award this type of financial support, how much the payments will be, and how long they will last. If the abandonment has resulted in financial hardship, it could lead to an increased spousal maintenance obligation. Similarly, if the deserting spouse has left the marital home without providing financial support, it could result in an increased child support obligation to make up for the neglect.
Furthermore, if one parent has intentionally abandoned the family, it can influence the court’s decisions regarding custody arrangements. The deserting parent may find it challenging to obtain custody or may be granted limited visitation rights. This is usually the case if the court finds that the abandonment has negatively impacted the child’s well-being. The court can view abandonment as a type of neglect.
At The Law Offices of Cynthia L. Hanley, P.C., we are prepared to help you gather the evidence you need to prove that you meet the legal requirements for abandonment. Connect with our firm today as we can provide you with the support and guidance you need during this difficult time.
