Press enter to begin your search. Close Search. By jacobsonfamily December 18, Agreements , Divorce. In most abandonment and desertion cases, you will need to prove that your spouse abandoned you for a specific period of time.
Additionally, be prepared to demonstrate to the court that your spouse refused to communicate, there was no justification for leaving, and that your spouse intended to end the marriage and not come back. For example, if you file a desertion divorce in Georgia, and your spouse left due to domestic violence only six months ago, the judge will dismiss your case. You must prove that your spouse left at least 12 months before filing and, when doing so, did it willfully with intent to desert you.
Most divorcing couples have the opportunity to discuss child custody arrangements legal and physical custody during the divorce process. However, if you're going through a divorce where your spouse abandoned you and your children, negotiations are often impossible. If your spouse left you and the children without support, the court might favor you for sole or full custody in the divorce.
However, in every divorce case involving minor children, the judge will evaluate the children's best interest , including whether either parent abandoned or deserted the children when deciding how to handle custody and parenting time.
It's a common misconception that if you leave your marital home before filing for a divorce, you automatically give up your rights to the marital estate. Instead, the court will evaluate each divorce on a case-by-case basis before splitting marital property or deciding alimony. For example, during property division evaluations in Michigan, judges evaluate a specific set of factors, which includes the past relations and conduct of the parties and general principles of equity.
Simply put, if you leave your spouse and stop all financial support, the court may award your spouse more of the marital estate to make-up for your failure to contribute. Sparks v.
Sparks, Mich , NW2d For spousal support, judges in Michigan may consider either spouse's marital misconduct for example, wasting marital assets on gambling or an affair , and general principles of equity, but the ultimate alimony award, if any, must be fair and equitable.
If you would like more information on property division, alimony, and abandonment in your state, contact an experienced family law attorney. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
If your spouse has accused you of abuse or adultery, then the court would also consider this to be a good reason and desertion would not be the first choice of grounds for divorce — your solicitor will be able to advise you depending on your circumstances. The intention of your spouse is important. The court needs to be satisfied that when leaving they intended to abandon the marriage.
Any evidence you can gather to help show that will assist your case. Text messages, e-mails or other such communications can be used to help show their intention. While not conclusive proof, it will be helpful to show to the court that your spouse has lived apart from you for at least two years. You may find it useful to keep a record of household bills in your sole name. You could also provide bank statements to show that no financial commitments, such as transfers to your bank account or payment of rent or mortgage, were being met by your spouse.
As part of the divorce process, your spouse is normally sent the divorce petition in order to give them an opportunity of responding if they wish to do so. This step ensures a court knows fair process has been followed.
The petition is normally sent via post but it can also be sent in different ways, such as being delivered by hand. Wishing that your spouse would just walk back in the door at any time is not healthy either. You are free to forgive and forget if you want, but if your spouse did it once, they could do it again at any time.
This is also no time to deny your feelings or try to be a tough-it-out hero. If you need help, get help. Find a therapist who can help bring a sense of relief to your new reality.
Online therapy can be a great, convenient option. Sites like BetterHelp let you choose from thousands of licensed therapists at affordable rates. You can get started with BetterHelp here. When a parent commits abandonment, it may give the remaining parent a big upper hand when it comes to child custody issues.
This assumes the remaining parent is free from violent or abusive tendencies, or other negative behaviors that are not in the best interest of the child. If you are the remaining parent, as soon as the appropriate time frame has passed to claim abandonment, you should file for primary physical and legal custody. You never know when the abandoning spouse will return, and you want to be prepared when they do. You do need to understand that spousal abandonment is not the same as child abandonment, although one frequently accompanies the other.
But courts also expect parents to honor their obligations as well. Legal custody issues will need to be addressed regarding decisions about medical care, schooling, and other important life issues. In some cases, a parent may want to go to court to prove abandonment, seeking the termination of parental rights.
This might be the case if a step-parent is seeking to adopt the child. Normally, both biological parents must agree to the adoption. Friends and family members may be able to take some of the burdens off of you. Getting divorced is a lot easier than it used to be. In the past, most states required that you state a specific reason for getting a divorce including abandonment. But now, all states recognize no-fault divorces. You may get more favorable terms in a division of assets, alimony, or in other parts of your divorce where courts have discretion.
The drawback with claiming abandonment is that you are usually required to go through a defined period of abandonment typically one year before you can file for divorce. Most states have a much shorter timeframe for finalizing a no-fault divorce.
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