Can You Get a Divorce if Your Spouse Just Up and Left?

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday June 14th, 2021.

Can You Get a Divorce if Your Spouse Just Up and Left?

When one spouse walks out on another, severs all ties, does not take care of their share of financial obligations, and has no intention of returning, this is called marital abandonment, or desertion. Abandonment is quite different from a separation, which occurs when a married couple agrees to separate, either temporarily or permanently. Separation is not abandonment unless the spouse that leaves refuses to provide support or take care of financial obligations without cause. In some states with fault-based divorce, this is known as “willful desertion,” and comes in two types.

Criminal Abandonment

Criminal abandonment occurs when one spouse no longer provides for the care, support, and protection of the other spouse who has health problems, or a minor child, without “just cause.” As an example, if your spouse came down with a terminal disease and you did not feel you could continue to take care of them, the court will not accept this position as grounds for divorce.

Constructive Abandonment

When one spouse makes it intolerable for their spouse to stay, the person leaving can claim constructive abandonment. Being abusive, having a chronic addiction, or adultery could be used as a claim for constructive abandonment.

Claiming Abandonment

Before you can claim abandonment as grounds for divorce, you have to make sure your state allows abandonment as grounds. Some strictly no-fault states will not allow you to use abandonment as a legal tool.

To use abandonment as grounds for divorce, you will have to prove to the court that abandonment really took place. You will need to prove, as the plaintiff, that the defendant left your home and has failed to meet their financial obligations for the required period of time in your state. You must also prove there was no just cause for your spouse to leave, for things like abuse, addiction, or adultery.

If you feel you may have been abandoned by your spouse, or if you aren’t sure and would like to talk to someone to clarify your situation, contact the Law Office of Wickersham & Bowers. Schedule an appointment with one of our attorneys today.

Who in the Family Could Possibly Challenge Your Will?

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Monday June 14th, 2021.

The number of people who can contest a will is limited. Only someone who would be personally and financially affected by the terms of a will may bring a lawsuit to challenge the will’s validity. Someone in this position is considered to have “standing” by the courts. With this in mind, how does someone stand to contest a will?

Possible Heirs That Were Disinherited

Someone so closely related to the person who passed that they would have received a portion of that person’s estate if they did not have a will is known as an “heir-at-law.” Heirs-at-law are usually considered to have standing to challenge a will.

Beneficiaries Mentioned In A Prior Will

If a person (or an entity) was named in a previous, older will, this would provide sufficient standing to contest the newer will if it removes them from the document. They would also have standing if their share of the estate was smaller in the newer will. In the same way, if an executor of the estate was in the older will but removed in a subsequent will, that person will likely have standing to contest the newer will.

In each case above, each person listed would still have to demonstrate the will in question is for some reason invalid.

Who Cannot Contest A Will?

If you are not a beneficiary in a previous will, or not an heir-at-law, you are unlikely to have legal standing to challenge a will. This applies even if you believe the will is not valid. Minors are another group that usually cannot have standing to contest a will. In most states, however, a parent or guardian is permitted to challenge a will on a child’s behalf.

What Should You Do?

Contesting a will is complex series of laws. If you are considering contesting a will, your first step should be to consult a lawyer that specializes in these kinds of probate matters to see if you may have grounds. Contact the Law Office of Wickersham & Bowers to set up an appointment with one of our experienced lawyers.