Home abandonment: Not simply moving out of the marital home | Stacy Albelais, Attorney at Law

Stacy Albelais, Attorney at Law • November 26, 2021

In divorce, one of the things you may want to discuss is the topic of abandonment. When a spouse suddenly moves out of the home and has been out of the home for several months or years, does that constitute abandonment? If so, how does that affect your case?


Leaving the home is not necessarily enough to constitute abandonment in California. Marital abandonment happens when one spouse severs all ties with the other and has no intention of returning. If your spouse is still taking care of financial obligations or meeting with you to discuss the divorce or other matters, then moving out likely will not constitute abandonment.


Leaving the home isn’t necessarily abandonment

While leaving the home could be home abandonment in cases where the spouse no longer contacts the other and refuses to offer support, this is not particularly common. To use abandonment as a ground for divorce, you will need to show that the other party is not contacting you, is not honoring financial obligations to your marriage and otherwise refuses to participate in the marriage or divorce.


So long as your spouse is willing to pay child support, spousal support, cover shared marital costs and handle other aspects of your relationship while separated, the court is unlikely to state that they have committed any type of abandonment.


You have a right to move out if your home is uncomfortable for you

There is no rule that you and your spouse have to live together during your marriage or divorce. Legally speaking, it is necessary to have a period of separation before you divorce, so it makes sense for one of you to live somewhere else. Additionally, if abuse or violence took place in the home, then abandonment would be justified in most circumstances.


Abandonment is a highly specific issue that required a set amount of time to pass. Additionally, that abandonment needs to be permanent. If your spouse truly leaves without giving you any information about where they’ve gone or stops making payments and cannot be contacted, then you may be in a position to claim abandonment. Until then, it is unlikely to be used in your case.

Two people with clasped hands at a table with a gavel, law books, and scales of justice.

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By Stacy Albelais, Attorney at Law • March 29, 2021
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Dishonesty is a major reason for divorce

By Stacy Albelais, Attorney at Law • April 27, 2019
Divorce does not always have to be dramatic. You hear plenty of stories about spouses who are unfaithful to the marriage, for instance, and that does lead to divorce, but most cases happen for far more “minor” reasons. One of those reasons is simply dishonesty. In some cases, the spouse who lies does it about something huge and important. Maybe they have a gambling problem and they mortgage the house to pay for it. They lie about where they’re going and how they’re spending money. Eventually, the truth comes out when they lose the house. However, experts note that “ white lies ” can also chip away at a marriage. One person may think it’s not a big deal to lie about minor purchases, for example, or to lie and say they have to work late when they want to spend time with friends. They tell these small lies all the time, and they get defensive when they get caught. While their spouse is probably not going to divorce them after the first one, it takes a toll over time. Eventually, the other person feels like there is just no trust left. What is true? What is a lie? Can they ever trust the other person, or do they have to question every single thing they say — even when they’re being honest? A relationship like that is tough to keep alive and well. If you and your spouse decide to get divorced , no matter what it is that leads you to that decision, make sure you know how to protect all of your legal rights.