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What constitutes abandonment of marriage?

On Behalf of | Oct 25, 2022 | Divorce

In many cases of marriage, there is a clear breakdown and legal path to separation and divorce. However, in other cases, the line between marriage and separation is not so clear. One of these cases is the abandonment of marriage, or when one spouse walks out on the other without necessarily saying they want to seek a divorce.

Here are a few of the things that constitute abandonment of marriage in Georgia.

A spouse leaving with no consent

Sometimes a spouse will leave the family home and reside elsewhere for reasons such as employment or to have a trial separation from their partner. This does not generally constitute an abandonment of marriage, however, as long as both parties consent to the separation. The key here is that with abandonment, only one party in the marriage agrees to the separation.

The separation lasts a year or longer

In Georgia, one of the factors involved in the abandonment of marriage must also include a separation lasting at least one year. This means that the spouses must be physically apart from one another during this time, with no communication between the parties.

The intention of leaving

For someone to consider a marriage abandoned, the spouse who left needs to have done so with no intention of coming back or trying to reconcile with their partner. This can still be true even if the spouses were previously getting along well.

By knowing what constitutes abandonment of marriage, a spouse can be better prepared to file divorce proceedings if they choose to do so.