Is Being Kicked Out Abandonment? 26 Answers as of June 13, 2011

If my wife kicked me out of the house, can she say that I abondonded her in the divorce proceedings?

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
She can say about anything, but keep in mind, there is a difference between an accusation and proof of the event in question. I would think that any judge hearing "abandonment" and seeing evidence she "kicked you out" would not be amused.
Answer Applies to: Texas
Replied: 6/13/2011
Law Office of Robert L. Fiedler
Law Office of Robert L. Fiedler | Robert L Fiedler
There is a difference between being kicked out and being abandoned.
Answer Applies to: Connecticut
Replied: 6/13/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
She can say the sky is green. It is your obligation to show that she is not credible. That's polite lawyer talk to say she is a liar. If you are both on the deed, you could just move right back into your house (with a recording devise for your protection and evidence for trial). Stay well.
Answer Applies to: Alabama
Replied: 6/9/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
No, she cannot say you abandoned her if she kicked you out. In fact, it is exactly the reverse. She abandoned you. Speak to a local matrimonial attorney about the matter. Good luck.
Answer Applies to: New York
Replied: 6/9/2011
Gresham Family & Bankruptcy Law
Gresham Family & Bankruptcy Law | Lillian Suelzle Watson
Regarding your question about abandonment. . . Your wife can say anything she wants to if she goes to court, but you can explain that you were kicked out of the house. There are two sides to every story. If you are served with divorce papers, be sure to file an answer and appear in court to present your side of the story. Good Luck.
Answer Applies to: Oregon
Replied: 6/9/2011
    Palomino Law Firm, P.C.
    Palomino Law Firm, P.C. | Debra Palomino
    No, being kicked out of the home is not abandonment.
    Answer Applies to: Arizona
    Replied: 6/9/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Are you supporting her? If not, then she can cry abandonment but that's not usually a real issue.
    Answer Applies to: Washington
    Replied: 6/9/2011
    Seattle Divorce Services
    Seattle Divorce Services | Michael V. Fancher
    Under Washington law, I am not very clear on what you are asking. Abandonment is not a term or claim typically used in Washington divorce law. Since this is a no fault state, so she does not need to claim abandonment in order to obtain a divorce.
    Answer Applies to: Washington
    Replied: 6/9/2011
    Steven D. Keist, Attorney at Law
    Steven D. Keist, Attorney at Law | Steven D. Keist
    Arizona is a no fault state. Therefore she cannot claim abandonment.
    Answer Applies to: Arizona
    Replied: 6/9/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    No. And, in Colorado "abandonment" is not a relevant concept anyway. So, she can say what she wants, but it has no influence on any of the legal issues involved in divorce.
    Answer Applies to: Colorado
    Replied: 6/9/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    You wife cannot claim abandonment if you were forced to leave . To protect your rights, please see a local domestic relations attorney.
    Answer Applies to: Ohio
    Replied: 6/9/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Based upon experience, the simple answer to your question is, "yes," anybody can spin the facts and say just about anything! The important thing for someone in your position to do is to retain a divorce attorney ASAP and discuss with him or her whether you should file quickly. Good luck.
    Answer Applies to: Georgia
    Replied: 6/9/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    No but you should continue fulfilling your financial obligations.
    Answer Applies to: Connecticut
    Replied: 6/9/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Many people ask me about "abandonment", but abandonment isn't a ground for divorce in California. "Irreconcilable Differences" is a ground for divorce in California. The only benefit that someone could possibly get from claiming abandonment might be in child custody proceedings, where a parent claims the other parent abandoned the child and hasn't visited or contacted the child - and in that case, it could affect the absent parent's custody and visitation rights if that "abandonment" went on for a protracted period of time. If you are being deprived of contact and visits with your child/children, you should waste no time retaining an experienced Family Law Attorney to represent you in your divorce case, and to seek custodial and/or visitation rights with regard to your child/children.
    Answer Applies to: California
    Replied: 6/8/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    In California, there is no cause of action for abandonment. California is a no-fault state meaning that it does not matter who leaves first. California is a community property state, therefore all property acquired during the marriage will be divided equally.
    Answer Applies to: California
    Replied: 6/8/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    Assume Oregon law applies: Why are you leaving? If she has an order, than I understand and so will a Judge. If you are leaving to avoid further domestic arguments, and emotional turmoil in front of the children, than a judge will understand. Just because you leave doesn't mean you don't see your children. Be sure to support them too so the judge can see that you put your money where your mouth is.
    Answer Applies to: Oregon
    Replied: 6/8/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    No, not too likely, but she would have no legal authority to "kick you out" of the marital home absent a court order which requires you to leave.
    Answer Applies to: Virginia
    Replied: 6/8/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    There is no such thing in California. California is a no fault divorce state. If you are in my area and are looking for an attorney, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/8/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Alleging something, and proving it in court, are two separate things. Don't get concerned when a spouse (during divorce) starts making threats. Stick with the main issues of dividing assets/debts, establishing any support, establishing a parenting plan if kids, etc. All the drama only adds to fees and stress, and ultimately does not help advance the case. Good luck.
    Answer Applies to: California
    Replied: 6/8/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Generally pre-divorce separation is not considered legal abandonment.
    Answer Applies to: Georgia
    Replied: 6/8/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    No. Abandonment is not an issue in Minnesota divorce.
    Answer Applies to: Minnesota
    Replied: 6/8/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    No. Abandonment usually entails leaving and not coming back or trying to not make contact or pay child support.
    Answer Applies to: Utah
    Replied: 6/8/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    In Georgia, no.
    Answer Applies to: Georgia
    Replied: 6/8/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    Is there any other reason for her to claim abandonment other than you leaving the house because you being kicked out is not abandonment. You can call the office for a free phone consultation to discuss your specific case more privately and in more detail.
    Answer Applies to: Illinois
    Replied: 6/8/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    On whose authority did she kick you out? Why did you leave? You have as much right to live in the marital home as she does.
    Answer Applies to: Florida
    Replied: 6/8/2011
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