- Wife says she dosent know if she can be a wife and a mother how to#
- Wife says she dosent know if she can be a wife and a mother movie#
In most separations, couples will communicate how long the separation will last, whether the separation will lead to a divorce, and how to handle important matters, like finances and childcare, during their time apart.Ībandonment or desertion are fault grounds for divorce, so if you live in a pure no-fault state, you can't use your spouse's desertion as a reason for the divorce. Separation, on the other hand, is a mutual decision between the spouses, or at the very least, one that a leaving spouse communicates to the other. Whether you call it marital abandonment or desertion, both are a result of one spouse leaving the marriage without communicating with the other and without the intent of coming back.
§ 9-12-301 (b)(7).) How are Abandonment and Desertion Different than a Separation? However, the court removes the 18-month requirement when you file for a fault divorce if you can demonstrate that your spouse willfully abandoned the marriage and failed to support the other. For example, in Arkansas, filing for a no-fault divorce requires the spouses to demonstrate that they have voluntarily lived separate and apart for at least 18 months before the court can issue a divorce. If your state also permits fault divorce filings using abandonment or desertion, the restrictions on time apart may not apply to your case. It's understandable that waiting any length of time is frustrating and, in some cases, impossible. In some states, filing a no-fault divorce may require that you and your spouse live separate and apart for a specific period of time. States like Alabama and Maryland allow spouses the option of filing a fault divorce using abandonment as a ground for their request. Some spouses may desire a fault divorce to "punish" the spouse who committed misconduct, but fault divorces are generally more expensive, emotional, and time-consuming than a no-fault divorce.
However, in some states, you can ask the court for a "fault" divorce, which is where one spouse alleges that the other's marital misconduct caused the breakdown of the relationship. In many states, no-fault divorce is the only option if you want to terminate your marriage legally.Īlthough each state defines a no-fault divorce in its own way, typically, the filing spouse must only demonstrate that there is a breakdown of the relationship without the possibility of reconciliation or that the couple voluntarily separated. In every state, divorcing couples have the option to file a "no-fault" divorce, which means that the neither spouse blames the other for the breakup, and marital misconduct doesn't play a factor in the divorce. How Do Abandonment and Desertion Relate to a Divorce? For example, if a wife moved out of the marital home with the minor children, without informing her husband, because her husband was an alcoholic and abusive to the family, the court is less likely to find the leaving spouse guilty of abandonment in a divorce. If you left the family because your spouse made it challenging to remain in the marital home, you might be guilty of constructive abandonment. It's important to understand that if you have children who are financially dependent on you, and you abandon them without support, some states can charge you with a criminal abandonment, in addition to allowing your spouse to use it as grounds for a fault divorce. You'll need to check local laws to determine the exact term and definition that applies to divorce in your state.įor example, in Alabama, if a spouse leaves home without the intent of returning, the court views that as abandonment, which can lead to the other spouse filing for a "fault" divorce after one year of the spouse's absence.
What Is Abandonment or Desertion?Įvery state has its own definition of abandonment or desertion, but generally, it means that one spouse leaves the family home and the relationship without communicating and without warning. Although it sounds like a fictional story, it happens, and it can change your divorce in very drastic ways.
Wife says she dosent know if she can be a wife and a mother movie#
We have all seen the movie showing a husband or wife coming home from a busy day at work to an empty house and a note from a spouse saying it's over.