What is Abandonment?
Abandonment and desertion both refer to a spouse who has moved out with no intention of coming back. It can be used as grounds for a divorce. It is one of the rare instances where you can be granted a divorce without the consent of your spouse.
What Constitutes Abandonment?
Each state has it’s own time requirement when it comes to abandonment. Other factors include failure to provide financial support of engage in sexual intercourse without good reason, cruelty and abuse issues.
It’s important to note that moving out of the house for safety or emotional reasons during a divorce does not constitute abandonment. However, a parent who leaves the state is likely to lose their rights in regard to custody of the children once the divorce is settled. If you must leave the home, it’s best to stay nearby where you can still have contact with the children unless you can prove that it is unsafe to do so.
How Do I Get an Abandonment Divorce?
If you have been abandoned by your spouse, you can file for divorce just like anyone else. The rules vary from state-to-state but it’s likely that a judge will require you to make a reasonable attempt to contact your spouse before giving judgment. This may mean taking out an ad in the paper or calling former friends and family members in order to track your missing spouse. A good divorce attorney can help expedite the process too.