What Is an Abandonment Divorce in California?
Many people think that if a spouse leaves the marriage and does not come back, the other spouse can get a quick “abandonment divorce” in California. In reality, divorce in California is “no-fault,” which means you don’t need to prove that your spouse abandoned you. Still, the issue of abandonment can appear in certain parts of the divorce process, especially when it affects children, finances, or other legal concerns.
Because the law can be confusing, it helps to understand the basics of how abandonment might matter when you file for divorce. By learning how courts handle these cases, you can figure out your next steps more easily.
Abandonment Divorce Laws in California
In California, you do not have to prove fault—like abandonment—to get a divorce. You can simply say there are “irreconcilable differences.”
Even so, the concept of abandonment can show up in a few ways:
- Child custody concerns: If one parent leaves and does not contact the children, the court might consider this when deciding custody.
- Child support orders: An absent parent may still have to pay child support. The court can order support even if that parent does not live with the family.
- Division of property: Because California is a community property state, each spouse usually gets half of all marital assets. However, if one spouse left and stopped helping with bills or debts, the court may consider that.
- Spousal support: If a spouse’s sudden absence caused serious money problems, the court might award spousal support to the spouse who was left behind.
You typically won’t file a divorce on the single basis of abandonment, but you can mention your spouse’s absence if it harms you or your children. In most cases, the judge will look at how your spouse’s actions affected your family.
How Does Fault Affect Divorce in California?
California is a no-fault divorce state, so the judge usually does not focus on who caused the end of the marriage. If your spouse left home, you do not gain an automatic advantage based only on that. However, there are times when the court looks at “fault-like” actions.
For example, if your spouse’s disappearance caused you major money troubles, you might need more financial support from them. Or if your spouse will not respond at all, the divorce can move forward without their input. In some cases, a judge might even decide in your favor by default if your spouse refuses to take part in the process.
What Should I Do If My Spouse Abandons Me?
When your spouse leaves, it can feel confusing and stressful.
Taking the right steps early on can make a big difference later:
- Document all details, such as when they left and any attempts you made to reach them
- Gather financial documents, like bank statements, pay stubs, and bills
- Seek emotional support from a counselor, therapist, or trusted friend
- Focus on your children’s needs, if you have any, to keep their routine as normal as possible
- Contact a family law attorney who can help you file for divorce and protect your rights
Taking these steps now can help if you choose to move forward with legal action.
Contact a Knowledgeable Family Lawyer in California for a Free Consultation
Abandonment can leave you with many questions and worries. Even though you do not need to prove fault to get a divorce in California, your spouse’s absence can still affect child custody, child support, and spousal support. If you are dealing with this problem, it’s a good idea to talk with an experienced family law attorney soon.
A lawyer can explain your legal options, file the right paperwork, and guide you through each step. By understanding your rights and acting quickly, you can protect yourself, your children, and your finances during this difficult time.
Contact a California Divorce Lawyer Today
For more information, contact our experienced California divorce lawyers at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.
We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586