What You Need to Know About Spousal Abandonment in GA

If you are seeking a divorce in Georgia, you can either apply for a fault-based or no-fault divorce. The state of Georgia does recognize 13 fault-based grounds, one of which is abandonment (referred to in the law as abandonment). To claim spousal abandonment, certain criteria must be met.

If you have questions regarding spousal abandonment or any other issues pertaining to divorce, our Georgia family law attorneys are here to advise you accordingly.

Defining Spousal Abandonment

Georgia Code §19-5-3 defines spousal abandonment as “willful and continued desertion by either of the parties for the term of at least one year.”

Simply leaving your home does not necessarily constitute spousal abandonment. To claim abandonment, the following must hold true:

  • The spouse leaves the marital home without the consent of the other spouse.
  • The spouse who left must refuse to engage in marital relations, intending the move to be a marital separation.
  • The spouse who left must no longer provide financial support to the other spouse.
  • The spouse who left must have moved out of the marital home at least one year prior to the divorce filing.
  • The act of moving out must lack justification.

If your spouse moved out but is still paying the bills, it may be more difficult to convince a court of abandonment. In this case, you may claim that the marriage is “irretrievably broken,” with no hope of being repaired.

Benefits of Claiming Spousal Abandonment

To file for divorce in Georgia, there is no requirement that you have to do so based on fault grounds. However, claiming spousal abandonment may provide the following benefits:

Distribution of Marital Property

The court looks at certain factors when deciding how property will be distributed upon divorce. The Peach State divides marital property based on the properties of equitable distribution, meaning that assets are to be distributed in the fairest way possible. A major consideration is the financial contributions of each spouse. If a spouse has moved out, then he or she has contributed less financially to the marriage and risks receiving less property.

Child Custody Arrangements

If your spouse moved out but did continue financial and parental obligations to your children, then your spouse will likely maintain custody rights. However, in the course of determining a final custody order, the court does examine what environment gives the child a sense of “security and familiarity.” Therefore, the parent who stayed in the family home is more likely to be awarded primary custody.

Georgia Family Law Attorneys Dedicated to You

A divorce can be emotionally devastating, making you fearful of what lies ahead. If you are considering divorce or your spouse and you have separated, our legal team is here to help. To schedule your consultation, contact us online or by phone.