If I Leave The Home To Get Away From It, Will It Be Considered Abandonment?

Click here to watch this on YouTube.
Learn more about no-fault divorce in Michigan.

There are many misconceptions regarding divorce, and arguably the most common is that of abandonment. Abandonment is the belief that if a person moves out of the marital home even before the divorce is finalized, they will lose rights to their kids or the property. They are afraid that their spouse will accuse them of abandonment. While leaving the marital home may have some negative consequences, this is not one of them.

Abandonment and Michigan No-Fault Divorce

To make it clear, Michigan is a “no-fault” divorce state. As a result, you can get a divorce without having to prove infidelity, cruelty, or any other reason. Your spouse does not even have to consent to the divorce. It just takes one person to attest that a marriage has failed and that there is no possibility for reconciliation.

There is, therefore, no reason to worry about being accused of abandonment. However, there may be further negative repercussions to leaving the marital residence before the divorce is finalized:

• Your belongings mysteriously vanish or are destroyed.
• Custody and parenting time may be jeopardized.
• The residing spouse may obtain an exclusive usage order and replace the locks.
• You might need to keep paying child support and contributing to household costs.
• Your request to keep your marital residence will be declined.

Leaving a marital house before or during a divorce does not imply that you have lost interest in it. If the situation at home is unpleasant or dangerous, it is advisable to leave. Even if you move out, you may still be entitled to any equity you have in the property. If children are involved, consult with your attorney about getting a temporary parenting time order before or shortly after leaving the house.

Does Leaving the House Before Filing Affect Your Property, Custody, or Alimony Rights?

Leaving the marital residence without contributing to the expenses does not revoke a person’s claim to a portion of the marital assets or custody/parenting time with the kids. However, the court may consider the facts and change the property distribution based on those circumstances. Thus, if there was abuse and a spouse is forced to leave the house, he or she may be entitled to an equal or even bigger portion of the estate. However, a person who just disappeared could be entitled to a lower percentage of the inheritance.

Getting custody of a child might be difficult if a parent hasn’t had contact with or been involved in the child’s life. However, the parent should still be entitled to request parental time with the child. If a parent fails to pay child support, it typically has minimal impact on the parent’s custody or visitation rights. Failing to file for child support, on the other hand, does not preclude a person from seeking child support at any point after the couple divorces. Child abandonment is still a crime, but it only applies when the parent abandons the child, such as by putting it in a dumpster or the wilderness.

Seek Legal Advice from a Michigan Family Law Attorney

Seek legal counsel from an experienced Michigan family law attorney who can guide you through the divorce process and advise you when it is time to leave your home. Call Goldman & Associates immediately or schedule an appointment to discuss your options.