What is the legal definition of abandonment in a marriage?
10/06/2007 - Divorce - State: SC #9766
If your spouse moves out, signs a lease at an apartment. and gets his own checking account without your knowledge, is that grounds for abandonment? Does this fall into marital fault? He left behind a wife and three boys 6 and under. If so what do I need to be doing as the wife that was left?
The applicable South Carolina statutes are as follows:
§ 20-7-90. Obligation to support spouse and children.
(A) Any able-bodied person capable of earning a livelihood who shall, without just cause or excuse, abandon or fail to provide reasonable support to his or her spouse or to his or her minor unmarried legitimate or illegitimate child dependent upon him or her shall be deemed guilty of a misdemeanor and upon conviction shall be imprisoned for a term of not exceeding one year or be fined not less than three hundred dollars nor more than one thousand five hundred dollars, or both, in the discretion of the circuit court. A husband or wife abandoned by his or her spouse is not liable for the support of the abandoning spouse until such spouse offers to return unless the misconduct of the husband or wife justified the abandonment. If a fine be imposed the circuit court may, in its discretion, order that a portion of the fine be paid to a proper and suitable person or agency for the maintenance and support of the defendant's spouse or minor unmarried legitimate or illegitimate child. As used in this section "reasonable support" means an amount of financial assistance which, when combined with the support the member is reasonably capable of providing for himself or herself, will provide a living standard for the member substantially equal to that of the person owing the duty to support. It includes both usual and unusual necessities.
(B) Any person who fails to receive the support required by this section may petition to a circuit court of competent jurisdiction for a rule to show cause why the obligated person should not be required to provide such support and after proper service and hearing the circuit court shall in all appropriate cases order such support to be paid. Any such petition shall specify the amount of support required. Compliance with the circuit court order shall bar prosecution under the provisions of subsection (A) of this section.
Please see the information at the following links:
http://lawdigest.uslegal.com/divorce/state-law-summary/6928/ http://lawdigest.uslegal.com/divorce/state-faq/7012/ http://definitions.uslegal.com/a/abandonment/ http://www.uslegalforms.com/divorce/south-carolina-divorce-forms.htm
10/06/2007 - Category: Divorce - State: SC #9766
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