When it comes to divorce and choosing the grounds for divorce, the topic of “desertion of marriage” comes up as a question for many spouses considering their options. Is it considered desertion of marriage if your spouse is still paying part of the bills? It’s difficult to answer that question without knowing the other circumstances of your relationship. Speaking with a qualified divorce attorney will help you to know for sure. In the meantime, keep reading for some facts about the desertion of marriage to help you better understand what it means.
The state of Georgia does not recognize abandonment as a divorce ground. However, if your spouse leaves you, the court will likely hold him accountable for the dissolution of the marriage. Typically, the law favors the spouse left behind. Sometimes the court will hold the spouse who left guilty of desertion, preventing him from receiving alimony.
Desertion means your spouse has departed the marital residence and is not returning. The state of Georgia states that if the spouse acts intentionally, maliciously, and intends to end the marriage, it is “desertion of marriage”. The state categorizes desertion in two ways:
- If your spouse leaves the home you share, it is desertion.
- If your spouse forces you to leave, it’s constructive desertion. In this scenario, even if the spouse has not left the home, he has mentally and emotionally left the marriage. In this case, the spouse may be treating you poorly and making the environment unsafe for you physically or mentally. It is also considered constructive desertion if your spouse refuses to engage in marital relations with you, because this signals an ending of the marriage.
Time Frame for Desertion of Marriage
According to Georgia law, the act of desertion must continue for a year before you can use it as grounds for divorce. This is true whether it is basic desertion or constructive desertion. However, if you wish to file for divorce stating “irreconcilable differences,” you can do it anytime.
It is more complicated if your spouse left and is still paying a portion of the household bills. The court will consider both spouses’ behavior and the spouse’s decision to leave. In this situation, working with a family law attorney will benefit you.
Most attorneys will advise filing on irreconcilable differences unless you believe your spouse will attempt to receive alimony. This is a more expeditious way of filing for divorce. However, every situation is different, which is not always the case.
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. We will give you the professional advice and support you need. To learn more about whether desertion of marriage applies to your situation, contact one of the Cumming, GA Reeder Law firm attorneys today.
