in Illinois what is considered abandonment by a spouse?

Couple has a fight, spouses are both distressed. Husband more so than
wife. Husband leaves home for a few days, weeks, to get professional help
in dealing with situation. Wife is advised at the time he leaves that he
needs to get help. He still pays bills, lives close by, will still be
involved with kids, etc. Is this a problem if it ultimately ends in
divorce. Children are 18, 17, 15.

Asked on November 1, 2017 under Family Law, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Illinois law does not punish parties for "abandonment" anymore but the state law does allow a ground known as "desertion." And that would really be severing ties and forsaking your responsibilities, which it doesnt sound like that is the case.  It sounds as if you left to give your kids (and you) a healthier environment.   Seek legal help here.  Good luck.

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