Abandonment can impact divorce proceedings in many ways, especially when it comes to issues like asset division, alimony, child support, and the overall termination of the marriage. Understanding what constitutes abandonment is essential for couples going through divorce proceedings. Read on and work with a York County, PA divorce attorney for more information on how to file a fault-based divorce.
What is Abandonment in Divorce Proceedings?
Abandonment is a valid ground for divorce in Pennsylvania. Also known as desertion, abandonment occurs when a spouse willfully leaves the marital home without justifiable cause for at least 12 months. There cannot have been a valid reason for them to have left like their partner having an affair or abusing them, as an important element of abandonment is the intention of the spouse to not return and end the relationship. Under PA law, abandonment must be willful and malicious and be done for at least 1 year without the intention of returning.
Abandonment is not only limited to one spouse physically leaving the other. It can also include emotional abandonment, where the spouse withdraws, refuses to connect emotionally, and refuses to fulfill marital obligations like providing support, affection, companionship, etc.
What is a Fault-Based Divorce?
In Pennsylvania, there are both no-fault and fault-based grounds for divorce. A no-fault divorce is one where there is no specific reason or wrongdoing that either spouse committed to lead to the end of the marriage, it simply did not work out. No-fault grounds generally include irreconcilable differences or an irretrievable breakdown of the relationship.
Fault-based divorces are filed by an individual because of the actions and behavior of their partner. Some wrongdoing or fault on the part of their spouse directly led to the breakdown of the marriage. Abandonment is one of many fault-based grounds for divorce, meaning that the spouse who left can be held accountable for the end of the relationship and their actions will impact the outcome of the divorce. Other grounds include:
- Adultery
- Cruel treatment
- Bigamy
- Incarceration
The above and more are considered valid reasons to file for a fault-based divorce.
How Can I File for Divorce Based on Abandonment?
To file for divorce on the grounds of abandonment, the filing spouse must show evidence that the other spouse intentionally left the marital home without their consent and did not return for at least 1 year. This can be done by recruiting the help of an experienced attorney who will guide the individual through the process of collecting evidence and filing the necessary paperwork. Written communications, witness testimony, financial documentation, and more can prove beneficial when attempting to prove desertion.
Reach out to a skilled attorney today for more information and legal advice.
