Posted by DivorceLine in Grounds for Divorce: Abandonment or Desertion
You may be able to file for divorce based on abandonment or desertion if your spouse left you and never came back. Abandonment or desertion is considered a traditional or fault ground for divorce. In the majority of states that allow fault-based divorce, abandonment or desertion is one of the reasons for divorce.
Many states have laws that allow a spouse to obtain a divorce because their husband or wife has abandoned or deserted them for a certain period of time. The time period varies according to the state where the spouse who files for divorce lives but it is typically one year or more.
Laws in each state vary, but generally abandonment or desertion is found when one spouse decides to stop living with the other spouse without having a good reason and leaves with the intention of not returning to the couple’s home or that the marriage should end. A few states distinguish between “desertion” and “abandonment.” Desertion requires an intent to end the marriage, but abandonment requires only the absence for a certain amount of time.
Abandonment and desertion are closely related to no-fault grounds that allow divorce after a husband and wife have lived apart from one another for a certain period of time. In a no-fault divorce, neither spouse is blamed for the failure of the marriage. No-fault divorces are allowed in every state and the District of Columbia.
Acts that are Considered Abandonment or Desertion
Specific acts that are considered to be abandonment or desertion vary under state laws. In addition to physical separation for a specific time period, some states consider failure to provide financial support for a spouse or refusal to engage in sexual intercourse without a good reason to be abandonment or desertion.
How to Prove Abandonment or Desertion
To get a divorce based on abandonment or desertion, you need to live in a state that recognizes abandonment or desertion as a reason for divorce and you need to prove your case. You will need more than evidence of your spouse’s leaving home. The circumstances surrounding your spouse’s leaving should show that your spouse did not have a reason to leave and that your spouse was giving up on your marriage and abandoning any marriage obligations. Some states require proof that the spouse who requests the divorce has made attempts to save the marriage.
Time Apart Requirement
How much time must pass after your spouse leaves home for your state to recognize it as abandonment or desertion varies by state. The time period begins at the time your spouse leaves your marital or shared home. If your spouse’s absence is interrupted by a period where you get back together, followed by your spouse leaving a second time, the reconciliation usually means that the two periods of separation cannot be added together to meet the time apart requirement.
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