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Spousal Abandonment as a Ground for Divorce in California Neither ground for divorce requires proving either spouse did anything ?wrong.? Proving abandonment is not necessary for seeking a divorce. In fact, a party cannot cite abandonment as a ground for divorce in California.
The classic case of abandonment arises where one spouse simply leaves the marital abode without consent or justification. However, abandonment can also be established where one spouse forces another to be excluded, such as by changing the locks on the shared home.
In other words, the courts can't force you or your spouse to stay in a marriage. The one who abandons the marriage will not be forced to return, but they will be held financially responsible for things such as child support, spousal support, and property division via a divorce court order.
How to Deal with the Emotional Upheaval From a Spouse Leaving 1- Acknowledge Your Feelings. 2- Talk About What Happened. 3- Write About Your Experience. 4- Seek Professional Help. 5- Give Yourself Time to Grieve. 6- Take Care of Your Physical Health. 7- Spend Time With Friends and Family. 8- Try a New Hobby or Join a Club.
In the context of divorce, cases such as this one from Virginia explain that ?Desertion occurs when one spouse breaks off marital cohabitation with the intent to remain apart permanently, without the consent and against the will of the other spouse.?
Abandonment is when a spouse leaves with the intent to end the marriage without justification. Justification for a divorce in Wisconsin is easy to prove because one person only has to believe the marriage is unable to be fixed. However, leaving a situation when children are present can look bad for the leaving spouse.
948.20 Abandonment of a child. Whoever, with intent to abandon the child, leaves any child in a place where the child may suffer because of neglect is guilty of a Class G felony.