One of the reasons a spouse files for divorce is abandonment. The definition of abandonment in marriage varies depending on your jurisdiction. Here are some frequently asked questions about abandonment in marriage.
What's Needed to Prove Abandonment and Desertion?
To prove abandonment and desertion, either of the following elements of proof should be satisfied. First, one spouse must have physically left the other. This means they no longer cohabit together. In most states, the couple should have separated for a certain period to file for divorce on the grounds of abandonment.
Secondly, the abandoning spouse must have failed to support the other one financially. Also, the abandoning spouse should have refused to engage in sexual intercourse without reasonable grounds.
How Do Abandonment and Desertion Differ From a Separation?
Abandonment or desertion is where one spouse leaves the marriage without the intention of returning back. On the other hand, separation is a mutual arrangement between couples.
In many separations, the couples agree on how long to live separated and whether they will divorce later. They also agree on how to deal with crucial issues like childcare and finances.
What's the Difference Between Criminal and Constructive Abandonment?
Criminal abandonment arises when a person fails to care for or support their spouse or children without justifiable reasons. For example, when one's spouse is terminally ill, and the other one stops caring for them. The court may fail to grant your wish for a divorce because your spouse is dependent on you.
Whether the court grants your request for divorce will depend on whether you're in a no-fault or fault state. In a no-fault state, you can file for a divorce without having to justify your reasons. The opposite applies to a fault state.
Constructive abandonment arises if you can prove to the court that your spouse is making life unbearable and you have no option but to leave them. This means you need just cause like infidelity, refusing financial support, or domestic abuse.
How Do You File for a Divorce Based on Abandonment?
To file for a divorce based on abandonment, your divorce attorney will need to provide evidence to prove your reasons. You need to explain specific facts like how long ago the spouse left.
Furthermore, you should show the court that your spouse didn't communicate, and there was no reason for them to leave. Also, you need to demonstrate that your spouse is determined to end the marriage. Your divorce lawyer will instruct you on your state's specific laws and how they will affect your case. Contact a company like Gomez May LLP for more information.Share