Ending a marriage is rarely easy, and emotions often run high. Many believe that if their spouse left the marriage, they have grounds to “sue” them for abandonment. But what constitutes abandonment in a California divorce, and how can it affect the outcome of your case?
What constitutes abandonment in a divorce?
California law does not see “abandonment” as a valid reason for a fault-based divorce as it does for adultery or cruelty. But it may be considered “criminal abandonment” when a spouse leaves the marriage without consent or a good reason. To prove your spouse deserted the family, you must show:
- Your spouse left intending to end the marriage.
- You did not agree to them leaving.
- They had no valid reason to leave.
Proving desertion can be challenging, but it might affect how the court divides property in a divorce. California follows community property rules, which means spouses usually split assets and debts acquired during marriage equally. However, suppose one spouse wasted community property shortly before or during separation (for example, through adultery or gambling). In that case, the court might favor the other spouse and give them a larger share of the assets.
How does abandonment affect custody and support?
A spouse leaving the marital home does not mean they lose their parental rights, as California courts prioritize the child’s best interests when deciding on custody and visitation schedules. While past abandonment could affect custody decisions, the court considers various factors, including each parent’s ability to provide a stable and loving environment. Similarly, while “abandonment” alone does not ensure spousal support, the reason for a spouse’s departure can affect the court’s decision.
What are my options now?
If you are facing abandonment in your marriage, it is essential to understand your rights and options. A family law attorney can help you determine the best course of action so you can receive a fair outcome in your divorce proceedings.