Marriages can come to an end in a number of different ways. Sometimes they come to an end because of a spouse either deserts on abandons the spouse. The State of Georgia does provide a method for the marriage to be dissolved in the event there is a scenario where a spouse has left the marriage or abandoned the other spouse without going through the formal divorce proceedings.
What is desertion in a marriage? Essentially it is when one spouse leaves the marriage without consent. The criteria for proving divorce in many states comes down to establishing the spouse’s absence from the marital home, that he or she left with the intention of ending the marriage and that they did so against your will. For many judges, the best form of evidence is the amount of time that the spouse has been absent from the marriage. Of particular note is that there is a time frame, typically a year, in which the Court will want to observe prior to hearing an action for divorce based on abandonment. One of the unfortunate side affects of abandonment of the marriage is child abandonment. This does not extinguish the spouses obligations toward spouse that has been abandoned or the child.
The abandoned spouse has rights and can use the legal process to ensure that their interests are protected. Issues such as alimony, child support, child custody and division of property still have to be resolved through a legal process. Even in instances where there are no marital assets or children there may be difficulties locating the other spouse and concluding the formal legal divorce. Ultimately, most divorce and family law attorneys advise proceeding with §O.C.G.A 19-5-3’s provision which provides that the marriage is “irretrievably broken”. This provision takes less time to prove and overall provides a faster resolution than an abandonment action. If you are considering a
divorce or have other custody, alimony or modification related issues contact the Faucette Law Firm today for consultation.