QUESTION
If a spouse moves out due to stress from the other spouse is it abondonment
Asked on Jan 11th, 2013 on Family Law - Pennsylvania
More details to this question:
My friend lives in PA. she has had enough of the berating and being put down by her husband. She has moved out of the bedroom and now wants to move out to avoid the stress and tension. They have three children of which does the majority of the work for them. They both work. if she moves out could her husband get her for abondonment? Should she have an agreement made up before leaving? He is not easy to deal with and may not want an agreement then what? Could she lose her fight for custody of her children? I am sending this as she isn't sure what to do and I don't want her to move out and lose her children.
1 ANSWER
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So, it is unlikely that her leaving will have any ramifications regarding her eventual divorce. However, regarding custody, possession is 9/10s of the law. So, if she leaves the kids with him for any length of time, that could work against her.
Marital misconduct is a factor in determining alimony, but it is only 1 of 17. It is rarely significant. Moreover, that only applies up until the date of separation. If she is living separate and apart under the same roof, she is already separated and leaving would then be a post separation event which cannot be considered. It certainly is not considered in temporary alimony, known as Alimony Pendente Lite, Alimony Pending the Litigation (APL).
Finally, even if he were to seek a fault divorce, which has no purpose and is an utter waste of time and money, he must be the innocent and injured spouse. By your description, he is not.
I trust that answers your question but feel free to call or e-mail on a free initial basis.
Answered on Jan 11th, 2013 at 11:46 AM