With Justice for ALL (quote from the pledge of allegience U.S.A.)
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- ABANDONMENT ACCORDING TO LAW -
There are pages and pages of these definitions with case law. I presented an entire case and got it out of this book - Words and Phrases Permanent edition 1 Gonzaga law library KF 156.W67v.1c.1 S.G.
The thing I find interesting is that the states will see abandonment as a "crime" against the abandoned spouse but on the same hand will let the one committing the "crime" use that "crime" to file a divorce action against the one who is abandoned? What's wrong with that picture! The party offending should NEVER be allowed to come into the court and have their "crime" used to support an action against the one who they abandoned.
"Abandonment" by a spouse is a voluntary departure or a living apart, without intention of returning, unjustified and without consent of the other spouse, the separation being obstinate and hardened and one that would have supported a judgment of separation. In re Lapenna's Estate, 226 N.Y.S. 2d 497, 499, 16 A.D.2d 655.
The matrimonial offense of "abandonment and desertion" contains two elements, namely, the ending of cohabitation and the intention of the offending parties to desert, and such intention must be definite that the marital relation shall no longer exist. Jones v. Jones, 46 A.2d 617, 618, 186 md.312.
Fact that husband had been ordered out of the home by some division of Magistrate's Court of city of New York would NOT be regarded by Domestic Relatinos Court as an "abandonment" by husband of his wife and children, or an abandonment of his duties and obligations to his family, nor would order of Magistrate's Court be regarded as res judicatea in wife's action to compel husband to provide support. Dash v Dash, 80 N.Y.S.2d 336, 339.
Cruel treatment or failure to provide for wifes support compelling wife to
leave husband WOULD constitute abandonment BY HUSBAND, so as to entitle wife
to alimony WITHOUT divorce. Blanchard v Blanchard, 36 S. E. 2d 919, 920, 226