When applying for a divorce there has to be a valid reason for the parties to formally request dissolution of their marriage. Therefore, if you just wake up one day and decide you can’t be with your partner may not be a valid logic. The grounds for divorce can be dichotomized in to fault or no-fault divorce however, the content of this article will seek to enlighten its readers regarding Abandonment Divorce and the exact legal dynamics involved in the matter.
Abandonment or desertion divorces are one of the many grounds for requesting dissolution of the marriage and it generally means that one spouse decides to abandon the other for no specific reason. The spouse then starts living somewhere else and does not intend to return back to their partner. Although, state laws may have a different definition of abandonment or desertion and may vary in their methods of dealing with the divorce but the aforementioned definition is the most widely accepted one. Abandonment or desertion is often considered to be in the same category as no-fault divorces as some couple may just decide part ways after spending some time apart from each other but there are various implications in that regard.
In a no-fault divorce the proceeding are usually done in a manner that none of the parties are blamed of any wrongdoing in a marriage. However, some clients may still apply for an abandonment divorce that is not considered to fall under the no-fault category you must get your lawyer to prove the fact that it was your spouse, who wanted to end the marriage and there has been significant amount of misconduct on his part. Some states require the parties to present proof that shows your spouse’s intent and it may also be contingent upon the legal structure of the state when it comes to dealing with such cases of divorce.
In order to prove your spouse’s desertion there are certain things that must be taken into account to further strengthen your case, you need to present the proof regarding the physical absence of your spouse, their lack of support financially and their refusal to fulfill the spouse’s conjugal rights in the absence of a valid reason. As mentioned earlier, there needs to be substantial proof that shows the spouse’s intent and in this case there needs to be more evidence that shows more than their desertion.
As mentioned earlier, there should ample amount of proof that shows that your spouse left you without a valid reason and some states even require you to show that the other spouse actually made significant efforts to save the marriage. Another key element is the time that has lapsed ever since their abandonment and if the spouse has abandoned the other person for a long period of time and there is no room for reconciliation then the marriage contract becomes void but there is a condition that the abandonment should be continuous. Under such circumstances it is advisable for the client to reach a legal expert as soon as possible and get the best advice that fits the situation.