Monday, May 19, 2014

IF I MOVE AWAY FROM THE MARITAL RESIDENCE, IS THAT ABANDONMENT?

Abandonment is a term often used by clients in Illinois, however, it is not correctly understood by most.  If a party moves out of the marital residence, it will not necessarily be viewed negatively by the court.  Again, abandonment is not a legal term used by the court.  Instead, the only way it will be used against a party in a divorce proceeding is if the party moving out of the residence was providing necessary financial support to the other party and/or the children of the couple, and he or she fails to do so after vacating the residence, leaving the other party unable to pay required bills or expenses.  In this instance, the court may enter an order that the vacating party continue to provide support to the other party. 

http://www.westmontattorneys.com/Divorce-Child-Support/