Spousal Neglect and Its Consequences in Legal Contexts

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When your spouse emotionally, physically, or financially neglects you, you may be a victim of spousal neglect.

But it's not just an empty feeling you get from your marital relationship. The law on spouse neglect takes this conduct seriously, and it may open up significant legal consequences for your partner. And…

You should know that neglect is often grounds for divorce in your state and may impact your divorce case. Whether it's mental abandonment, financial neglect, or physical desertion, it's essential to know how the law of spousal neglect works.

In this post, you will discover:

• What spousal neglect means under the law

• The types of spouse neglect

• The legal implications of spouse neglect

• How to build your case of neglect

Defining Spousal Neglect Legally

Spousal neglect laws change from state to state, but the overall concept remains the same.

Essentially, spousal neglect or abandonment is when one spouse withholds their duties towards their partner. These include a failure to financially support their partner, a refusal to provide love, companionship and emotional support, or a complete desertion from the marital home.

Interesting…

Sources show that domestic violence affects 10 million Americans each year. Spouse neglect falls under domestic violence in some cases but not all. However, most cases have a history of one spouse neglecting the other.

In most states, spousal neglect law defines emotional neglect in a marriage as mental abuse. This type of abuse can leave the targeted spouse feeling worthless, emotionally drained, and insecure. It does not involve physical harm, but it is one of the grounds for divorce and other family law cases.

Types of Spousal Neglect

The court of law recognizes several forms of spouse neglect. It is important to note which type of neglect is more applicable to your current situation.

Willful Financial Neglect

This is a situation where a spouse has the financial capacity to support their partner but refuses to do so.

Willful spousal neglect may include a refusal to work when they are capable of doing so. A spouse may also be guilty of this form of neglect by withholding financial information from their partner.

Occasionally, reckless spending of marital resources while leaving a partner financially stranded qualifies as a form of willful neglect. A person can also be guilty of neglect if they keep their income from sources like wages, inheritance, and gifts while leaving their spouse broke.

In certain states, willful financial neglect is charged as a criminal offense. It becomes even more if the partner left behind is a minor.

Emotional Abandonment

Emotional neglect in a marriage is the total lack of affection, care, love, and companionship.

This is the type of neglect which is quite difficult to prove in the courts of law. One of the reasons is that it is purely based on psychological patterns, which make it invisible. It can only be viewed through the perceptions of the affected partner. When your spouse goes through life completely disinterested in your being without any empathy or remorse, it is a form of emotional neglect.

Signs of this form of neglect include a lack of communication, cold indifference towards the well-being of your partner, and an unrelenting refusal to participate in the marriage relationship.

Absence of any physical or emotional contact also indicates emotional abandonment.

Physical Desertion

Physical desertion is when a spouse abandons their home and partner without the consent of their mate.

It is as simple as that. A physical departure from the marital home by one spouse against the will of their partner is a form of physical desertion. Desertion cases must also be "intentional," meaning you should have no plan to return to the household after you leave. A spouse must have deserted the other for a specific time (usually one year) for the act to count as abandonment.

However, there is a way to get around that desertion requirement and still win your case. If you abandoned your spouse, but only did so after they created a condition in your home that made it impossible for you to stay there with them, then the court may still consider your claim of desertion by your spouse. This is also known as constructive desertion.

Legal Implications of Spousal Neglect

The court takes this offense seriously, and there can be severe consequences to spousal neglect.

Effects on Divorce Cases

Although divorce is becoming no-fault in many states, evidence of spouse neglect may impact the final judgment of a marriage case. The court can give a higher percentage of the marital estate to a spouse who was left by their partner. This move is to compensate for the financial neglect that the other partner may have suffered during their marriage.

For instance, some courts are known to increase the amount of alimony payments when divorce cases involve financial abandonment of one partner by their spouse.

Custody of the Children

Children become to factor when spouses involve neglect in their divorce cases. This is because the courts of law are very serious about children.

The court always acts in the best interest of the children, and a spouse who neglects their partner will most likely be seen as unfit to care for their children. That spouse may face reduced time with their children or even lose some decision-making authority over their children.

Recent statistics have shown that the United States state courts process 3.8 million family law cases every year. Of that number, child abuse and neglect cases make up 330,000 cases. The courts take these cases very seriously.

Criminal Charges for Neglect

In certain circumstances, you can press criminal charges against your partner for neglect.

Every state has what is called a criminal nonsupport law. This is a law that criminalizes a situation where a person willfully fails to support their spouse or children. This law works in different states to various degrees. So, if your partner abandons you and leaves you at a point where you are almost destitute, they could face criminal charges for neglect.

The penalties for nonsupport vary from state to state. A first offense for spouse neglect usually gets a sentence of up to six months in jail. Offenders may be asked to pay fines or make up for their arrearages in child support or alimony.

Building a Case for Spousal Neglect

If you are a victim of spousal neglect, you should begin to document all forms of neglect coming from your partner.

Documentations will help the court in the pronouncement of the ruling of your case. If the case goes in your favor, and you can prove that your partner has neglected you or your children in any form, you are more likely to get a favorable judgment in court. Communication records showing evidence of neglect, financial statements showing lack of support, testimonies of friends and family members, and medical records showing physical and mental conditions can work to your advantage.

Consultation of Legal Remedies

If you are a victim of spousal neglect, there are a couple of legal remedies available to you.

Seek legal advice: the first thing you should do when faced with a problem of this nature is to consult an experienced family law attorney. A good attorney should be able to brief you on your rights and remedies available to you in your state.

File for divorce: this can be done whether or not your state uses fault or no-fault divorce grounds. You can as well get a lawyer to do this on your behalf.

Request for temporary orders: courts can make orders for temporary support and custody of children while the case is still pending.

Request for spousal support: If your partner's neglect has left you with financial issues, you can request spousal support.

Seek protective orders: If you have been threatened by your partner, you can seek a protective order from the court. The court can make orders to keep your spouse away from your home, workplace, and children.

Something many people do not know…