What Happens if My Spouse Leaves With No Explanation in Atlanta?
You come home from work one day and discover that your spouse has left the family home, completely without warning. Perhaps you find a note from them explaining their decision. Perhaps not. Whatever the case may be, you might be unsure of what to do next. Should you file for a divorce? Should you wait for your spouse to return? Is this grounds for a fault-based divorce? These are questions you might want to raise with an Atlanta divorce lawyer.
Can You File for a Fault-Based Divorce on the Grounds of Desertion?
“Desertion” in Georgia is one of the accepted “grounds for a total divorce.” In other words, you can divorce your ex if they desert you. This is considered a fault-based divorce. However, “Desertion” has a specific legal definition in the context of a divorce and must be willful and continued desertion for the term of one year.
Therefore, in order to file for divorce under this ground, you must prove that your spouse has been physically absent and has not returned for at least a year. Waiting to meet this requirement could significantly delay your ability to proceed with the divorce.
Why You Might Want to File for a No-Fault Divorce Instead
Most spouses do not want to wait for an entire year before ending their marriage. If you feel the same way, you might want to consider a no-fault divorce instead of a fault-based divorce on the grounds of desertion.
No-fault divorces are generally simpler than fault-based divorces, mostly because you don’t need to “prove” any specific conduct to begin the process. Instead, you only need to state that your divorce is irretrievably broken.
If your spouse has truly disappeared, you might have trouble “serving” them with the divorce papers directly. However, this only delays your divorce slightly, and you can still end your marriage through an alternative form of “serving” your spouse. Specifically, if you are unable to track down your missing spouse, Georgia courts allow you to complete service by following a specific procedure for publishing a notice of your filing in the newspaper. If your spouse fails to respond to the service by publication, Georgia courts permit you to proceed with your divorce without their participation.
Will Desertion Give Me an Advantage in Court?
If your spouse deserted you, you may experience certain advantages during your divorce case. If you have children, your spouse’s decision to leave them behind without warning could reflect poorly on their parenting abilities. As a result, you may receive a favorable custody outcome. Desertion may also constitute a form of marital misconduct, which the court may take into consideration when determining how to equitably divide the assets of the marriage. However, this is not guaranteed.
Consider Filing a Missing Person Report
If your spouse has vanished without a trace, you may want to consider filing a missing persons report before moving forward with your divorce. Although you might assume that your spouse has left you, they may actually be missing. The authorities need to know if your spouse has disappeared without leaving behind a note or any explanation.
Can an Atlanta Divorce Lawyer Help Me?
If you have been deserted by your spouse, you should speak with a divorce lawyer in Atlanta about your next steps. While desertion is a legitimate ground for fault-based divorce in Georgia, a no-fault divorce may also be possible and preferred. To learn more about abandonment and divorce, contact Kaye, Lembeck, Hitt & French today.
Source:
georgia.gov/file-divorce
