Many clients worry – and often ask – whether they will have abandoned or waived their interest in the marital home if they agree to leave or move-out after parties’ separate.
Pennsylvania is a unique state, in that a party can seek a fault or no-fault divorce. Although uncommon to assert, abandonment or desertion is one instance in which a party can seek a fault divorce. The key to establishing abandonment is showing that the departure was willful and malicious – this is difficult to do.
There can be no justified reason for one spouse to have left – so long as they moved out of the marital home in a respectful and responsible fashion, then it does not qualify as abandonment or desertion. Further, if there is an agreement by the parties that one party will move out, then abandonment or desertion cannot be asserted.
If you have any questions about the topic discussed in this article, or any family law matter, please give us a call at Bononi & Company (724) 832-2499.