A married couple has been living in a house that they purchased together & one has decided to leave & reside in a different residence.Is this called abandoment because a legal separation was not filed before she or he left?And also is the other spouse entitled to alimony? What if neither one knew that they must seek legal separation first before leaving?Is it true that she or he has no more legal rights to their house which they both paid for?If this is the case,can that person return to the home & file for legal separation then leave?What if the other spouse who is still living in their house seek legal advice & hires a lawyer first.Can she or he make it difficult for the other to come back to their home,or can she or he come back to their house at all?
2007-03-21 01:45:25 · 6 answers · asked by JP 1 in Family & Relationships ➔ Marriage & Divorce
depends on the state you live in but for the most part yes becasue your spuose can accuse you of abandonment. Some states require and separation agreement and others just state you separate -call your local family court and find out what the law is where you live.
2007-03-21 02:04:40 · answer #1 · answered by baseballlover 3 · 0⤊ 0⤋
Noone can force anyone to reside anywhere, even the law. Leaving the marital home is not a against the law. However, just walking out can have consequences, especially if there are children involved. The spouse who walked out can be accused of abandoment. I suggest getting a lawyer to give you the best advice.
2007-03-21 10:01:59 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Its not abandonment unless you have no idea where your spouse is and have be trying to find them. Alimony really doesnt hold up any more unless one spouse like totally counted on the other spouse for like alot of years and may that is what they are used to and they have to make a lot more than the other spouse .Like if your married twenty years and you never had a job you lived of your spouse that time then you could get alimony.
2007-03-21 11:08:41 · answer #3 · answered by jodeefla1979 3 · 0⤊ 0⤋
No not really. One can chose to stay or leave. If its agreed upon, by both parties.
So there would be no misunderstanding. One can get a legal seperation ,after they move out. If they don't feel its working out.
Abandment, is different. one who marries and then leaves and never gets back with the other. When 2 people, agree, it is not.
2007-03-21 12:36:36 · answer #4 · answered by ? 3 · 0⤊ 0⤋
Not true in California.
2007-03-21 13:54:38 · answer #5 · answered by big_mustache 6 · 0⤊ 0⤋
it depends on what state you live in, there is no "legal separation" where I live.....
2007-03-21 09:08:30 · answer #6 · answered by abc 7 · 0⤊ 0⤋