In Wisconsin state divorce statutes, there is actually no mention of spousal abandonment. Wisconsin does not recognize “abandonment” as grounds for divorce, and spousal abandonment ultimately does not affect the final terms of divorce, but if your spouse has left without cause you should still know the best available options and how to move forward.
How is Spousal Abandonment Determined?
Spousal abandonment refers to one spouse leaving the marriage without justification, consent or intent to return. Because Wisconsin is a no-fault and marital property state, leaving a marriage, even a 50-year marriage, seldom affects property division or support rulings.
While leaving a marriage does not affect property division, it can affect child custody and visitation rights under certain circ*mstances.
How to Serve Divorce Papers During Abandonment
After the summons and petition for divorce are filed, divorce papers must be served to your spouse within 90 days. Thorough attempts must be made even if the spouse is "missing." A judge will not move the process forward until every effort has been made to serve the missing spouse. Document every attempt thoroughly and enlist the help of a police officer, sheriff department, process server, friend or relative.
Moving Out of the House During a Pending Divorce
If you are planning on moving out of your house during divorce proceedings, you don’t have to feel as if you’re giving the house up permanently. Even if one party moves out of the house during a pending divorce or seemingly leaves out of nowhere, neither party gives up any interest or equity in the home until a judgment is given. Leaving the home could, however, potentially affect your access to your children.
Can I Access the Home if I Leave?
Legally, there is nothing wrong with coming and going, provided there are no orders barring it. However, parties need to weigh the potential consequences of returning to the marital home when not welcome.
If the court makes a temporary order that grants one party exclusive use of the marital home, the other party may not enter the home without the permission of the residing spouse.
Should I Take My Things When I Leave?
Because there are no abandonment laws related to property in Wisconsin, you retain your rights to property even if you leave the home.
Before moving out, it may be smart to create an inventory of all of the property in the house. This way the moving spouse can recall what they may want in the final property division. Unless parties agree, the moving spouse can only take personal belongings like clothes and jewelry when they leave.
If a party has moved out and wants access to the home to retrieve personal property, the best path forward is to work with an attorney to schedule a date and time that is agreeable for all involved. An agreement should be set forth to decide which items can be removed from the home to minimize future conflict.
Will Moving Out Affect Child Custody or Visitation Rights?
If a party leaves the home and does not have contact with the children, that certainly could play into a judge's decision as to custody and placement. The other party can file for termination of parental rights after 6 months if:
- The abandoning parent was aware of the child/children's location
- There were no communication or visitation attempts
- Abandonment was not due to safety concerns
Even if a party continues contact in some limited ways, moving out of the house can create barriers to time with the children. The longer you go without significant periods of being primarily in charge of your children, the more likely a court may continue to award more placement time to the other party.
Alternatives to Moving Out of the Home During a Pending Divorce
For couples with more amicable divorce processes who want to keep things as normal as possible for the kids, there are some other short-term options.
Nesting
An arrangement where the children remain in the marital home, and each parent stays there for alternating periods, typically a week or a month. This arrangement can offer more stability for the children if the parents have the means to stay elsewhere on their off-weeks or months.
House Splitting
If the marital home is big enough, the parents can divide the house into separate areas of occupancy. The parties will then decide whether they want to share the common areas as needed or place a schedule for the use of common areas.
Contact Divergent Family Law for advisem*nt on your best steps as you move through divorce proceedings.
Get Started TODAY We're here to help! Because it's worth it. KNOWThe Real Costs
