Someone can be accused of abandoning their family, but when it comes to Illinois state law and divorce proceedings the term abandonment has a specific definition. If you want to get a divorce because your spouse has abandoned your family, it’s important to know how that abandonment can affect the divorce process and its ultimate outcome. A Morton divorce lawyer from our firm can tell you more.
How Would Illinois Define Abandonment?
Abandonment is defined as willfully leaving the family and not providing any kind of support for at least a year. If your spouse has left the home and does not support you emotionally, physically, or financially, they can be credibly accused of abandoning the family.
There is also a concept known as “constructive” abandonment. This is when someone leaves because the other party has made the environment unlivable. If someone is being abused or is otherwise unsafe, it makes sense for them to leave, especially if they have children to think about. If you have been accused of abandonment, you may be able to argue that it was the constructive kind because you worried about your safety.
Do I Have to Prove Abandonment Before Filing For Divorce?
Witness testimony and any documentation of your spouse’s absence, like the lease or deed for another property, can be used as evidence in your divorce case. However, you do not actually need to prove abandonment. It’s not used as grounds for divorce and Illinois is a no-fault divorce state anyway.
That means that you just have to show that there are irreconcilable differences and that your marriage cannot be salvaged. You do not have to build up some big case against your spouse and show how they left you and the rest of their family in the cold. Just file for divorce and talk to a lawyer from our firm. We’ll help you fight for a fair divorce agreement.
Can Accusations of Abandonment Affect the Divorce Process?
While it is not grounds for divorce, abandonment can sometimes affect negotiations during the divorce process. Child custody and visitation are frequently big issues in divorce proceedings, but an accusation of abandonment can complicate matters a bit.
A court generally believes that it is in the child’s best interest to maintain a relationship with both parents after a divorce. If one parent is accused of abandoning the family, that can make a judge reconsider a traditional custody split. Someone who abandoned their family might also be forced to pay more in child support.
Talk to Our Legal Team
If you have any questions about how to show abandonment or what the divorce process looks like, we can answer them. Contact Butler, Giraudo & Meister, P.C. to schedule a consultation and meet with our team of experienced divorce lawyers today.
