What constitutes abandonment?

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What constitutes abandonment?

I’ve been married for 5 years and now my husband and I are having problems. If I move out of the home and leave my adult children and husband. Would

this be abandonment? Everything is in my name and I had the home before the marriage.

Asked on November 5, 2018 under Family Law, South Carolina

Answers:

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

Answered 2 years ago | Contributor

I am so sorry for your situation. In South Carolina, desertion (abandonment) is defined as not living together for a period of one year, without consent of the other spouse, and without justification.  If, however, you can establish that you are justied - abuse mental or physical of some sort - then the ground would fail.  I would really try and speak with an attorney about the effect leaving will have on property distribution and the issue of separate property and conversion of selarate property during a marriage.  Generally people divorce on n0-fault grounds so you don't have to prove anything.  Good luck.


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