What Is Marital Abandonment in Virginia?

Marriage can be a complex and challenging relationship. Unfortunately, some spouses find themselves in situations where their partner has abandoned them. If you or someone you know is facing marital abandonment in Virginia, it’s crucial to understand what this means and how it will impact your future. In this blog post, we’ll explore the legal definition of marital abandonment, its effects on divorce proceedings, your rights and responsibilities, and the steps to take if you’ve been abandoned.

What Is Marital Abandonment?

Marital abandonment happens when one spouse leaves the marital home and severs ties with their family, failing to fulfill their financial and other spousal duties. This term is often used in Virginia divorce cases to describe financial neglect. Virginia law takes marital abandonment very seriously—so much so that courts will give out misdemeanor charges and hefty fines to the neglectful spouse. If your spouse has cut off financial support and contact, you may be experiencing marital abandonment. 

Examples of Marital Abandonment

• A spouse leaving the home without any intention of returning.
• Ceasing all forms of communication and support.
• Failing to contribute to household finances and responsibilities.

How Marital Abandonment Will Affect Your Divorce Proceedings

Marital abandonment can significantly impact divorce proceedings in Virginia. It is considered a fault-based reason for divorce, meaning that one spouse’s wrongdoing is the basis for ending the marriage. The court takes abandonment into account when deciding on matters like alimony and child custody.

Impact on Child Custody

Courts typically favor the abandoned spouse, especially if they were left to care for children. The children’s best interest is paramount, and the abandoning spouse’s failure to fulfill parental responsibilities can affect custody decisions.

Impact on Alimony and Property Division

Abandonment can influence the court’s decision on alimony and property division. Judges may award more assets to the abandoned spouse, especially if the other spouse’s behavior contributed to financial instability.

Your Rights and Responsibilities as an Abandoned Spouse

If your spouse has abandoned you, it’s essential to understand your rights and responsibilities. As an abandoned spouse, you have the right to seek a fault-based divorce. You also have the right to financial support from your abandoning spouse.

On the other hand, you also have responsibilities as a divorcing spouse. In Virginia, this includes disclosing all assets and debts in court proceedings and attempting to reach a mutual agreement with your estranged partner through mediation or negotiation.

What Steps Should You Take If You’ve Been Abandoned?

If you believe your spouse has abandoned you, taking immediate action is crucial. Here are some steps you can take:

• Document Everything

Keep records of all communication attempts, financial contributions, and any evidence of abandonment. This documentation will be crucial in court.

• Seek Legal Advice

Consulting with a family law attorney is essential. They can guide you through the legal process, help you understand your rights, and represent you in court.

• File for Divorce

If reconciliation isn’t possible, filing for divorce on the grounds of abandonment is a viable option. Your attorney can help you prepare the necessary documents and evidence.

Support Is Here For You

Marital abandonment is a serious issue that can have significant legal implications. If you’ve been abandoned by your spouse, understanding your rights and responsibilities is crucial. Taking the proper steps, such as documenting evidence and seeking legal advice, can help you protect your interests and move forward.

At Mahoney Richmond Thurston, PLLC, we are dedicated to helping clients through difficult situations like marital abandonment. Our experienced family law attorneys understand the complexities of these cases and are here to support you every step of the way. If you’re considering divorce due to abandonment, contact us today to schedule a consultation and explore your options.