Can a 2-month consented absence be spousal abandonment in divorce with kids involved?

Question

I am a stay-at-home dad planning to proceed with a divorce. I have two children, aged 14 and 11. My spouse, who is the primary income provider, has consented to my absence for two months as I go out of town, with her planned care for our children while I am away. Given these circumstances, could this situation be considered spousal abandonment?

James L. Arrasmith · Answer

I'm really sorry you're going through this. Planning for divorce, especially when children are involved, is already difficult—and it’s wise of you to think through how your actions might be interpreted. You're asking a fair question, and it's good that you're trying to handle things with care and respect. 
 
In general, if both spouses agree to a temporary absence and there's clear communication, it is **not** considered spousal abandonment. Abandonment usually involves one spouse leaving without explanation or intention to return, refusing to support the family or communicate, and not fulfilling parental responsibilities. Since your spouse has consented to your time away and has agreed to care for the children, this situation would not likely be viewed as abandonment in a legal sense. 
 
Still, it’s a good idea to document your agreement—something as simple as a written statement or email confirming your plans and her consent. That way, there’s a clear record of your mutual understanding if anything is questioned later. You're taking a thoughtful approach, and it shows you're prioritizing your children and trying to be fair. That matters a lot in any legal process involving family.

Q: Can a 2-month consented absence be spousal abandonment in divorce with kids involved?