What constitutes abandonment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What constitutes abandonment?
I’ve been married for 5 years and now my husband and I are having problems. If I move out of the home and leave my adult children and husband. Would
this be abandonment? Everything is in my name and I had the home before the marriage.
Asked on November 5, 2018 under Family Law, South Carolina
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
I am so sorry for your situation. In South Carolina, desertion (abandonment) is defined as not living together for a period of one year, without consent of the other spouse, and without justification. If, however, you can establish that you are justied - abuse mental or physical of some sort - then the ground would fail. I would really try and speak with an attorney about the effect leaving will have on property distribution and the issue of separate property and conversion of selarate property during a marriage. Generally people divorce on n0-fault grounds so you don't have to prove anything. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.