What if he's claiming desertion even though he knew I was moving?
Filing for divorce is not an easy process. As a person files for divorce, they may need to think about all sorts of factors that can influence the outcome. Many specific considerations govern divorces. This includes any assets that have been built up over the course of the marriage. It also includes decisions regarding any children that were born to the couple when they were married. Many applicants know little about the process of divorce until they start to file for a divorce. During the process of divorce, all sorts of unexpected issues and problems can come up.
The Issue of Fault
One such issue is the issue of fault. Many couples choose what is known as a no fault divorce. A no fault divorce is a highly popular form of divorce that is available in all fifty states. This kind of divorce means that no fault is assigned for the reason the marriage isn’t working right now. Instead, both parties are free to leave after the divorce is completed and go about their separate ways. A couple might also chose what is called a fault divorce. A fault divorce is an option in certain states. The fault divorce means that one party admits there were at fault in causing the problem. This type of divorce is one option that people may choose if there are underlying issues between the two parties. A couple that has one or more parties who feel they have been wronged during the marriage might choose to ask for a fault divorce.
While most couples choose to live together during the course of their marriage, there are circumstances in which this may not be advisable. For example, a busy business owner may need to spend several weeks overseas opening up a new branch of his company. In that case, it may not make sense for the entire family to leave school and a job just to be with them for a few months. A woman might take a military posting and realize it’s not in her best interests to uproot her family. These circumstances are not considered desertion even if the couple later decides to divorce. At the same time, one partner may decide to leave the marriage. She may decide she’s simply not happy with the marriage and wishes to leave her partner. She may hire a moving van, let the man know she’s moved on and then contact him to work out a settlement over time.
A Claim of Abandonment
When a couple files for a fault divorce, they need to indicate that reason for a divorce. One such grounds are what are known as abandonment. Abandonment means one partner has simply left without informing the other partner about their decision to leave. Abandonment can have consequences in the law. For example, if someone claims the partner abandoned the marriage and the children, this can affect custody arrangements going forward. The partner claiming abandonment can ask for primary custody or even sole custody of the children because one partner is no longer living there and caring for their kids. They can also claim that the other partner is no longer supporting them financially. This can lead the other partner to ask for child support. A claim of abandonment, should therefore be taken very seriously by each party.
It Can be Desertion
It can be desertion under certain circumstances. If one partner saw you move it can still be abandonment if you failed to tell him your new address. If you also stopped communicating with your spouse, this can also be considered abandonment under state divorce laws. If you merely told him you were planning to move at some point in time but did not specify the date, this can also help him make a case that you have chosen to abandon him in a court of law. This can create potential problems for you as the divorce continues. This is why you need to be very careful when you are planning to divorce and you want to move on. You may still need to keep in touch with your former partner. You will need to make sure that you and he speak about any arrangements you have made for your children. You may also need to stay in touch about issues such as your joint financial accounts and paying your bills even after you’re no longer living with him.
Fighting For Your Rights
Just because your former partner states that you have chosen to abandon him does not mean that you have done so legally. The law is highly specific about what constitutes abandonment and what does not. You can choose to dispute this claim with the help of a divorce lawyer. Doing so can help you protect your financial interests and the assets you have accumulated during the course of the marriage as well as the child custody arrangements you want once the divorce process is done. Choosing to fight any allegations of abandonment may be in your best interests overall no matter the state of your marriage. The allegation of abandonment can be serious and may create seriously unpleasant home conditions for you long after the divorce if finished. A good attorney can help. They can help you gather the documents you may need to argue against these charges as well as provide additional legal evidence in your favor.