Divorce Because Of Abandonment is when one parent leaves their family and does not provide any support for them. When one parent abandons his or her family the court will not look favorably on them when considering custody. The parent who is left with the children may want to consider divorce options. He or she should file a missing person's report with the police department. If this does not render any results then the parent can ask for divorce because of abandonment. Criteria for qualifying for a divorce under these circumstances vary by state so setting up a conference with a family law attorney would be a good way to find out the particulars. However, the remaining husband or wife should pray and ask God to bring reconciliation before filing for a divorce. "But and if she depart, let her remain unmarried or be reconciled to her husband: and let not the husband put away his wife" (1 Corinthians 7:11).
If a parent leaves the family and does not tell anyone where he or she is going then the remaining parent has grounds for divorce because of abandonment. If the adult provides an address of residence and offers help to support the children then abandonment would not apply. In some states there is a specific time limit pertaining to the amount of time that has gone by since the parent left before the remaining parent can go to court. In addition, the judge may ask if the party who left had a reason for doing so. Of course it would be difficult to understand how anyone could leave their own children and never try to see or support them. But each case is different and the court will probably handle each one differently dependent upon the circumstances.
In some states, a person does not have a waiting time before divorce because of abandonment can be filed. Each case is different but if one person leaves and moves out of state the spouse can file for divorce even if the whereabouts of that person is known. When a parent is left with children at home and the other parent makes a decision to leave there can be great heartache and stress. This is true, especially, if the person moves far away and does not want any contact with the kids anymore. The parent who is left with the burden of raising the children alone can find peace and comfort in the Lord. Taking the kids to church, prayer, and Bible Study are all important ways one can learn to cope.
Enrolling in family counseling sessions is a good way to help the parent and the children who are victims of divorce because of abandonment. Family counseling sessions can help the parent and the children realize that life can go on and in time things will get better. Meanwhile, they will have one another to lean on. Trying to find the other parent so that the children can have contact with him or her would be a good thing as long as the parent who has left does not upset them more by refusing to see them. This is a very difficult situation for kids to have to deal with. Of course, they are going to miss the adult who has left them. They will be angry and hurt at the same time. This is why the parent left with the kids should consider getting counseling.
Showing support for a spouse and children after leaving may negate any ruling of divorce because of abandonment. The ruling depends upon the state and the court. There is not a guarantee for the person leaving that the court will not rule abandonment. However, the other spouse is likely to be more understanding and work with the partner that has left if he or she is constantly in touch and takes an interest in the children. The option then for a divorce could be sought on incompatibility grounds. The partner who chooses to leave should be upfront with their spouse with plans of leaving. Just leaving with no regard for those who are left behind is not the right thing to do anyway. Of course, some partners may be afraid to be honest especially if the spouse is abusive. However, children should never be left with an abusive parent. Consider making arrangements with the court for temporary custody in order to protect the children before leaving.
Some courts may consider a parent who has left and never came back as being guilty of desertion. This would make it very difficult for the parent to obtain custody of the children. However, the parent who is left with the burden of raising the children will have to prove that the other parent is guilty of desertion. The parent who has the burden of proof will need to provide evidence. Also, the spouse who files for the divorce will have to show the court that he or she made an effort to save the marriage. Divorce because of abandonment is a serious allegation so the remaining parent needs to be sure that every attempt has been made to contact their partner.
Marital disagreements can lead to one spouse requesting that the other one leave. When this happens the court may not rule that the partner who left has abandoned the marriage. However, when children are involved, even if a spouse leaves, there should be an effort on the adult's part to maintain contact with the children and do everything possible to help support them. If this does not happen, then the court will probably not look favorably toward the adult who left and he or she will have difficulty getting sole custody, joint custody, or even visitation rights. Divorce because of abandonment might still be an option for a ruling if the parent who has left makes no attempt to stay in contact with the children even though his or her whereabouts is known.