When going through a divorce in Minnesota, one issue that often arises is whether one spouse has abandoned the other. While Minnesota is a no-fault divorce state, meaning you don’t have to prove wrongdoing like abandonment to get a divorce, the concept of abandonment can still come into play in certain circumstances.
At Martine Law, our team of expert divorce attorneys can guide you through this complex process and help you understand how abandonment may affect your case.
What Does Abandonment Mean in a Minnesota Divorce?
Abandonment, sometimes referred to as desertion, occurs when one spouse leaves the marital home and completely cuts off their relationship and responsibilities to the other spouse. To qualify as abandonment in Minnesota, the spouse’s actions generally must include:
- Leaving the marital home without justification
- Failing to provide financial or emotional support
- Showing no intention of returning to the marriage
It is important to note that simply moving out during a separation or leaving an unhealthy situation, such as one involving domestic abuse, is not typically considered abandonment.
Learn more about Minnesota divorce by contacting one of our experts. Call today.
Does Abandonment Affect Divorce in Minnesota?
Since Minnesota allows no-fault divorce, a spouse does not need to prove abandonment to file for divorce. Instead, they simply need to state that there has been an “irretrievable breakdown of the marriage.”
However, abandonment can still influence certain aspects of a divorce, including:
1. Division of Property
If one spouse abandons the marriage and leaves the other with financial burdens, a court may consider this when dividing marital assets and debts.
2. Spousal Maintenance (Alimony)
A spouse who abandons their partner without providing financial support may be more likely to face spousal maintenance obligations.
3. Child Custody and Support
If a parent abandons the family and ceases contact with their children, the court may take that into account when deciding custody and support arrangements.
Common Misunderstandings About Abandonment
- Moving Out Does Not Always Equal Abandonment: If spouses agree to separate or one moves out but still provides support, this is not abandonment.
- Safety Concerns Justify Leaving: Leaving a dangerous or abusive situation is not abandonment and will not be held against you in divorce proceedings.
- No-Fault Divorce Simplifies the Process: Even if abandonment occurred, Minnesota courts focus on fair outcomes, not assigning blame.
Why You Need a Divorce Lawyer
Are you someone you care about going through a tough divorce in Minnesota? Are you concerned about abandonment? You are not alone, and our team of expert attorneys is here to help. The divorce process can be complex, and misunderstanding legal terms like abandonment could impact your rights to property, custody, or support.
At Martine Law, we will:
- Explain how Minnesota’s no-fault divorce laws apply to your situation
- Protect your rights in matters of property division, custody, and spousal maintenance
- Help you pursue the best possible outcome for your family and your future
Key Takeaways
- Abandonment occurs when a spouse leaves the marriage without support or intent to return.
- Minnesota is a no-fault divorce state, so you do not need to prove abandonment to file for divorce.
- Abandonment may still impact property division, spousal maintenance, and child custody decisions.
- A Minnesota divorce lawyer can help ensure your rights are protected throughout the process.
At Martine Law, we know divorce can be difficult and confusing. Let our team of expert Minnesota divorce lawyers help you.
You are not alone, and we will stand by your side to secure the best outcome possible. Call us today.