What Constitutes Abandonment in A Marriage?

What Constitutes Abandonment in A Marriage?

Undoubtedly, ending a marriage is never an easy choice. It is crucial to consider a few things before you file the papers, especially if your spouse is ill or there are children involved. These circumstances significantly influence the two main types of marital abandonment.

Understanding these two distinct forms of abandonment may also be helpful if you fear that your partner will leave you, regardless of whether you are ill or have children.

What Is Marital Abandonment?

When one spouse breaks off contact with the family and neglects their responsibilities, the term “marital abandonment” is used. Florida has two kinds of abandonment or desertion: constructive and actual. Read the blog post to understand what constitutes abandonment in a marriage.

Constructive Abandonment

A spouse’s stay in the marital home may constitute constructive abandonment. The purposeful withholding of sex by one spouse is the most typical sign of constructive abandonment.

The other spouse may file for divorce on constructive abandonment if one spouse consistently refuses to have sex with the other and neglects to carry out other household duties. Abandonment can include cruel treatment, such as physical or emotional abuse.

The primary component of constructive desertion is when one spouse acts in a way that jeopardizes the health and safety of the other spouse.

Actual Abandonment

When a spouse leaves the marital house with all her possessions, she has abandoned or deserted the relationship. The abandoning must be voluntary, meaning the deserting spouse cannot have been forced to leave. The deserting spouse must also have no intention of returning to the marital home.


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