Abandonment, a potential legal reason for divorce in Alabama, occurs when one spouse intentionally leaves the marriage without the other spouse's consent and with no intent to resume the marital relationship.
Here, our Alabama divorce attorneys will cover what constitutes abandonment under Alabama divorce laws, how it differs from a spouse just moving out temporarily, proving abandonment occurred, defenses against abandonment claims, and the effects of abandonment on divorce proceedings.
What Is Considered Abandonment in Alabama?
In Alabama, abandonment of the marriage is defined as a voluntary separation of one spouse from the other, with the intention of no longer remaining married.
The spouse leaving must have the intent to abandon or desert the marriage, with no plan of resuming the married life.
Simply moving out of the marital home alone is typically not enough to constitute legal abandonment if the reason falls under the categories of employment, military service, or separation with the possibility of reconciliation.
The spouse leaving must have the specific intent to end the marriage.
There is no specific time period that qualifies as abandonment in Alabama. Even one day can legally qualify as abandonment if the circumstances show the spouse left with no intention of continuing the marriage.
However, the longer the period of separation without any attempt at reconciliation, the stronger the evidence of abandonment.
Acts that demonstrate intent to abandon can include statements expressing a desire to end the marriage, physically moving out and taking belongings, starting a romantic relationship with someone else, or failing to provide any financial support.
It's important to note that under Alabama law, abandonment is different from the more modern "no-fault" grounds of an irretrievable breakdown of the marriage.
It is a fault-based ground where one spouse is alleged to be at fault for abandoning the marriage.
Proving Abandonment Occurred
The burden is on the spouse alleging abandonment occurred to prove it to the court's satisfaction.
Circumstantial evidence can be used to establish the leaving spouse's intent, such as:
- Statements made by the spouse expressing desire for divorce or end of marriage;
- Duration of time the spouse has been absent from home;
- Failure to provide any financial support to the household;
- Starting a romantic relationship with someone else;
- Lack of communication or attempts to work on marriage; and
- Actions inconsistent with an intent to resume the marriage (e.g., emptying bank accounts, canceling insurance).
If the spouse denies any intent to abandon and says the departure was temporary, the court weighs the credibility of both sides' testimony along with supporting evidence.
It is not abandonment if the departing spouse left due to cruelty, abuse, violence, or other misconduct that reasonably justified their departure.
The court considers the circumstances and determines if the departure was warranted.
Defenses to Abandonment Claim
The most common defenses raised against an allegation of abandonment are:
- Denial of Intent to End Marriage: Arguing the departure was not intended to be permanent and that there was hope of reconciliation at the time. Counter-evidence showing continued attempts at reconciliation can support this.
- Justifiable Cause: Even if the spouse left intending to end the marriage, it may be defensible if there was justification based on the other spouse's conduct. This includes cruel treatment, domestic violence, adultery, or other major marital misconduct.
- Condonation/Reconciliation: If, after the initial abandonment, the "abandoned" spouse allowed the other to move back in and cohabitate for a period of time, this shows condonation that forgives or overlooks the prior abandonment.
- Recrimination: Raising allegations of equal or greater marital misconduct against the other spouse can potentially nullify an abandonment claim.
- Consent: If the other spouse mutually agreed to or consented to the departure, it negates an abandonment claim.
Considerations like intent, justification, reconciliation, recrimination, and consent can be pivotal in shaping the legal landscape when navigating defenses to abandonment claims.
Effects of Abandonment on Divorce
If abandonment is proven, Alabama allows it as a no-fault ground for granting the divorce. An abandoned spouse may be able to receive a greater share of marital assets and debts to compensate them.
In extreme cases where the abandoning spouse left children without providing reasonable support, the court could deny them custody or visitation rights. Abandonment is a major factor considered in child custody determinations.
In dividing marital property, the court can consider one spouse's abandonment as a factor justifying the other spouse's receiving a larger share of assets as compensation.
Spousal support/alimony awards may also be affected if one spouse is found to have unjustly abandoned the marriage. The abandoned spouse could receive a larger award.
While not always the case, proving abandonment puts the alleged spouse in a more favorable light in the court's eyes regarding the break-up of the marriage.
Expert Advocacy for Abandonment Cases
Suppose you are facing divorce in the state of Alabama and believe your spouse has unlawfully abandoned the marriage. In that case, it's critical to have an experienced divorce attorney advocating for your rights.
The knowledgeable and compassionate team at Baxley Maniscalco has years of experience handling all aspects of divorce cases, including abandonment.
We understand how devastating the effects of abandonment can be, both emotionally and financially.
Our top priority is vigorously representing your interests and ensuring you receive everything you are entitled to under Alabama's divorce laws.
This includes securing an equitable share of marital assets, spousal support if warranted, and protection of your custody/visitation rights with children.
Contact us today for a confidential consultation to discuss the specifics of your situation. Our team will explain your rights and options under Alabama divorce laws regarding abandonment or any other grounds for dissolution of marriage.