Omar Bennett
Abandonment in a marriage, also known as desertion, refers to the deliberate abandonment of a spouse with the intention of ending the marriage and without justification. In Maryland, a spouse leaving the marital home may be considered abandonment and can affect one's rights throughout the divorce. Maryland law requires some spouses to be physically separated and to live separately without cohabitation or sexual intercourse for at least 12 months before filing for an absolute divorce. Constructive desertion refers to a situation where the other spouse forces the individual to leave the marital home through their intolerable behaviour, which could include abuse or cruelty.
| Characteristics | Values |
|---|---|
| Definition of abandonment | The intentional desertion of one’s spouse by moving out of the marital home |
| Requirements for abandonment claim | The spouse who moves out must do so with the intent to end the marriage, and this desertion must continue for 12 months without interruption |
| Impact on divorce proceedings | Abandonment is a ground for divorce in Maryland and can affect property and custody claims |
| Impact on alimony | If one spouse can prove actual desertion, the amount of alimony or spousal support may be impacted |
| Constructive desertion | When one spouse's behavior makes continued cohabitation unsafe or unbearable, forcing the other spouse to leave |
| Examples of constructive desertion | Domestic violence, severe emotional abuse, persistent substance abuse, extreme mental cruelty |
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Constructive desertion
In the state of Maryland, constructive desertion is a legal concept that acknowledges that certain circumstances may justify one spouse leaving the marital home. It is recognised that remaining in a marriage could, in some cases, be physically or emotionally detrimental, and that leaving may be legally justified or even necessary. Constructive desertion can be established when a spouse's conduct makes continued cohabitation unsafe or unbearable. This may include situations of domestic violence, severe emotional abuse, substance abuse, or extreme mental cruelty.
Maryland law requires judges to order an equitable distribution of marital property, meaning that the value of all marital assets is divided between both parties, but the values received by each spouse may not be equal. A finding of abandonment will not affect a spouse's access to their equitable share of the marital property upon divorce. However, abandonment of a marriage may influence the court's decision on primary custody of any children.
To prove constructive desertion, there must be clear evidence that the departing spouse's actions were necessary for their safety or well-being. The behaviour that prompted the departure is the key focus, rather than the act of leaving itself. The court will also consider the reason for the break-up of the marriage and how one spouse's conduct caused the divorce, as well as the effects of that conduct on family assets during the separation.
To be granted a divorce on the ground of desertion or abandonment, it must be proven that the desertion continued uninterrupted for 12 months. Sexual encounters or even sleeping in the same house will interrupt the 12-month period. If a spouse returns and is forgiven, the issue of desertion is settled and dissolved.
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Actual desertion
In the state of Maryland, actual desertion, or abandonment, is defined as the intentional desertion of one's spouse by moving out of the marital home. To prove actual desertion, the individual filing for divorce must demonstrate that their spouse left with the intent to end the marriage and that they have been out of the home for more than twelve uninterrupted months. Even one night together can negate claims of desertion.
It is important to note that abandonment or desertion does not affect a spouse's access to their equitable share of marital property upon divorce in Maryland. Maryland is an equitable division state, which means that the value of all marital property is divided between the parties, and the value that each spouse receives may not be equal. The court may consider the reason for the breakdown of the marriage and how one spouse's conduct, including abandonment, impacted the family assets during the separation.
If a spouse can prove actual desertion, the amount of alimony or spousal support may be impacted. Additionally, abandonment may influence the court's decision on primary custody of any children involved. The court will consider the parent's history of abandonment or prior surrender of custody, the length of the separation, and the ability of each parent to assist the children in maintaining familial relationships.
It is worth mentioning that the law surrounding actual desertion can be complex, and it is always advisable to seek legal counsel from a skilled divorce lawyer in Maryland to navigate the specific circumstances of each case.
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Property division
In Maryland, abandonment or desertion occurs when a spouse leaves the marital home with the intention of ending the marriage, without justification, and for more than 12 months. If proven, abandonment can impact property division, support obligations, and custody arrangements.
Maryland is an equitable distribution state, meaning that the value of all marital property is divided between the parties, but the value that each spouse receives may not be equal. Marital property refers to assets acquired during the marriage, including jointly owned assets and individually owned assets purchased with income earned during the marriage. The court will also consider marital debts when determining the value of the marital property.
In the case of abandonment, the court may take into account the conduct of the abandoning spouse and its impact on family assets during the separation. For example, if the remaining spouse had to dip into savings or sell assets to support themselves or pay for legal proceedings. The court may also consider the reasons for the breakdown of the marriage, but this does not necessarily mean that an adulterer's interest in property is automatically forfeited.
It is important to note that regular military deployments or assignments do not constitute abandonment under Maryland law. The Servicemembers Civil Relief Act protects the rights of active-duty military personnel, ensuring their service commitments do not disadvantage them in legal proceedings, including abandonment claims and custody arrangements.
If spouses cannot agree on how to divide their property, the court will decide based on a variety of factors, including monetary and non-monetary contributions to the acquisition of assets and the maintenance of the family. The court may also consider the length of the marriage, the age and health of the spouses, and the economic circumstances of each spouse.
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Child custody
In Maryland, child custody cases are heard by a judge or magistrate in the Circuit Court. The law presumes that both natural parents are the natural custodians of their children, and the court will decide custody based on the "best interests" of the child. This standard considers several factors, including:
- The child's safety and well-being: If a child is in clear and present danger, such as in cases of abuse or abandonment, the non-custodial parent can petition for custody within 96 hours.
- Parenting history: The court will consider if either parent has a history of abandonment or prior surrender of custody.
- Length of separation: A longer separation from the child can impact a parent's claim for custody or additional parenting time.
- Primary caregiver: If one parent moves out and leaves the children in the other parent's care, it may be challenging to argue for an active role in their day-to-day care.
- Ability to maintain family relationships: If a parent brings the children with them when they move out and it becomes difficult for the children to stay connected with the other parent or extended family, this may be considered in the custody determination.
- Stability: The court generally favours stability for the child and will not change the custody arrangement unless there is a valid reason.
- Religious views: Religious beliefs are only considered if they affect the physical or emotional well-being of the child.
- Disability: A parent's disability is only relevant if it impacts the best interests of the child.
It is important to note that abandonment claims can be complex, and mutual separation agreements may be interpreted as desertion or abandonment in court. Military families also face unique challenges due to the nature of military service, and regular deployments or assignments do not constitute abandonment under Maryland law.
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Alimony
In Maryland, a spouse leaving the marital home may be considered abandonment and can affect alimony rights throughout the divorce. Abandonment in a marriage is the intentional desertion of one’s spouse by moving out of the marital home.
If a spouse alleges abandonment in their complaint for divorce, they must prove that the spouse who moved out did so with the intention of ending the marriage and that they have been out of the marital home for more than twelve months. Maryland law requires some spouses to be physically separated and to wait 12 months before filing for an absolute divorce.
If your spouse can prove actual desertion, then the amount of alimony may be impacted. If the status quo is that you were the primary financial provider, an order for alimony can be entered to help the economically dependent spouse pay for their living expenses and support the children.
If you and your spouse cannot reach an agreement about alimony, the court will decide for you. It will consider a variety of factors, including the length of your marriage, your financial situations, how any marital property is divided, the reasons for your divorce, and your ages and health. Unless you and your spouse agree otherwise, alimony can be modified or extended. It ends upon death, the recipient’s remarriage, or by the court to avoid a harsh result.
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Frequently asked questions
Abandonment in a marriage, also known as desertion, is the deliberate act of leaving one's spouse with the intention of ending the marriage and without justification.
For abandonment to be legally justified in Maryland, the departing spouse must prove that their actions were necessary for their safety or well-being due to intolerable behaviour, abuse, or cruelty by the other spouse.
To file for divorce on the grounds of abandonment in Maryland, the desertion must continue for 12 uninterrupted months, and the spouse leaving must do so with the intent to end the marriage.
Abandonment may not directly impact a spouse's access to their equitable share of marital property in Maryland. However, the court may consider the reason for the divorce and how one spouse's conduct, including abandonment, impacted family assets during the separation.
Constructive desertion is a valid defence against claims of abandonment. If you can prove that your spouse left due to your intolerable behaviour or mistreatment, you may be able to refute their abandonment claims.
