How to Determine when Relocation during Divorce Involves Abandonment

It can sometimes be difficult to identify when relocation during divorce is clearly abandonment. Does it begin just because your spouse walks out of the house without telling you he or she wanted a divorce or is there some clearly defined method that determines when you can classify an act as one of abandonment? In the case of someone in the military or someone who travels with their job, it is essential to be able to determine where the job ends and the abandonment begins. Just because your spouse walks out and is gone for weeks doesn't mean you have a case of abandonment unless you know for certain the absence is not due to military or work obligations.rnAnother thing to keep in mind is that you cannot consider your spouse's presence abandonment if he or she stays in touch with you by phone, letter or e-mail. Abandonment means the party has walked away from the marriage and in most cases refuses to provide any type of voluntary support. Those who abandon their marriages may also abandon their children—in essence, they divorce not only their spouse but also their children and anything else that relates to the marriage. rnThere are some specific things you can look for that may give you a clue your spouse has abandoned you and your marriage. • Removed all his or her prized possessionsrn• Removed their name from your joint bank account and credit cardsrn• Changed their cell phone number so you can't reach themrn• Quit their job without telling yourn• Takes more clothes than usual on a business trip—maybe bring back less than they took in an effort to begin moving outrn• Stops coming home after workrnThese signs can also just mean your spouse is looking to get out of the marriage, but they can also indicate a potential abandonment, especially if he or she is closing the lines of communication. There is sometimes a very fine line between simple relocation during the divorce process and abandonment. You need to be able to identify where your situation falls because it makes a big difference in the eyes of your lawyer and the court. When your spouse abandons you the court will look at it differently than they will when your spouse just moves out with the intention of filing for divorce. rnOne way to determine if your spouse is abandoning you instead of simply preparing to file for divorce is the way he or she does it. There are usually signs that something is wrong before your spouse leaves with the intent of filing for divorce. In the case of abandonment the decision is quite often spur of the moment without warning. You usually have no hint anything is wrong, and the spouse usually makes no plans until he or she makes the final move. However, if there are provisions for support it is not technically abandonment; abandonment translates into walking away from everything and leaving all responsibilities behind.