Abandoned marriage

In the United States each state determines what constitutes legal grounds. Check the laws of the state of residence to establish the legal interpretation.

For example, what constitutes Abandonment in Texas?

A Frisco law firm states on their website, "Abandonment can simply be when one spouse leaves the house with the intention to never return. Other factors can also influence the court’s decision, such as a failure to provide financial support or engage in sexual intercourse without justifiable reason. Instances of abuse and cruelty can also be taken into consideration in an abandonment case. In Texas you can file for divorce, stating abandonment as the reason, if your spouse left with the intention of abandonment and has been gone for at least one year. However, if a spouse leaves the house for safety or emotional reasons during a divorce, this does not constitute abandonment. If a spouse leaves the home and the state they are likely to lose their rights to custody."

Another example of variances: Maryland laws governing Abandonment

Maryland is a state with very specific requirements for divorce. If a couple intends to divorce in Maryland, they must live apart for one year or give a reason they should be granted a divorce. One common reason listed by Divorcenet.com is abandonment or desertion. To file for divorce on the grounds of abandonment or desertion in Maryland, specific requirements must be met.

Abandonment: One common reason for divorce in Maryland is abandonment or desertion. A spouse is considered abandoned if the other partner physically leaves the marital home without any intention of returning or continuing the marriage. It is also considered abandonment if one spouse voluntarily leaves the marital home for more than two years for any reason.

Constructive Desertion

Maryland recognizes a type of desertion other than physical desertion. According to DivorceSupport.com, a constructive desertion is when one spouse forces the other spouse to leave the marital home through intolerable behavior. This can include physical or verbal abuse, refusal of sexual intercourse, cruelty or other behavior determined to be constructive desertion by a court.

Missing Spouse

If a spouse has abandoned his or her partner and cannot be found, Maryland recognizes a default divorce. In this type of divorce, the abandoned partner can sign the divorce papers without consent of the missing partner.

[Lexus]

Generally there are two types of abandonment, when dealing with a spouse in court. The first is considered Willful Abandonment (this might be called something else in your state/location). This is where the spouse has left the domicile in which the couple resides, and does not return. The second is called Cosntructive Abandonment, where the spouse is not actually involved in the relationship anymore but may still reside in the domicile. Factors for this might vary from state to state, but generally would include lack of intimacy or sex, and lack of participation or performance of any other marital duties and responsibilities.

[jrenyaw]

My husband doesn't come home but to change his clothes and maybe take a nap during the day. I'm tired of it, how do I kick him out legally? I'm also a little afraid if I move his stuff out while his gone he'll get mad and trash the rest of the house. I don't want the police involved is there any ideas how I can end this peacefully?

[Friend In Court]

Originally Posted by jrenyaw My husband doesn't come home but to change his clothes and maybe take a nap during the day. I'm tired of it, how do I kick him out legally? I'm also a little afraid if I move his stuff out while his gone he'll get mad and trash the rest of the house. I don't want the police involved is there any ideas how I can end this peacefully?

This should be a separate post. If you want him out of the house, legally, you may file for divorce or decree of legal separation together with an order for sole possession of the home, pending the final decree.

If you fear he will be violent, when it comes time for him to pick up his things, have them boxed together in one spot, a third party present, and have him sign a receipt for his belongings. If you have a neutral third party there, that minimizes the chance of a scene and his taking out his rage on you.

My recommendation is that you see a family law attorney for consultation to file the divorce petition and for the appropriate orders.