Divorce & Property Abandonment
- Any spouse who leaves the premises and fails to return with no explanation or reason is in danger of being charged with abandonment, according to Divorce. com. Leaving for one week or one year may not matter if one disappears without warning or consent. One may leave the premises without fear of abandonment charges so long as the separation is mutual between both parties.
- Walking out on a home can adversely affect the lives of children. While all states acknowledge that both a mother and father are equally important in the raising of a child, custody law will favor the parent who lives and works through divorce proceedings in the best interest of the child. Abandoning a home with children and failing to support minors under 21 years of age will likely result in the garnishment of wages or possible jail time, according to the Mississippi State Bar Association.
- Property distribution often differs in one of two ways in a divorce. Equitable distribution, for example, is proportional and does not guarantee an even split of property or other assets. Alternatively, community property law automatically grants each party 50 percent of all joined assets. At the time of publication, 41 states adhered to equitable distribution while only nine followed community property laws. Check with your divorce attorney on current laws for your state.
- Prepare to forfeit all legal rights to physical property if you are charged and convicted of abandonment. Extenuating circumstances -- leaving a property without warning due to physical abuse, for example -- can affect the dynamic and will certainly be taken into consideration by a court of law. Alternatively, a father or mother who walks out on a house, spouse and kids may give up legal recourse to fair distribution of property, assets or child custody.
Definition of Abandonment
Children
Standard Distribution
Consequences
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