Legal Question in Family Law in North Carolina
Marriage abandonment
I'm defendant in divorce where my wife claims abandonment. She left our residence almost three years ago, and when she returned it was only to get more belongings. I objected to her leaving, and to removing property from our place.
What novel definitions are there for abandonment which she
might use in her action? I've received only a Summons which doesn't details any specifics.
Will Supreme Court consider a request to exclude novel
definitions of abandonment, if there are any?
2 Answers from Attorneys
Re: Marriage abandonment
I think you should consult with an attorney. You will need to decide if you want to remain married to someone who does not want to be married to you.
Daniel Clement
Re: Marriage abandonment
Divorce Abandonment can be Actual or Constructive.
Constructive Abandonment can include, but is not limited to: sexual abandonment- refusal to have sex; lock-out- from the house or bedroom; cruel and inhuman treatment or abuse; keeping company with another in a "spousal way" to the actual spouse's exclusion- not necessarily rising to the level of provable adultery. In a word, doing virtually, anything that expresses the spouse's intent to "Abandon" the marriage and never to return.
However, in your Answer to the complaint, you can counterclaim for her "actual" physical abandonment of you and the marriage, due her leaving; and you can be granted a divorce on those grounds, if proved.
Note, it is generally more difficult (and messier) to prove constructive abandonment than a [counter] claim for actual abandonment.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ
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