The abandonment is the act and the result of leave: leave someone or something, give up a right or breach a legal obligation to another individual. Home, meanwhile, is the domicile or dwelling shared by a group living together.
The concept of abandonment of home is linked to the fact of leaving a house, leaving the rest of the people alone. The notion is used in the field of law with reference to what happens when a member of a marriage leaves the shared residence without just cause.
The law establishes that the couple united by marriage must develop a stable coexistence. If one of the people leaves the house for a long time and without justified reason, he will be violating the fulfillment of one of his marital duties and, thus, committing a crime.
From the legal point of view, the dissolution of coexistence requires that the person who intends to leave the house approach a court to detail the reasons for his intention. In this way, the separation of the marriage begins to be implemented and the person can move away from the home without their action being classified as abandonment of the home. Another option is for the two members of the marriage to file for divorce by mutual agreement.
Let’s take the case of a man who has a secret parallel relationship and, one day, decides to leave his wife to go live with the lover, without a divorce petition. The subject’s wife, in this situation, can denounce him for abandonment of home.
Specifically, it must be stated that it is considered a crime of abandonment of home when you leave the family home and does not maintain its duty to contribute to its maintenance. By this we mean both dealing with the payment of mortgages, for example, and the support of your spouse or the children they may have.
However, in addition to those stated, we have to establish that there are exceptions that determine that whoever has left does not commit the aforementioned crime. Thus, it is determined that he does not fall into it if he has had to leave because he was a victim of domestic violence by his partner.
In addition, it will not be considered as such if, within a maximum period of 30 days from the date of departure, it bets to file a petition for divorce with the relevant judicial authority.
In the same way, it must be clear that one spouse can denounce another for a crime of abandonment of home, even if they live in it. It can do so at the moment that it completely neglects its obligations, refusing, for example, to contribute to the support of minors, bringing with them that they are in a precarious situation. Precariousness because they do not have the necessary clothes, food or hygiene.
Precisely for all the above, whoever wants to leave home and end their relationship, what they should do as soon as possible is put themselves in the hands of a lawyer who is an expert in the matter who can advise them in the proper way.