Marriage is an economic partnership, and partners are often dependent on each other’s financial contributions. If you left your home and partner and are now getting a divorce, your actions could impact your divorce settlement. The same is true if your partner was the one who left.
The reasons for that departure could work in your favor or against you. For advice and guidance, speak with an experienced property division attorney at Dolan Divorce Law about abandonment of the home and Southbury asset division. Our attorneys will candidly assess your situation and advocate for you to receive a fair division of property.
State law considers all property that either partner owns when a couple separates to be marital property. When couples divorce, a judge divides the marital property in a way that seems fair, given all the circumstances.
Most couples choose to cite no-fault grounds when divorcing, even when there is evidence of marital misconduct. According to Connecticut General Statutes § 46b-81, however, a judge can consider the reason for the divorce when deciding property division matters even if the couple cited no-fault grounds.
Abandoning one’s home and partner may qualify as marital misconduct. Whether abandonment occurred depends on the reasons for leaving the marital home. If a judge determines that a Southbury resident’s departure lacked justification, that finding may influence how the court divides the couple’s property.
A person may leave the marital home to escape violence or coercive control or to protect their children from a perceived threat. In such cases, the departure is not considered abandonment if the departing partner provides evidence showing that their fear was reasonable. If a judge finds that one partner’s conduct caused the breakdown of the marriage, the other partner may receive a greater share of the marital estate.
However, if the partner who fled makes unfounded allegations of violence, coercive control, or child neglect or abuse, this may have the opposite effect. A court might decide that the fleeing partner caused the marriage to fail and award a larger percentage of the marital property to the other partner. A Southbury attorney can review the evidence of a partner’s misconduct to determine whether it is sufficient to justify the other partner abandoning the marital home and how it may affect asset division.
Connecticut General Statutes § 46b-40 allows an individual to sue for divorce on the grounds of desertion if their partner left the marital home and has not supported them for one year. However, for the purposes of dividing marital property, a court may find that an abandonment occurred even if the circumstances do not fit the statutory requirements for desertion. If the judge finds that one partner’s departure caused or contributed to the end of the marriage, this may impact the property settlement.
Many couples decide together that they should end their marriage. If the couple can afford it, one partner often moves out of the family home before the couple files for divorce. This is not abandonment.
When one partner leaves without the other’s agreement, this departure could constitute abandonment. This is especially true if the partner who leaves stops contributing to the family finances when they have done so previously. A Southbury attorney can ensure that the judge determining the settlement has all the facts relevant to an individual’s departure from the marital home so that the judge can make an informed decision about whether marital misconduct has occurred.
The consequences of abandonment of the home and Southbury asset division are dependent on the individual facts of the case. A judge will consider numerous factors when making their determination.
Having a skilled advocate on your side can lead to a more favorable division of marital property. Contact us today to find out whether desertion or abandonment may be a factor in your case during a free consultation.
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