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Could I claim Abandonment as a reason for divorce?
Nearly eight months ago my husband up and left. Luckily we don't have any children. His reasons varied. We've been civil for most of the eight months he's been gone. He says he'd come back home if things change at home, meaning I bend over backwards to please him. I'm not sure if I want him back now, I've been hurt by this. He has been living with one of his friends since this started. If If I can claim abandonment what does that do if anything for me? Are there legal reasons people claim abandonment? I'm not looking for alimony or anything. One asset I'd like to protect is that just prior to him leaving I took out a mortgage. I purchased half of the house we live in. Reason was to try to build equity first then buy the other half within 2 yrs. I'm strapped for $ now, since he pays nothing. Is there anyway to protect that? Any advice helps.
BTW - we live in Pennsylvania

2006-12-20 03:51:13 · 3 answers · asked by obailey2007 1 in Family & Relationships Marriage & Divorce

Most of his belongings are with him. He still has some furniture, weight sets, skiis etc still at the house. Pretty much everything he doesn't want to clutter up his friends' place.

2006-12-20 04:02:41 · update #1

Also, the other day he said he's "married" and therefor he's a home owner. Again he hasn't paid any of the mortgage. The mortgage is in my name, not his, because I wasn't able to get a loan if his name was on it, he has horrible credit, and doesn't claim income so it looks like he doesn't work.

2006-12-20 04:05:20 · update #2

3 answers

For all practical purposes, desertion and abandonment are one and the same. .There are two elements that have to be present in order to constitute desertion: the willful desire or the intent to desert and the cutting off of the marital relationship. In Pennsylvania, the abandonment has:

continued for 12 uninterrupted months;

must be deliberate and final;

beyond any reasonable expectation of reconciliation.

There are two types of desertion-actual desertion and constructive desertion.

2006-12-20 03:54:10 · answer #1 · answered by pikachu 5 · 0 0

Forget abandonment. Did you ever hear of no-fault divorce? Nobody is at fault. There easy and quick. I won't hesitate to seek one. If he had any intention of coming back to you, don't you think he would of come home by now. Don't rely on false hopes. Get the ball rolling and see what happens.

2006-12-20 12:27:35 · answer #2 · answered by seahorse 4 · 0 1

in most states, "no fault" laws are in place. generally, you do not have to have "grounds" for divorce. as for the house, talk to a lawyer. it seems to me that if hubby wanted his half, he would have to buy it. good luck.

2006-12-20 11:59:25 · answer #3 · answered by sinned 7 · 0 0

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