An abandonment divorce is recognized in all states and allows a spouse that has been left by the partner to file for divorce on the grounds of abandonment. In some states this is known as a desertion divorce and can be filed within a specific period of time of the spouse leaving and not returning. Desertion is separate from abandonment in other states that define desertion as the intent to live apart without attempting to reconcile but with the intent to end the marriage.
How is Abandonment Defined?
There are several ways in which abandonment can be defined as it pertains to a marriage relationship. The most evident and common is a physical separation that lasts beyond a specific time. For some states this is one year while others it may be a longer time period but typically not more than two years.
Another type of abandonment can include a failure to provide for the spouse financially. This could include refusing to work or failing to provide income for the family or spouse if the individual does have a job. A less common type of abandonment can include refusing to have a sexual relationship with the spouse for a specific time during the marriage relationship.
Abandonment has to occur without your consent or request and without any further financial support or contact. In addition you cannot have created the situation that caused the spouse to leave.
Is an Attorney Necessary?
It is very important that an attorney be consulted prior to filing for divorce on the grounds of abandonment or desertion. Your attorney will have to prove to the court that the other spouse left without cause and without an attempt to reconcile the relationship. This is not easy to legally prove and typically includes being able to document issues such as:
- Quality of the relationship before he or she left
- Your willingness to attempt to reconcile the relationship
- Their refusal to reconcile
- Their intent to abandon the relationship
- Actual time that you have been separate and apart
Having legal representation to document these issues will be essential in obtaining an abandonment divorce. Knowing the laws in your state as well as what the courts are looking for to prove abandonment is important to have your divorce granted quickly and allow you to get on with your life.
