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Most people do not imagine how their lives could take a wrong turn after marriage. After all, the whole reason for marrying is because they are in love. But things are not always rosy after marriage, resulting in some spouses walking away from their marriage.
When one spouse leaves a relationship or a family home and fails to return, the remaining spouse can file for divorce on abandonment or desertion grounds.
What Qualifies As Abandonment?
The definition of abandonment and desertion can vary by state. It generally refers to the action of one spouse leaving a home or relationship either financially and/or physically without warning or communication. If you are looking to file for divorce on the grounds of abandonment or desertion, you may want to refer to your state’s definition of the terms to establish if you have valid grounds.
A spouse may choose to leave for several reasons—for example, if they get involved in another romantic relationship, or it becomes intolerable to live with the other spouse. “In some instances, a spouse will walk away to create a reason for a divorce if they can’t get it any other way,” said Attorney Tammy Begun of Capital Family & Divorce Law Group.
Actual and Constructive Abandonment
There are two main types of abandonment; actual physical abandonment and constructive abandonment. actual physical abandonment can occur when a spouse abandons their home and fails to meet the financial obligations owed to their family.
A party can also choose to leave a relationship because the other party makes life unbearable, leaving constructive desertion as their only reasonable option. Desertion that occurs under these circumstances is referred to as constructive abandonment.
If you are filing for a divorce on the grounds of constructive…
