What You Need to Know If Your Husband Leaves You
It can be an overwhelming experience when a husband leaves his wife, especially when it was unexpected. Although a husband leaving a wife may not always result in divorce, it is important to be prepared for the possibility. Here is what you should do if your husband leaves you.
If the marriage looks like it may be headed towards divorce, it is essential to prepare accordingly. Gathering necessary documents and information that could support the divorce case can prove useful later on in the divorce process.
Legal Steps to Take If Your Husband Leaves You
- Save all emails, every single text, and every single note/letter that you received from your husband. Husbands may promise certain things over text or email – such as paying for attorney fees or insurance – with no intention of following through. It may be helpful to keep track of these messages when preparing for a potential divorce.
- Hire a great attorney. Ask friends, family, or those who have gone through something similar about their attorney. Online research and free consultations can also help facilitate the decision-making process. Make sure to hire an attorney who will best suit your specific case and circumstances. Ideally, hire an attorney who has extensive experience with divorce. Contact Her Lawyer to get in touch with an experienced divorce attorney.
- Read and understand every document from the divorce process, especially the Marital Termination Agreement. It may be useful to have a trusted individual review these documents as well. If you feel that something is unfair or incorrect within the Marital Termination Agreement, stand up for yourself to have it changed. Make sure to read the Marital Termination Agreement before it is signed, and pay extra attention to aspects of the agreement including holidays, amount of alimony, who claims child on the taxes, who is responsible for marital debt, etc.
- Think ahead. It is important to think about the future of your kids (college, extracurricular activities, driving lessons) and your retirement, even if you are young. Make sure these expenses are all addressed in the Marital Termination Agreement.
- Do your own research. Spend some time researching similar divorce cases in your county. This could give you a good idea about what to expect throughout the divorce process and understand divorce proceedings better.
Abandonment in Marriage
Marital abandonment regards a situation in which one spouse chooses to cut all family ties with no intention of returning. This includes no longer taking care of financial responsibilities and support for no reason. This should not be confused with a situation in which a spouse chooses to move to a temporary or permanent residence outside of the home but still provides financial support for the family. Abandonment refers to one spouse leaving the other without prior communication.
There are two types of marital abandonment:
Criminal Abandonment
When a spouse stops providing care, support, and protection for their spouse who has health problems or to their minor children without reason.
Constructive Abandonment
When a spouse leaves a marriage because the other spouse has made their living conditions unbearable to stay. This can include cases in which a spouse is abusive, has committed adultery, or has issues with drug abuse.
If the spouse who abandoned the marriage is the main source of income for the household, this can be catastrophic to the remaining spouse’s living conditions.
California is a no-fault divorce state, and therefore filing for divorce based on abandonment will not change the outcome. However, criminal abandonment can include serious penalties; parents of minor children or spouses of those who cannot care for themselves financially or physically who abandon their family can face up to one year in county jail, fines, probation or felony charges, up to six years in state prison, etc. Abandonment can also be considered in other aspects of the divorce, such as child custody and the amount of alimony.
Related: Abandonment in Divorce: What You Need to Know
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If you have any more questions on legal steps to take if your husband leaves you, contact us. Get your free consultation with one of our California Divorce Attorneys today!