If I want to leave my husband, how can I make sure that he does not accuse me of abandonment?

UPDATED: Sep 29, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 29, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I want to leave my husband, how can I make sure that he does not accuse me of abandonment?

We have 3 minor children. We have discussed with the children that they will stay with their father during the week and visit me on weekends. We have gotten a little hostile with our fighting, so I want to leave ASAP but I’m afraid he will try to sue me for abandonment. What is the time period before he can do that? I will continue to pay my portion of the mortgage until legal arrangements are outlined.

Asked on August 22, 2015 under Family Law, Virginia


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

Answered 7 years ago | Contributor

It is also called desertion in Virginia.  It is leaving against the wishes of the other spouse. If you mutually agree to separate - which is sounds like you have here - then he can not later claim desertion. I would not worry but I would not delay in finding a lawyer and ironing out a stipulation of settlement.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption