Abandonment
When one spouse leaves the marital home without justification, without consent, and without intent to return. It can serve as fault-based grounds for divorce in many states.
Understanding Abandonment
Abandonment (also called desertion) typically requires that one spouse left voluntarily, without the other's consent, for a continuous statutory period — usually one year or more. The departing spouse must have had no justification such as abuse. Courts distinguish between physical abandonment (leaving the home) and constructive abandonment (refusing marital obligations like intimacy). Proving abandonment can affect property division and alimony in fault-based states.
Real-World Examples
A husband moves out of the family home and cuts off all contact for over a year, giving the wife grounds to file for divorce on abandonment.
State-by-State Variations
Required absence period varies: 1 year in most states, 6 months in some. No-fault states may still recognize it for alimony purposes.
Related Terms
A fault ground for divorce where one spouse refuses to engage in marital relations (typically sexual intimacy) without justification, despite the other spouse's requests.
Contested DivorceA divorce where the spouses cannot agree on one or more key issues — such as custody, property division, or support — and a judge must decide.
DomicileA person's permanent legal home — the state where they intend to remain indefinitely. Domicile determines which state's courts have jurisdiction over the divorce.
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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.