How does spousal abandonment in Utah affect a divorce? In Utah voluntary Abandonment is one of the grounds for divorce. Black’s Law Dictionary states that an abandonment is when you relinquish a right or interest with the intention of never again reclaiming it.
Abandonment has different meanings in different bodies of law. For example, in the context of contracts for the sale of land, courts sometimes use the term abandonment as if it were synonymous with rescission. In this context abandonment is merely the acceptance by one party of the situation that a nonperforming party has caused. But a rescission due to a material breach by the other party is a termination or discharge of the contract for all purposes.
In the context of family law–the body of law that covers divorce, leaving a spouse or child willfully, without an intent to return is like desertion or malicious abandonment. The desertion of a spouse without just cause.
Voluntary Abandonment In Utah Divorce
In a divorce case, voluntary abandonment is a final departure without the consent of the other spouse, without sufficient justification, and without an intent to return. If you are considering divorce and want to separate, it is advisable to get your spouse’s consent to avoid an abandonment allegation. Such an allegation, if accepted by the court can have negative consequences on child custody, alimony or other aspects of your divorce decree.
When you need legal help with a abandonment, malicious abandonment, or a voluntary abandonment in a Utah divorce case, please call Ascent Law LLC for your free consultation.