Divorce On Grounds Of Abandonment
Especially in small towns where everyone knows each other, your ex-spouse might try to ruin your reputation after you get a divorce. For example, your ex might insist that you did something unforgivable, like cheating or losing your temper in an epic way, when in fact, your visible act of what appears to be sabotage was, at worst, an equal and opposite reaction to years of intolerable behavior on your spouse’s part. Likewise, your ex might insist that she remained committed to the marriage to the bitter end, while you were the one who was determined to divorce. These battles can play out on social media to the delight of nosy acquaintances who have nothing better to do in life than gorge themselves on other people’s drama; it is enough to make you want to move to the big city, even if an apartment there costs as much as a house in a rural area. In general, the court does not care. You can get divorced in Alabama, as in most other states, without proving that one person is at fault for ruining the marriage, while the other is innocent. No fault divorce cases are the majority of divorce cases, but it is possible to ask the family court to find your spouse at fault for divorce; this changes the legal ramifications, much as it does when one person is entirely at fault for causing a car accident. Abandonment is one of the scenarios where one spouse bears fault for the divorce. If you are considering getting a divorce after your spouse moved out of the house and stopped contributing financially, contact a Birmingham divorce lawyer.
In Alabama, Sometimes Divorce Can Be One Spouse’s Fault
You can apply for fault-based divorce if the reason for the breakdown of your marriage counts as fault on your spouse’s part, but most people don’t choose this option even when a qualifying reason exists. The difference is that the court distributes the marital property in a way that accounts for who is at fault; it tries to compensate the spouse who is not at fault. In other words, it is only worth the trouble of trying to prove fault if your spouse is wealthy enough to compensate you for it. Many grounds for fault, such as adultery and drug addiction, are common reasons for marital breakups, but spouses choose no fault divorce anyway, because it is less expensive and less acrimonious.
What Abandonment Is, and What It Is Not
You can seek a divorce on grounds of abandonment if your spouse moved out of the marital home more than a year ago and stopped contributing financially. Abandonment does not apply if you kicked your spouse out of the house, even if, after moving out, your spouse stopped contributing to the expenses of the children that you and your spouse share.
Contact Peeples Law About Spousal Abandonment
A Birmingham family law attorney can help you if you are getting a divorce after your spouse abandoned you. Contact Peeples Law in Birmingham, Alabama today to schedule a consultation.