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Last Modified on Nov 11, 2025
If your spouse has left you without any attempts at communicating, perhaps you’re wondering, “What is marriage abandonment in California?” and what the legal implications are. Whether you and your spouse are already going through a divorce or not, a qualified family law attorney can guide you through the process.
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What Is Considered Spousal Abandonment in California?
Marriage abandonment, or spousal abandonment, is when one spouse has intentionally left the marital home without the other spouse’s consent, presumably with the intent to end the marriage. California law recognizes spousal abandonment as when the abandoning party has no intentions of returning and has been consistently absent from the marital home for a prolonged duration of time.
Marriage abandonment is sometimes used as a valid ground for divorce in some states, but in California, grounds for divorce aren’t required; California’s “no-fault” divorce uses the grounds of “irreconcilable differences” for all marriage dissolutions, regardless of the circumstances, and no evidence needs to be provided. No-fault divorces can also proceed without the consent or presence of both spouses.
While abandonment of a marriage is not required to file for divorce, nor does it affect a spouse’s ability to move forward with the proceedings of a marriage dissolution — if the abandoning spouse left after settling the divorce — spousal abandonment can still present certain issues that need to be addressed despite one spouse being absent.
Approaching Family Law During Marriage Abandonment
Marriage abandonment can affect how a person is meant to approach a number of different family law matters, including how to file for a divorce, finalize an ongoing divorce, or modify the court orders resulting from marriage dissolution now that one party is no longer present. How you may need to proceed after experiencing spousal abandonment will differ depending on your circumstances; consider consulting with a family attorney about your case.
In a normal divorce, the spouses’ marital property is divided equitably between them. In the case of spousal abandonment, the court may determine that by abandoning the marriage, that spouse has forfeited their share of the property. It’s possible the court may award a portion, or all, of their marital property to the spouse who was abandoned or even allocate to the abandoning party a larger share of the marital debt.
If abandonment has resulted in financial hardship for the remaining spouse, the court is likely to consider this when determining alimony, also called spousal support. Standard divorce procedure calls for the court to consider each spouse’s ability to earn income, financial needs, and other factors, but after marriage abandonment, the court may order the abandoning spouse to pay spousal support.
Child Custody and Support Following Spousal Abandonment
The choice to abandon one’s marriage, in addition to any children the couple shares, is also likely to be noted by the family court when deciding child custody and child financial support. As with any custody case, however, the court typically considers all relevant factors when determining the custody arrangement that is appropriate for the child’s well-being.
Both parents of a child are obligated by law to provide financial support to their children, making it a crime for either party to willfully avoid helping furnish their child’s basic necessities. If you are given primary physical custody of the child, you may seek child support from the abandoning spouse with the help of the court, which can order them to provide support or face the repercussions.
If the abandoning party shows no intentions of returning to care for their child, provide child support, or fulfill their parental duties, the child’s other parent or the courts can use this abandonment as sufficient grounds for the absent parent to be stripped of their parental rights. This means the custodial parent can seek sole custody, or other interested parties may petition for shared custody or guardianship, such as the abandoning spouse’s parents.
What to Do if You’ve Been Abandoned by Your Spouse in California
If you believe you’ve been abandoned by your spouse, you should:
- Ensure you’ve considered the differences between moving out versus abandonment
- Document the abandonment, including, if you can, keeping records of when your spouse first left, information about their lack of communication, and details about any emotional or financial issues you have experienced as a result of the abandonment
- Ensure your finances are in order by making sure you can access your credit cards, bank accounts, and other financial resources as you move towards a divorce
- Consult an experienced family lawyer who advises you of your rights and helps you gather compelling evidence about the abandonment
- With your attorney, they can help file for divorce and work through important immediate steps, and explain how to take legal action against your spouse
- Consider self-care and how to appropriately provide emotional support for yourself and your children during this time
Certainly, reach out to an attorney to discuss your abandonment situation fully. It’s essential to hire a knowledgeable lawyer who understands California’s complex abandonment laws in divorce matters and who can protect your rights.
Reach Out to a Trusted California Divorce Lawyer
The legal entanglement after spousal abandonment can be stressful. Thankfully, you can contact a divorce lawyer to discuss:
- Your legal rights
- Your finances
- The divorce process
- Asset division
- Spousal support
- Child custody
- Legal remedies
Even if you cannot locate your spouse, an attorney can provide invaluable support and walk you through your spousal abandonment situation. The team at Edgar & Dow has substantial experience helping abandoned spouses through this trying time. We’re here to discuss your specific situation and can provide extensive help. We know how to help you move forward with your life and gain confidence in a favorable outcome.
FAQs
What Qualifies as Spousal Abandonment in California?
To qualify for spousal abandonment under California law, you must prove that one spouse left with no intention of returning and has been consistently absent for an extended period of time.
Spousal abandonment occurs when one partner leaves for a prolonged period with no apparent intention of returning. The abandoning spouse may have left without notifying the other spouse after a marital disagreement or left but inaccurately expressed their intention to return, among other possibilities.
Can I Get a Divorce if My Spouse Has Abandoned Me?
Yes, you can get a divorce even if your spouse abandoned you. California courts don’t require a person to provide evidence that their spouse has committed marital misconduct or other circumstances that would qualify as valid grounds for divorce, which is the case in some other states. In California, a spouse can divorce without their partner’s consent, as the state has a “no-fault” divorce law.
What Happens if My Ex-Spouse Abandons Our Child?
If your spouse has abandoned you and a child you share, whether you’re separated/divorced or not, this may be enough to ask the court for full custody or to strip the abandoning parent of their obligations and rights to your child. Both parents are obligated to support their children financially, so if one parent abandons their responsibilities, they will likely be required to forfeit their parental rights.
What Happens if Your Spouse Abandons You During a Divorce?
If your spouse has abandoned you shortly after you’ve filed for divorce or is in the middle of legal proceedings, you may continue with the divorce if enough time has passed for the situation to be legally determined as marriage abandonment.
These circumstances will likely affect how the divorce case is handled, but abandonment will not prevent the divorce process from continuing. Call Edgar & Dow right away to discuss your available options and take action.
Hire a Divorce Lawyer – Call Edgar & Dow Right Away
At Edgar & Dow, we are a compassionate and competent family law firm. When you need to hire a divorce lawyer with extensive experience across California, give us a call. Edgar & Dow have assisted in numerous divorce proceedings, including when one spouse is unwilling to compromise or appears to have abandoned the marriage.
We have offices throughout Southern California, and we trust that one location is convenient for you. Our attorneys have extensive experience handling divorce cases and specifically spousal abandonment situations. Connect with us right away if your spouse has left you and made no attempts to communicate, and you’re ready to move on with your life. We can help explore your available legal options and protect your legal rights.
Reach out to our team today to speak with a qualified attorney who’s ready to help you every step of the way. We can set up an initial meeting with a compassionate lawyer.
