When a spouse leaves a marriage, the party left behind may wish to file for desertion or abandonment. In the eyes of the law, desertion and abandonment are one and the same and, in order to file for a divorce using these grounds, certain conditions must be met. The marital relationship must be cut off and the person who left must have done so willfully or with the intent to abandon the other party. The abandonment must be malicious and willful, must continue for 12 uninterrupted months and there must be no reasonable expectation of reconciliation. A Divorce Attorney Fredericksburg can provide more information about filing for a divorce using these grounds.
Desertion falls into one of two categories. Actual desertion is when one party physically removes him or herself from the marriage. The spouse takes his or her belongings, leaves the residence and establishes a new one in another location. In this situation, he or she leaves voluntarily with no plans to return to the relationship or the residence, with the exception of picking up items left behind. A Divorce Attorney In Fredericksburg works with the spouse left behind to show this is the case.
In contrast, constructive desertion occurs when the behavior of one spouse is so despicable, the other party feels abandoned. This occurs when one spouse refuses to participate in the mutual responsibilities of the relationship. If one spouse obtains a job transfer and the other spouse refuses to move, this may be considered constructive desertion and the same is true of conduct which endangers the life, health, self-respect and safety of the spouse. The person doesn’t have to leave the home for constructive desertion to be proven by a Divorce Attorney Fredericksburg.
Both parties must be aware of the requirements of filing for abandonment or desertion. If the party who left returns home and, in good faith, wishes to give the relationship another try, the spouse who was abandoned or deserted needs to attempt a reconciliation. The key in this situation is ‘good faith’. If the spouse only returns to avoid alimony and child support, this is not good faith. Consult a divorce attorney to understand desertion and abandonment as defined by the legal system and how it may impact the dissolution of your marriage.
