Abandonment as Grounds for Divorce: Alabama Divorce Law
Marriages end in divorce for many reasons. Irreconcilable differences, domestic violence, and adultery are only a few of the most common. At this point, couples can even cite inappropriate intimate relationships that take place online as grounds for divorce. Abandonment also enters the mix. When it comes to filing for divorce on these grounds in Alabama, though, the situation can be complicated.
What Constitutes Abandonment in Alabama?
Over time, the concept of abandonment and the laws surrounding it have changed. In the past, abandonment simply meant that a spouse left the marital home. Today, it’s a bit more convoluted than that, so seeking council from a divorce lawyer is essential for proving abandonment.
To qualify as abandonment in Alabama, the accused spouse has to have been absent for at least one year. If said spouse moves out of the home but continues to carry on a relationship with their partner, abandonment can’t be used as grounds for a divorce. Additionally, if the decision to live separately is mutual, it’s not considered abandonment.
Digging Deeper into Abandonment Laws
From a legal standpoint, there are different forms of abandonment. Voluntary abandonment occurs when one spouse willfully leaves the home without a justifiable cause or the other spouse’s consent. As noted, the spouse must be out of the home for at least a year to constitute abandonment. During that time, the accusing spouse must be able to prove that he or she made an effort to maintain the marriage.
Constructive abandonment occurs when one spouse’s behavior becomes so intolerable that the other spouse has no choice but to leave. This behavior must be proven severe enough to give the deserting spouse a valid reason for abandoning the marriage. Being overly controlling and abusing drugs or alcohol may be acceptable grounds for leaving. In cases like these, the spouse who leaves becomes the innocent party who’s seeking divorce on the grounds of constructive abandonment.
Criminal abandonment is defined as a spouse deserting his or her partner and refusing to provide needed support. It’s considered criminal abandonment when a person leaves behind a spouse and minor children and doesn’t provide financial support. If a spouse leaves behind a partner who is sick or disabled simply because he or she doesn’t want to provide care, that constitutes criminal abandonment as well.
Filing for Divorce on the Grounds of Abandonment
To file for divorce on the grounds of abandonment in Alabama, certain steps must be taken. First of all, you’ll file a divorce petition with the court in the county in which you live. In the petition, you’ll cite abandonment as grounds for the divorce. Keep in mind, though, you’ll need to prove that your spouse abandoned you for those claims to hold up in court.
- Proof of Desertion - You’ll have to provide evidence that your spouse has been absent from your home for at least a year and has no intention of returning or making amends.
- Intent - You must prove that your spouse willingly left without your consent or a justifiable reason. If you’re using constructive abandonment as grounds for divorce, you’ll need to provide proof of your reasons for leaving.
- Lack of Support - You must provide evidence that your spouse has failed to provide financial support or contribute to your household since leaving. Refusing to provide emotional or physical support may also be used as evidence.
- Attempts to Communicate - You’ll need to prove that you’ve attempted to communicate with your spouse and maintain the relationship since he or she moved out as well. That could include documentation of text messages and emails.
- Witness Testimonies - Witness testimonies can also help strengthen your case. Witnesses may be able to confirm that your spouse moved out and isn’t contributing to your household. They may also be able to corroborate your reasons for leaving if you’re filing on the grounds of constructive abandonment.
After filing the divorce petition and providing acceptable evidence of abandonment, you can request temporary orders for alimony, child support, and other matters. Then, you’ll need to give your spouse a copy of the paperwork and provide proof that those papers were served. From there, your spouse will have a chance to respond to the petition and your requests for temporary court orders.
How Does Abandonment Impact Divorce Proceedings?
It’s important to mention that Alabama allows for no-fault divorces. If you can’t provide proof of abandonment, you won’t be denied a divorce. Still, filing on the grounds of abandonment and being able to prove that your spouse deserted you can have a significant impact on the proceedings.
- Division of Property and Assets - The court will take abandonment into account when dividing joint property and assets because of its financial impact on the abandoned spouse.
- Alimony in the Case of Abandonment - Spousal support rulings can be affected by abandonment as well. Due to the resulting financial hardships, you may be entitled to more spousal support if you’re able to prove that your spouse deserted you.
- Child Support - Parents are legally required to support their children. Unless extraordinary circumstances are involved, you’ll be granted child support. Since abandonment entails refusing to provide financial support for the spouse and children who are left behind, the court takes matters like this very seriously.
- Child Custody - Courts strive to make custody decisions based on children’s best interests. Abandonment can greatly affect child custody because of its impact on children’s emotional well-being and other factors. In most cases, the spouses who are left behind in these cases automatically receive custody of the children.
Each divorce case is different, so the outcomes will be as well. Even so, being able to provide sufficient evidence of abandonment could turn the tables in your favor. It may also influence the portion of the legal fees your spouse is required to cover.
What If My Spouse Refuses to Sign the Divorce Papers?
Unfortunately, quite a few people find that their spouses are unwilling to sign divorce papers. In abandonment cases, tracking down the accused spouse to have him or her sign is often difficult. If your spouse refuses to sign the divorce papers, you won’t be denied a divorce. That said, you’ll need to set up a hearing and present your evidence to the judge so he or she can decide on the terms of your divorce.
Divorcing on the Grounds of Abandonment in Alabama
Abandonment is considered valid grounds for divorce in Alabama, but proving it isn’t always easy. Providing evidence of abandonment is the key to success. Working with a divorce lawyer can make a world of difference in the process and the outcome of your case
