If your spouse has been away from your marriage, you should consult an attorney to protect your legal interests. People sometimes ask if they can have a divorce based on the fact that their spouse has left them. The simple answer is yes, but it may be difficult to prove.
In Georgia there are 13 grounds for divorce, 12 of which are fault grounds, meaning that the divorce is the result of one spouse’s behavior. O.C.G.A. § 19-5-3 . Desertion is the willful and continued desertion by either of the parties for one year. GA Bar. In order to have a fault divorce based on desertion, you must show that your spouse has been away from your marriage for 12 consecutive months and that they were away willfully.
This reason for divorce is not common because most people obtain a legal separation of divorce prior to a year long separation. Additionally, if spouses have been apart for a year they have likely already separated their assets and debts and an uncontested, or no-fault, divorce may be easier, quicker, and more efficient.
If your spouse has left your marriage contact our office to discuss your options for separation or divorce. 770.466.2700 Christine@Bechtold-Law.com