Family Law Questions? Ask a Family Lawyer Online.
Thank you for using JustAnswer. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you.
Abandonment is just grounds for divorce. A court may grant a divorce in favor of one spouse if the other spouse: (1) left the complaining spouse with the intention of abandonment; and (2) remained away for at least one year.
So, there has to be an intent to abandon, which is not present in your facts. So, no, it is not abandonment if it is a negotiated separation.
Are you online with me?
---So if I leave for a period of time, should I do a legal separation in order to protect myself?--
Yes, a written separation agreement is usually a good idea to clarify the rights and obligations of the parties during a time of doubt and transition.
----My question is am I entitled to anything as far as the house is concerned?---
Since the home is titled to your wife prior to the marriage, you would likely be entitled to claim a portion of the appreciation in value during the marriage.
Did you have further questions? Have I answered your question?
I would recommend consulting an attorney. There is no reason to learn as you go with something this important.
If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspxIt is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.
If you have no further questions please remember to rate my service so that I am credited by JA for answering your question and also so that I may close the question.
There is no additional charge to you for a 5 star rating of my service.