What is constructive abandonment in a divorce?
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What is constructive abandonment in a divorce?
Instead, constructive abandonment is generally defined as a willful failure of one spouse to fulfill the obligations of a marriage. Essentially, constructive abandonment means that, though he or she might be physically present, your spouse is mentally and emotionally absent from the marriage.
How does abandonment affect a divorce?
Abandonment 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. Laws \xa7 552.6) Some states do permit filing spouses to use a voluntary separation as a reason for a no-fault divorce.
Can you separate but not divorce?
You do not have to get a divorce when you separate unless you want to remarry, but staying married may affect your legal obligations. It is important to get legal advice if you are unsure of what you wish to do. To be able to get divorced you need to show that your marriage has ‘irretrievably broken down’.
