There are many different reasons or grounds for a divorce that will hold up in the eyes of the court. Simply telling a judge that you became tired of living with your spouse isn't good enough-- you need to have an actual solid reason behind your decision that has a basis in reality if you're hoping to be taken seriously. While many divorces happen due to simply stating "irreconcilable differences," there can be more pressing reasons for a spouse to pursue a severance of the marriage. One of the reasons for divorce that courts consider fault-based is that of abandonment or desertion-- the word to describe the situation that occurs when one spouse decides to walk away from their responsibilities within a family unit for any reason. There are some rules regarding what constitutes abandonment, though, so gaining an understanding of what those rules are and what can be considered for your situation is an important step in the process of moving forward:
The Factor of Time
While some people hoping to speed up the process of divorce and custody issues may be quick to jump on a situation and call it abandonment of the family, the truth is that not all absences can be immediately considered abandonment. In other words, telling a judge that your spouse hasn't been home for a month doesn't cut it-- keep in mind that some families who are still together may experience the same thing due to work schedules, and a month isn't technically out of the ordinary for some. The length of time required for a court to consider your situation an issue of abandonment differs from state to state, but many states require that the spouse is gone for at least a year.
The Factor of Children
Perhaps one of the most important factors in the issue of abandonment is when children are involved. If a court custody battle is looming (as most divorce cases involving children will have), abandonment can immediately solve custody questions immediately. If you've been acting in the parent role for a long period of time, solely providing for the needs of your child, it's unlikely that a judge will even take the time to hear arguments of your soon-to-be-former spouse. With the given evidence of desertion made clear, a judge can immediately grant rights to the parent who has remained and provided for the needs of the child without any further testimony on the matter.
The Factor of an Attorney
Keep in mind that every single situation is different, and even if you have had similar events happen in your life to another divorce case you're familiar with, that doesn't automatically mean you'll experience the same results. In order to get the best possible outcome for your family and your children moving forward, be sure to contact a knowledgable attorney like Kenneth J. Molnar Attorney who will be able to guide you through the specifics of your detailed situation.