Understanding Marital Abandonment
Marital abandonment is a painful experience that affects many people each year. If you’re facing abandonment by your spouse, it’s important to understand what it means and how it can impact your life.
In this article, we’ll define what marital abandonment is, the types of abandonment you may encounter, and the difference between separation and abandonment.
Definition of Marital Abandonment
Marital abandonment is when one partner leaves the marriage without warning or explanation. This departure includes forsaking the responsibilities and duties that were supposed to be shared and carried out by both partners in the marriage.
Abandoned partners are left with no financial, emotional, or physical support.
Types of Marital Abandonment
The two types of marital abandonment are criminal abandonment and constructive abandonment. Criminal abandonment involves a partner who knowingly deprives the spouse of necessary financial support and leaves them without warning or explanation.
On the other hand, constructive abandonment is when a partner leaves the marriage without justification or cause, and fails to provide emotional or physical support. In many cases, constructive abandonment leads to divorce settlement issues, including child custody, property distribution, and alimony.
Difference Between Separation and Abandonment
Separation is when one or both partners temporarily leave the marital relationship but still maintain communication and plan to return. Abandonment occurs when one partner leaves without communication and does not return after a year or more.
Consequences of Marital Abandonment
Marital abandonment can have significant consequences, both legally and emotionally, for the spouse who has been left behind.
Criminal Offense
In many states, marital abandonment is a criminal offense, and the offending spouse can face various penalties. Penalties can include fines, community service, or even prison time.
These penalties are often enforced to ensure that the abandoned spouse receives appropriate compensation, including child support and alimony.
Financial Consequences
Abandonment can have a significant impact on finances, especially for children and the spouse left behind. The spouse who leaves typically needs to pay child support, spousal support, and legal fees.
Child Custody
When determining custody, the court prioritizes the welfare of the children, and the judge takes abandonment into consideration. If the remaining spouse can prove that the abandoning spouse is not fit to have custody, they may gain sole custody.
Long-term Hatred
It’s not easy to understand why a spouse would leave without any explanation. For many, abandonment often leads to feelings of loathing, distrust, and betrayal.
This can have long-term emotional impacts and lead to a lasting resentment against the abandoning spouse.
Property Division
In many cases, the court will decide how to distribute the property shared by abandoned spouses. The judge will consider factors such as the value of the property, each party’s contribution to the marital property, and financial needs.
Death
Abandonment can become even more devastating when one spouse becomes ill and is left without emotional support. Many have reported that their partners have left when they needed the most help, which is an incredibly challenging experience to face.
In conclusion, marital abandonment is an incredibly challenging experience that has significant ramifications for both parties involved. It’s important to understand what it means, the types of abandonment, and the difference between separation and abandonment.
If you’re experiencing abandonment, it’s vital to seek help and support to cope with these consequences and move forward from the experience.
Dealing with Marital Abandonment
When faced with marital abandonment, it’s natural to feel lost, angry, and confused. However, there are ways to cope and move forward from the experience.
Two options that are accessible to those experiencing this issue include marital counseling and protecting oneself only if the situation is life-threatening.
Seeking Help through Marital Counseling
Marital counseling has been found to be a helpful method when resolving issues, if applied correctly. If both parties agree to sit down with a trained counselor, they may be able to work through the underlying issues that led to abandonment.
Counseling can help couples communicate, and learn new ways to resolve conflict, creating the possibilities of a marital repair.
Only Allowed in Life-Threatening Situations
Constructive abandonment can describe a partner who left without reason or explanation, but it is only justifiable in cases of life-threatening situations, such as domestic abuse. Life-threatening situations come in various forms such as physical, sexual, or even psychological abuse that can leave one partner feeling threatened enough that the only course of action is to protect oneself by leaving the marriage.
FAQ on Marital Abandonment
Emotional Abandonment
Emotional abandonment is when a person’s partner fails to meet their emotional needs or desires. Even if one’s partner is physically present, they may feel alone and disconnected if emotional connection is missing.
Emotional abandonment can lead to feelings of loneliness, resentment, and a lack of intimacy and trust in the relationship.
Proving Desertion in Marriage
If proving desertion is necessary to obtain a divorce or child custody, one needs to provide evidence that their spouse has abandoned the marriage. Evidence can come in the form of communication records, such as phone records, emails, or texts.
Also, one can use the support of a lawyer to help gather documents and other forms of proof to provide to the court when required. The proof needs to show that the spouse left without any justification, without intention of returning, and that the abandonment has been persistent for a considerable period.
Conclusion
Marital abandonment is a challenging experience, but it does not have to mean the end of one’s happiness or future. Options such as marital counseling and protecting oneself can work towards making the situation better.
The path to move forward may not be an easy one, but with determination and resilience, one can overcome the pain and move towards a better life. In conclusion, marital abandonment is a complex issue that affects many individuals and families, causing emotional, legal, and financial consequences.
It is important to understand the definition of abandonment, the types of abandonment that exist such as criminal and constructive, and the difference between separation and abandonment. Additionally, seeking help through marital counseling and understanding when it is necessary to protect oneself can also be helpful in dealing with abandonment.
Finally, knowing how to handle emotional abandonment and proving desertion in a marriage gives an insight that will provide support when facing abandonment issues. Though the journey to healing from marital abandonment can be challenging, with the right tools and resources, it is possible to move forward and lead a more fulfilling life.
