desertion in marriage
Separating as a way to evaluate the status of a marriage does not impact the legal rights of either spouse. Generally, the court provides that the plaintiff must show precisely what has been done to locate the missing person. Read the full disclosure in our terms of service. Although you may be granted a divorce, as part of the settlement, the court may rule that the sick spouse is financially dependent on you and you will be required to provide financial assistance through alimony. In most abandonment and desertion cases, you will need to prove that your spouse abandoned you for a specific period of time. Legally, minor children must be provided for. If your spouse has left you or forced you to leave the home, Reeder Law Firm is here to walk you through the process of filing for divorce step-by-step and will give you the professional advice and support you need. In fault-based states, failure to have sexual relations is often considered a fault ground. Suppose your spouse is abusive to you, has committed adultery, or has a chronic substance addiction problem. When a couple experiences marital problems, one or both of them may wonder if leaving the marital home constitutes spousal abandonment. For couples contemplating divorce, it’s important to know the difference between separation and abandonment.
However, they may not have formed this intention until they had been absent for a year. If you don’t have an address for your ex you can still start proceedings. As the plaintiff, you’ll need to show that the defendant left and has not met their financial obligations for the specified period required in your state. The length of this period varies between one and five years; it is most commonly one year.
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