Legal Question in Family Law in Massachusetts
Thrown out
If my wife throws me out of the house and wishes me not to return after...say 8mths..is that grounds for abandonment and does that work for both parties involved?
3 Answers from Attorneys
Re: Thrown out
If the two of you are both seeking a divorce, and can agree to a division of your assets and property, the cheapest and fastest route is to file an uncontested divorce citing irretrievable breakdown of the marriage.
If you have any further questions, please feel free to contact my office.
Re: Thrown out
If you are asking whether this is grounds for divorce, the answer is, you ALWAYS have grounds for irretrievable breakdown of the marriage, and ALMOST always have grounds for conduct as being "cruel and abusive treatment." If you were asked to leave, you did not abandon, you avoided a restraining order (with any luck) by leaving, so the wife cannot realistically plead that.
Lay people get too concerned about the exact "grounds" for a divorce, as irretrievable breakdown is ALWAYS available (and is the finding most often entered). The conduct of the parties is still considered in property division. If you want the divorce, it is time to get a lawyer and file.
Re: Thrown out
Sort of. It is certainly a ground for initiation of divorce.
Remember the house is marital property, and one cannot throw a spouse out.