Could a Trial Separation be Viewed as Abandonment by the Courts?

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‘In an attempt to salvage our marriage, my wife and I are considering a “temporary separation”. If the separation is not a legally executed agreement, could a court later consider the action of the spouse that moves out of the home as abandonment of the other spouse and our kids?’

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

A court would be unlikely to consider it “abandonment” (which is an archaic concept that is rarely considered by the courts these days), however it is important to understand that the Court will often try to keep in place whatever has become the status quo. This means that if you move out of the house, leaving the children with your spouse, that could be the hook on which your spouse will hang a request for and a claim to custody.



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Author: House Attorney

A house attorney has answered this question.