Facing a abandonment by a husband, who perhaps left for parts unknown, is both confusing and challenging. One issue you confront is how to file for a divorce under these circumstances, and who can file the petition to dissolve the marriage. Technically, your husband can still file for divorce. Nonetheless, in most situations when a spouse departs, the husband or wife left behind is the person who heads to the courthouse, according to "The Complete Divorce Handbook: A Practical Guide," by Brette McWhorter Sember.
Types
State laws permit you to proceed with one of two different types of divorce. Some states maintain statutes that permit both types of proceedings. No-fault divorce is the most commonly used divorce proceeding. In a no-fault divorce, you do not need to allege any marital wrongdoing, according to Cornell University Law School. You must simply allege that you and your spouse suffer from irreconcilable differences, and this can be demonstrated by the fact that your husband left you. A fault divorce requires an allegation of marital wrongdoing. Intentional abandonment is an example of the type of wrongdoing necessary to support a fault divorce case.
No-Fault Divorce Time Frame
Provided you meet residency requirements in your jurisdiction, you do not need to wait for a set period of time after your husband leaves to file for a no-fault divorce. Residency requirements ask for proof that you actually live in a particular state and county for a set period of time. Some jurisdictions maintain a residency requirement a short as a month in both the state and county. In other areas, a somewhat longer period is required.
Fault Divorce Time Frame
If you are going to use spousal abandonment as the grounds for a fault divorce, you must wait until your husband is gone for the minimum period of time required by law. A common time period is one year, according to "Nolo's Essential Guide to Divorce," by Emily Doskow.
Considerations
If your husband departs and you do not know where he has gone, you will need to take additional steps to obtain a divorce. Because the sheriff will not be able to serve divorce papers to him personally, you will need to publish a legal notice of your divorce in a local newspaper. The court clerk where you file the divorce case provides information and forms you can use to obtain a publication notice for your divorce case.
Expert Assistance
No matter the type of divorce you elect to pursue, laws and procedures associated with marriage dissolution are complicated. Therefore, seriously consider hiring a lawyer. The American Bar Association maintains resources to assist you in retaining an attorney. These resources include contact information for state and local bar associations. These organizations provide directories of attorneys in your area that practice in the family law arena.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- Cornell University Law School: Divorce Overview
- "Nolo's Essential Guide to Divorce"; Emily Doskow; 2008
