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Most couples file for divorce to legally end unhappy marriages. However, some family law attorneys represent people reeling from abandonment. The simplest legal definition of marital abandonment is described as the act of someone forsaking duties to a spouse or minor child without cause. When you marry someone or have children, you enter into a binding contract to act in the best interest of the other party. If this contract is broken, the violator can face criminal charges. Here’s what you need to know about abandonment, and how it’s handled in Alabama courts. 

Your Guide to Alabama Abandonment Law

Voluntary Abandonment

If an abandoned spouse decides to file for divorce, he or she can file on one of two grounds: voluntary or involuntary abandonment. Voluntary abandonment occurs when one spouse leaves the marital home continuously for one year or more with consent from the other. Family law attorneys cite that the couple must have lived separately without participating in extramarital affairs for a voluntary designation. Voluntary abandonment will have no effect on property distribution or spousal support in divorce proceedings, because you agreed your spouse could leave. 

Involuntary Abandonment

family law attorneyInvoluntary abandonment occurs when one spouse deserts the other against their wishes as a means to end the marriage. Typically, involuntary abandonment is a surprise to the deserted spouse. This does affect property distribution and custody agreements. Family law attorneys can help abandoned spouses file the paperwork necessary to end the marriage and get the financial assistance they deserve. If the court can prove the spouse who abandoned the household withheld financial support or was violent toward the family, he or she could face criminal charges. 

How Can a Family Law Attorney Help?

Family law attorneys will advise that it's generally better to file for divorce or legal separation rather than sift through the wreckage of abandonment. Since Alabama is a "no-fault" divorce state, couples do not have to prove a specific wrongdoing to get divorced — they only have to show the court that there was an “irretrievable breakdown” of the marriage. Filing for divorce prevents you from facing possible criminal charges or losing property in a divorce settlement.

 

Dealing with marital abandonment of a spouse or child is difficult on everyone. That’s why William A. McWhorter is committed to helping families throughout St. Clair County, AL, get the help and support they need. With more than 20 years of experience, the family law attorney is dedicated to ensuring the rights of families are protected in every circumstance. To schedule a consultation, call (205) 338-4411 or visit the firm’s website to browse a full list of services. 

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