My husband abandoned me for over a year, how do I go about filing a Divorce?

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Question:

I have been abandoned by my spouse for 1 year, don't know his phone number and address, would like to file the publication divorce. Is this a grounds for divorce? How do I proceed?

Answer:

Depending on the state you live in, there are certain laws and statutes surrounding the time line of Desertion & Abandonment. Some states allow you to file a divorce if your spouse disappears for at least 1 year; some allow the abandonment duration to be even shorter or longer. There are two types of filings for a case of this nature:

1. Actual Desertion – The spouse packs up all their things, and voluntarily leaves and begins living elsewhere with no intention of returning. He or she will then be guilty of actual desertion.

2. Construction Desertion – In this case, you can be the one deserting your spouse due to their behavior becoming so cruel and damaging that it is directly interfering with your health and life.

In either type of Divorce filing, there are time lines and legal procedures that vary from State to State. There are also other factors to take into consideration such as separation of assets, custody, and child support if there is any sharing of property or children present. It would be advisable to contact a Divorce Attorney to help you through this as the laws can be complex and confusing for most people to file this type of Divorce on their own. Please read the following articles for more information.

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