What Is The Criteria For Determining Abandonment?

fighting coupleQuestion:

My wife has spent the last couple years living like she is single. She admits to hanging out with other men and will regularly disappear for weeks at a time.

How will her adultery affect our divorce case? Does this qualify as abandonment?


I do not practice law in your state and therefore cannot provide you with specific information or procedures. However, I can offer you some insight to your situation to be discussed with a family law processional whom practices in your jurisdiction.

Each state has its own criterion when determining adultery and/or abandonment. These may act as defenses to support or factors in the distribution of assets or debts depending on your state.

If your state’s law is similar to Pennsylvania law, the court would look at evidence supporting this defense. The evidence could include witness testimony as well as exhibits. This evidence is typically presented at a hearing. There are situations where a party should not file certain claims (such as divorce) or they will lose specific defenses.

Again, this is state specific. Therefore, it is important that you consult with an attorney in your state to ensure that you have sufficient evidence to support your claim as well as to determine when these defenses should be raised.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.

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Shawn Garrison is an Online Editor for Lexicon, focusing on subjects related to the legal services of customers, Cordell & Cordell and Cordell & Cordell UK. He has written countless pieces dealing with the unique child custody and divorce issues that men and fathers face. Through his work on CordellCordell.com, CordellCordell.co.uk, and DadsDivorce.com, Mr. Garrison has become an authority on the complexities of the legal experience and was a content creator for the YouTube series “Dad’s Divorce Live” and additional videos on both the Dad’s Divorce and Cordell & Cordell YouTube channels. Mr. Garrison has managed the sites of these customers, and fostered the creation of several of their features, including the Cordell & Cordell attorney and office pages, the Dad’s Divorce Newsletter, and the Cordell & Cordell newsletter.

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