When filing for divorce, you will have to state a valid legal reason or grounds for the divorce. There are fault and no-fault grounds. Abandonment or desertion is one fault-based reason for divorce, meaning the spouse seeking the divorce must prove the other spouse's wrongdoing.

Abandonment or desertion generally means one spouse decides to stop living with the other spouse without a good reason, intends not to return, or that the marriage should end. State laws can vary somewhat on the definition of abandonment or desertion. Abandonment or desertion is included as a reason for divorce in most states with fault-based divorce.

Choosing Grounds: Abandonment or No-Fault?

Abandonment and desertion are closely related to no-fault grounds that allow divorce after a couple has lived apart for a certain period. Some states make a distinction between abandonment and desertion, which may require showing your spouse intended to end the marriage. In a no-fault divorce, neither spouse is blamed for the failure of the marriage. Contrast this to a fault-based divorce, which requires showing wrongdoing by one spouse.

Reasons for choosing abandonment or desertion instead of no-fault grounds may include:

• There could be a difference in the amount of time needed to get a divorce, depending on your state's laws
• The proof required can vary. For example, some states require you to prove desertion by showing your spouse's intent

Every case is different, and your divorce lawyer can help you choose what's best for your situation.

Proving Abandonment and Desertion

You'll need to prove the grounds for your divorce. You'll need to show how your spouse abandoned or deserted you, reasons for your spouse's actions, and that you've met the needed time requirements.

Actions Showing Abandonment or Desertion

Specific acts qualifying as abandonment or desertion vary under state laws. Examples include:

• Your spouse physically leaves you
• Failure to support you financially
• Refusal to engage in sexual intercourse without a good reason

Reasons for Abandonment or Desertion

Depending on state law, you'll likely have to show the reason behind your spouse's actions. You'll need to show more than the fact that your spouse left home.

The circumstances surrounding your spouse's absence should show your spouse didn't have a reason to leave and was giving up on your marriage. Some states require proof that the spouse seeking the divorce made attempts to save the marriage.

Time Apart Requirement

A key element in proving abandonment or desertion is meeting the threshold for the time your spouse has been absent, and this varies by state.

The time period begins when your spouse leaves your marital or shared home. Your spouse generally needs to be gone for a continuous period. If your spouse leaves, returns, and you reconcile for a time, and he or she leaves again, the clock starts over. You can't add two periods of separation to meet the time apart requirement.

Getting a divorce is never easy, and the uncertainty when your spouse is absent can add even more stress and frustration. Your divorce lawyer can help you make the best decision for your situation and you can move ahead with your life.

Questions for Your Attorney

• What type of proof do I need to show abandonment or desertion in our state?
• Is there a difference between abandonment and desertion in our state?
• What if my spouse left after I asked him to, and never returned? Is that still considered abandonment?

Related Resources on Lawyers.com^sm

- Contact a Divorce Law Lawyer in your area for specific legal advice, and read about Selecting a Good Family Law Lawyer
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