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What Is Marriage Abandonment in Georgia?

On Behalf of | Aug 9, 2019 | Divorce

Marital abandonment, also called desertion, is a legal ground for divorce in Georgia. The willful and continued desertion by either spouse for a year or more is considered abandonment and constitutes a sufficient reason for the court to grant a total divorce. Marital abandonment usually involves a spouse’s purposeful, unilateral decision to physically desert or leave his or her spouse. If you have been abandoned or deserted by your spouse in Georgia and would like to pursue a divorce, please review the information below and contact a Georgia divorce attorney as soon as possible to begin the divorce process.

The Consequences of Marriage Abandonment

A spouse will sometimes abandon his or her husband or wife if the marital home becomes volatile or intolerable. Other times, however, a husband or wife will abandon his or her spouse for other reasons. Regardless of the reason for leaving, abandoning one’s spouse can have legal consequences in Georgia if the deserted spouse decides to pursue an abandonment divorce. Intentionally leaving one’s spouse is grounds for a divorce based on abandonment in Georgia, and this can place the spouse who abandons his or her significant other at a disadvantage in court. Specifically, when one spouse can prove that his or her husband or wife left intentionally for one year, then the deserting spouse can be viewed as responsible for the divorce by the court. And generally speaking, courts don’t seek to reward the party responsible for causing a divorce. Rather, Georgia law allows judges and juries to punish the responsible party by denying him or her alimony or attorney’s fees.

On the other hand, for the spouse that was deserted, not only is it possible that he or she will receive alimony, but the court may consider the desertion when determining the amount of spousal support awarded. So, regardless of whether you have been abandoned by your spouse or forced to leave home due to reasons beyond your control, you must hire an experienced divorce attorney to represent you in court.

Contact a Lithonia Divorce Attorney Today

If you want a divorce in Georgia, you need an experienced Lithonia divorce attorney. At the law office of E.N. Banks-Ware, we will work diligently to ensure that you achieve the results you desire in your Georgia divorce. Our experienced Georgia divorce attorney, who is equally adept at managing highly contested divorces and negotiating amicable settlements, will be with you every step of the way as you begin this new chapter in your life. Also, when a satisfactory divorce settlement cannot be reached, we will aggressively pursue your interests in court. Therefore, if you are considering a divorce in Lithonia County or anywhere else in Georgia, please contact us today for a free consultation with our experienced Georgia divorce attorney.