If you want to get a divorce because your spouse has abandoned your family, it’s important to know how the state defines abandonment. Our Dallas County divorce lawyers can tell you more about the concept, how to prove abandonment, and how it could affect your divorce case.
What Are the Two Types of Abandonment in Iowa?
First, it’s important to note that there are two types of abandonment, actual and constructive. The first is when a spouse willingly leaves and has no intention to return. They stop providing any kind of support and they leave their spouse in a bad position.
Constructive abandonment is when someone is pressured into leaving by their partner. If you are leaving due to infidelity, abuse, or because you have been kicked out of your home, that’s not the same as just leaving your family obligations behind. If you are the one being accused of abandoning your spouse and children, you should try and show that it is this type of abandonment.
What Evidence Can Prove Abandonment?
You can often use witness testimony or a lease to another home as evidence that your spouse has left, it’s important to note that this is not grounds for divorce. You do not have to prove abandonment if you want to split from your spouse.
Illinois is a no-fault state, so you can just split up over irreconcilable differences. It still may be worthwhile to gather some evidence of your spouse’s recent behavior though, as it could affect certain negotiations during the divorce process. We’ll talk about that more in a minute.
Can Someone Who Abandons Their Family Face Criminal Charges?
It is possible. Someone who leaves their family and does not provide care or financial support can be criminally charged. This is especially likely if there are minor children involved or if their spouse is sickly.
Can Abandonment Affect a Divorce Agreement?
It can. While you do not need to prove abandonment in order to file for divorce, you can use your evidence of abandonment against your spouse during divorce proceedings. This can affect the negotiations over certain tenets of your divorce agreement.
Child custody and financial support are two areas where accusations of abandonment can make a difference. While the court usually wants a child to maintain a relationship with both parents and makes custody and visitation agreements with that in mind, someone who is credibly accused of leaving their family is unlikely to receive much grace from the court. If they get reduced parenting time as a result, they could also end up paying more in child support.
So it still may be worthwhile to show the court how your spouse has behaved in regards to their family responsibilities, even if abandonment is not grounds for divorce.
Meet With Our Legal Team
When you are ready to file for divorce, don’t tackle this process on your own. Contact Iowa Defenders, PLLC and schedule a consultation with our team. We’re ready to fight for you and your family.
