if i move out prior to any legal separation or filing of divorce will that be considered abondonment?

i want to move out to get away from this toxic environment

Asked on June 21, 2017 under Family Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

CA does not require reasonable cause, such as evidence of abandonment, when filing for a divorce. Instead, it uses “no-fault” principles in divorce proceedings which means that it’s unnecessary to prove to the court that a spouse has abandoned the other spouse. That having been said, leaving the marital residence can play a role in the court’s determination of custody but not in determining the property settlement.


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