If I move outprior to filingany legal paperworkfor a divorce, is this considered abandonment?

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If I move outprior to filingany legal paperworkfor a divorce, is this considered abandonment?

My wife has a disability.

Asked on July 15, 2010 under Family Law, Connecticut

Answers:

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

Answered 11 years ago | Contributor

Grounds for divorce in Connecticut that fall in to the category that relate to your question would be "willful abandonment for one year" which includes, I believe, non-support as well.  

“The elements of a cause of action on the grounds of desertion are (1) cessation from cohabitation; (2) an intention on the part of the absenting party not to resume it; (3) the absence of the other party’s consent; and (4) absence of justification.”  Gannon v. Gannon, 130 Conn. 449, 450, 35 A.2d 204 (1943).

I would go and seek legal advice in your area before you go anywhere.  It is best to know what your options are and what ramifications your actions will result in.  Good luck. 


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