What is the law in regards to spousal abandonment?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What is the law in regards to spousal abandonment?

My spouse left over 7 months ago. He had taken our only legal vehicle, closed out bank account, left unpaid living expenses, my daughter (18) and I who were unemployed, and his fishing gear. He is residing with our oldest daughter and her family. I attempted contact with him several times, but he refuses to see or speak to me. Can I retain all of the property in our home and our house? Is this legal grounds in AR for spousal abandonment?

Asked on March 16, 2011 under Family Law, Arkansas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to speak to an attorney about all the details involved (because what we see herein is merely a glimpse).  What you need to review with your counsel is what you would like to do. Do you plan on filing for divorce? If so, then you need to file the motion and if Arkansas is an at-fault state, abandonment might be considered a factor. In your state, if you have lived separate and apart for 18 continuous months, you would probably be granted the divorce. Further, I understand Arkansas to be an equitable division state, so your property would have to be equally divided or if you feel you deserve more than him or particular items, you need to show why the scale should tip in your favor. Since it appears you have two adult children (both over 18), then there is no issue with child support.  The only matter I see is possibly (and this usually depends on the length of marriage, whether you worked at all during the marriage outside of the home and your financial situation) is alimony.  You cannot retain all of the property in your home immediately because even if he abandoned you, he may not have abandoned or meant to abandon his property or what he jointly owns with you.


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