User Topic: Abandonment?
Member # 39394
Default  Posted: 11:31 PM, July 8th (Monday)

I am strongly considering asking my WS to move out, at least for now. A friend said that if he has talked to a lawyer (which I don't think he has, but he's lied about so much, who knows) that the lawyer would advise against because that would be considered abandonment and it would be looked on unfavorably in a divorce settlement in regard to WS. Can anyone shed any light on this?

BW 51
WS 50
DD -- which time?
Married 24 yrs, 2 kids 19 and 22
Reconciling maybe?-- Nope, false alarm. He continued to lie, I asked him to leave. Plan on divorce.

Posts: 65 | Registered: May 2013
Member # 38735
Default  Posted: 11:34 PM, July 8th (Monday)

I've heard this before too, but in AZ it doesn't work that way. My STBX moving out of the home when we separated made no difference in the divorce settlement.

BW - Me (37)
XWH - (37) The Gnat
OW - Some dumb whore he picked up in another state and moved here here. Known as Hello Kitty.
M for 8 years, together for 10
1 DD (5), 1 DS (1 year)
Dday 3/13
Divorced 9/20/13

Posts: 918 | Registered: Mar 2013
Member # 32554
Default  Posted: 11:55 PM, July 8th (Monday)

I kicked STBX out of the house when we separated. He's never been back. It seemed to make no difference.

Me = BS (Stay-at-home-mom)
Him = EX-d out (abusive troglodyte NPD SA)
3 tween-aged kids
Together 20 years
D-Day: Memorial Weekend 2011

Posts: 9815 | Registered: Jun 2011 | From: USA
Member # 23890
Default  Posted: 7:16 AM, July 9th (Tuesday)

Made no difference here - in some states "abandonment" is defined by moving out and having no contact/support for a year.

I see it advised here all the time, but I wonder if it is outdated...? In my state Temp. Support Agreements cover living situations during Separation.

"We must be willing to get rid of the life we've planned, so as to have the life that is waiting for us." Joseph Campbell...So, If fear was not a factor - what would you do?

Posts: 4129 | Registered: May 2009 | From: New England
Member # 38928
Default  Posted: 7:26 AM, July 9th (Tuesday)

^^^This is the legal definition of abandonment in my state.

So even though POS ran away in March and has not been back since, it has no bearing on the divorce process at this point.

Lord knows I threw that word in his face though, just to twist the emotional knife when I was really angry! Legally though it meant nothing.

BS - Me
XPOS - too many OW/OCs over 20+yrs
Kids - DDs 23,18 -DS20 Deceased
M Dissolved 2013

This above all: to thine own self be true, and it must follow, as the night the day, thou canst not then be false to any man ~ Shakespeare, Hamlet

Posts: 1183 | Registered: Apr 2013 | From: Rising out of Hell's ashes!
Topic Posts: 5