What is the law in regards to spousal abandonment?
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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 13 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.
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