On an almost daily basis, clients and potential clients say to me, I can’t move out of the house because that’s abandonment, right? I recently spoke at a CLE for other attorneys, most of whom do not primarily practice family law, and some of the attorneys even harbored this misconception. Many people believe that you can forfeit your interest in the marital homeplace by moving out.
Ala. Code §30-2-1 lists several grounds for divorce, including the following at part (3): For voluntary abandonment from bed and board for one year next preceding the filing of the complaint.
As you can see, simply moving out of the marital home when divorce is imminent does not meet the definition of abandonment under this statute. That being said, there are many factors to consider when making the decision to move out, including but not limited to payment of household bills and custody of children, so it is essential to seek legal advice on your specific situation prior to packing your suitcase.