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If you leave the family home, is it considered abandonment?

On Behalf of | Sep 5, 2019 | Divorce

No matter how good a marriage may seem, not all couples are happy. Many marriages in the Harrisonburg area end in divorce. When a marriage appears to be heading towards separation it is common for one spouse to leave the family home. But, does that count as abandonment?

A successful accusation of abandonment in Virginia can depend on several factors but it generally involves what one person’s intent was. If a spouse comes home and finds the house almost empty with no kids or animals around it could show that the other spouse wants a divorce. The action of emptying the house and taking the kids could be evidence of abandonment. But if a couple have discussed divorce and are separating then leaving the house is not desertion. The person leaving is not leaving to cause the divorce but is leaving because the separation has already happened. And, couples who have children are required to be separated for 12 months while those without children are required to separate for 6 months.

A divorce is often an emotional time for a couple. It can be hard for a person to think past the emotions and focus on the important logistics. An attorney who specializes in divorce can answer questions and provide direction during this traumatic time. They can advise their client during the important discussions regarding child custody, child support, asset division, and other topics. They can help their client work collaboratively to end their marriage. Or if there are problems that arise, an attorney has the skills to work through a contested divorce as well. Virginia laws regarding divorce are unique and having an attorney who is skilled in divorce can make a big difference.

No one expects their marriage will end in divorce, but it does happen to many couples. An attorney can help their client through one of the worst times of their life and make sure they can make a fresh start.


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