Can You File For Divorce After Abandonment And Desertion By Your Spouse?

We have all seen movies where one of the spouses leaves another all of a sudden. The story there may be fictional, but situations like these do take place in real life. If your spouse has left you without notice, or in other words, abandoned you, you can file for divorce for abandonment and desertion. 

If your husband or wife has abandoned you, you can seek help from  divorce lawyers and file a fault-based divorce on the grounds of spousal abandonment. 

What are spousal abandonment and desertion?

When your spouse leaves you without the intention of ever returning to the relationship, it is known as spousal abandonment and desertion. This means that your spouse has cut all ties with you- physical, emotional, and financial, without a valid reason. Moving out of the house or leaving before a divorce is finalized can also be termed as abandonment. However, if your spouse informs you about their relocation, that does not constitute deserting the marriage. 

According to Alabama’s abandonment requirements, your spouse must be absent from your home and your marriage for a year before you can start the process of the divorce. If the spouse returns and you start living with them again, even for a small period of time, the timer restarts. 

In some states, it is considered a criminal spousal abandonment to leave a marriage and house if they have financially dependent children. If your spouse has abandoned your children without financial support, you can use it as a ground for your divorce. 

How to file for an abandonment divorce?

You will have to file a petition for divorce in court on the grounds of abandonment. However, remember to check your state’s requirements and meet them before filing. For example, some states require you or your spouse to live in the state for a specific time before you can file for a divorce. 

When you file for divorce, you must mention the divorce grounds and state the facts, such as how long ago your spouse left the marriage. You may also need to wait for a specific time before you can file. As stated above, Alabama requires you to wait for a period of one year before you can file the petition for a divorce. 

Proving abandonment 

You need to prove a few things before the court can finalize your divorce. You will need to gather evidence that your spouse left you for a specific time. You must also prove that your spouse provided you with no form of communication or justification after leaving and that they have no intention of ever returning

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