What is Considered Abandonment in a Marriage in Utah?

What is Considered Abandonment in a Marriage in Utah?

According to Utah’s divorce laws, there are two types of abandonment:

  1. Physical abandonment
  2. Constructive abandonment

1. Physical Abandonment

According to Utah Code Section 30-3-1, abandonment or willful desertion occurs when one spouse deserts the other for more than one year. The abandonment must occur without consent or justification, and with the intent of not renewing the marital relationship.

Physical abandonment is considered sufficient grounds for divorce. That said, Utah is a no-fault divorce state and hence the abandoned spouse does not have to prove wrongdoing on the part of the other spouse to obtain a divorce decree. However, the abandoned spouse may allege and prove conclusively physical abandonment by the other spouse to get higher alimony and sole/primary child custody.

Physical abandonment or willful desertion occurs when one spouse walks away from home without justification, without communicating with the other spouse, and with no intention to return. The other spouse may be left to cope with financial and emotional upheavals. Utah’s laws state that if the period of abandonment exceeds one year, then it can be used as a ground for sole child custody and higher alimony. So, while the abandoned spouse can file for divorce within one year of abandonment and ask for alimony and child custody, Utah’s courts will consider higher alimony and sole/permanent child custody only if the period of abandonment exceeds one year.

Physical abandonment has a significant impact on child custody because when one parent leaves his/her child behind without communicating for more than 12 months, it legally implies, by default, that the other parent now has the de facto sole custody of the child. Later, when or if the abandoning parent returns and asks the courts for custody, he/she may find it very difficult to convince the courts that the child shares any bond with him/her.

In some states, physically abandoning a sick spouse or a minor child may be considered a criminal act.

2. Constructive Abandonment

When one spouse creates conditions that make it impossible for the other spouse to live under the same roof, then the spouse who is wronged may be forced to leave home – and in law, this exit is not considered as abandonment, but as constructive abandonment/desertion. Some examples of marital misconduct that can force a spouse to abandon the home include deliberate refusal by the spouse to engage in sexual relations, constant harassment, willful domestic abuse and violence, refusal to provide finances for running the home, change of home locks without giving the keys to the other spouse, withholding other basic needs of the home, etc.

Constructive abandonment has an impact on child custody for the abandoning parent if he/she allows time to pass, leaving the children in the custody of the parent who committed the marital misconduct. Ideally, the parent who is forced to abandon the marriage should seriously consider taking immediate steps such as filing for divorce, child custody, alimony, etc. If the abandoning parent delays in taking legal action, then the Utah courts will assess the parental fitness of both the spouses when the time comes to decide on child custody.

In both physical and constructive forms of abandonment, a spouse may have his/her parental rights terminated if he/she refuses to pay for child support or otherwise avoid contact with their children for 1 year or more, as specified in Utah Code Section 30-3-1, although, this is a worst-case punishment that rarely happens.

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About the Author: Keith Bruss
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I would give them 10 stars if I could. Clay was professional and super organized. He took the time to explain everything. I would highly recommend him for any family law needed. Melanie was a godsend. She not only kept me continually informed of the progress, she sent texts of encouragement and support throughout the entire process. I would give her 100 stars for going above and beyond to make this experience less stressful. Her encouragement and genuine caring were comforting and calming. The entire staff at Brown Law are on your side and if you are lucky enough to get Clay and Melanie on your team you will not be disappointed. Thanks! Mack M.
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Nathaniel was an incredible partner throughout the divorce process. He was organized, responsive and respectful of my wishes while simultaneously giving me guidance and advice. I would recommend him to anyone.
I couldn’t have made it through my divorce without Clay and his team! I am forever thankful for the hours and time spent with me to help navigate an extremely difficult time in life. They’re reliable, knowledgeable, and know how to get things moving in an efficient manner. Nothing but good to say here!!
Working with Daniel Young at Brown Family Law was a truly positive experience during one of the most difficult times of my life. From the start, Daniel was knowledgeable, compassionate, and incredibly responsive.
If you need a family law attorney who combines expertise with empathy, I cannot recommend Daniel Young enough. He is a true advocate and a credit to Brown Family Law.
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This 5-star review is for Nathaniel Garrabrandt at Brown Family Law. Nathaniel was just what we needed. He helped guide us with a level of professionalism, efficiency, and genuine care that made a real difference during a challenging time. He is always thoughtful and respectful, and he never makes you feel like just another case. His communication was clear (with regular check-ins), his advice was solid and uncomplicated, and I always felt that he had his client's best interest at heart as he made suggestions. I’m grateful to have had such a capable and compassionate attorney to work with. You hope you never need these kind of services, but when you do, you want the best... and someone with high integrity. Nathaniel truly deserves all 5 of these stars, in every way.
Russell Yauney was my attorney at Brown Family Law. Throughout the process, Russell and his paralegal Conor, were extremely helpful and patient. They were highly responsive, thorough, and most importantly: did not make me feel insignificant or embarrassed for asking clarifying questions. Russell made himself available and whenever he wasn't, Conor was. The Friday Phone Calls were reliable and I knew I could expect an update each week. The firm's texting abilities also made it easy to send a quick question/concern if I ever needed it. Russell was a fantastic attorney and guide to have throughout my situation. I highly recommend this firm.
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I highly recommend Nathaniel Garrabrandt and Brown Family Law. If you are going through a divorce and your parental rights are being falsely challenged they are a great option. Nathaniel and Brown family law are professional, very knowledgeable, and know how to navigate within the broken and biased Utah family law court system. They were highly communicative throughout the process. They can potentially save you a lot of time and money if lawfare is being waged against you.
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I recently engaged Andrew to review my divorce decree that was finalized in another state. He gave me excellent advice. I did not feel pressured to proceed one way or another. Instead, he gave me very reasonable scenarios to consider and allowed me to proceed down the path that felt most comfortable to me.
Clay Randle with Brown Family Law was excellent! I love the way the procedures with this company are organized. The attorney calls every Friday to check in with you so there’s no phone tag. Questions are answered very timely every week. Clay was very prompt in responding to emails. He was also great to “read the room” or the situation rather. Throughout the divorce, where grace was extended and healthy negotiation prevailed, he appeared to navigate the process in a calm and skillful way. I could see how he definitely had the capacity to respond in a more contentious, emotionally charged way if needed. He encouraged healthy boundaries with the splitting of assets and he understood both sides of what could happen if asking for a specific thing in the divorce. During a painful situation, Clay was able to crack some (tasteful) jokes and tried to keep a heavy situation feel a little less heavy. Couples seeking a divorce would be wise to choose Brown Family Law. They will be in great hands.
I wholeheartedly recommend Andrew Christensen to anyone facing a divorce or custody battle. His passion and thoroughness as a divorce and custody attorney are truly exceptional. You’d think his name was on the firm’s door with the way he handles business—pouring his heart and expertise into every detail, even though it’s not his firm! From our first meeting, Andrew went far beyond a typical consultation, taking the time to listen, understand my situation, and craft a strategy that led to a successful outcome in my custody case. His dedication, compassion, and meticulous approach make him stand out. If you need an attorney who will fight for you like it’s personal, Andrew is the one to call!
I absolutely believe that Brown Family Law is the best divorce attorney law firm in Utah. Attorney Ray Hingson did a fantastic job for me in a complicated divorce. He was there to guide me through the entire process. Ray touched base with me every week AND every time I called with worries or concerns. He handled things confidently and professionally. He took time to meet with me and explain everything so I could understand it. I felt like he really cared and wanted to do his best for me. His paralegal, Carren Leavitt, was also extremely helpful. All I had to do was pick up the phone and call her and she arranged a time for Ray to call me right back. She was always prompt and caring. I couldn't be happier!
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Nathaniel Garrabrandt and Brown Family Law is where I send people who are seeking Divorce. Highly professional and compassionate. Thank you!
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I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.
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At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.

At Brown Family Law, we know that when we make children’s well-being a priority, their parents do better, too.