Abandoned by Your Spouse?

November 13, 2009 by admin  
Filed under Divorce Law

Walking_the_BeachYou’re married, but have been living alone due to the abandonment of a spouse.  You wonder; how can I pursue a divorce from this person, since I have no clue where they are or how to find them?  Well, there are a couple of factors to consider:

-          Have you been on your own for over a year?  This is the time constraint put on abandonment by the courts of Tennessee and Mississippi.

-          Has the desertion been “willful?”  This means that the other party intentionally left you, rather than your leaving them with no ability for them to find you.

-          Have you truly exhausted all efforts to locate this person?  Calling family, friends, looking online on social networks like Facebook or MySpace, contacting employers, and other avenues are available to try to locate the person.  Chances are, they will be willing to complete a quick uncontested divorce if you do locate them, since you are both on your own already.

If you meet all of these factors, you are eligible to obtain a divorce on the grounds of desertion or abandonment.  You must next mail your spouse’s last known address with a “Return Service Requested” notation on the envelope, attempting contact – if it is returned to you, you have closed one door for locating them.  Next you must publish in the newspaper your need to find them.  If there is no response to this request, you have closed another door.

Now that you have been unable to locate them, you may file for divorce alleging abandonment.  The courts will require you to show proof of abandonment, which can be as simple as you offering your testimony, or can be more complex, such as requiring witnesses and more.  Rest assured, though, that there is a way to obtain your divorce if you’ve been deserted by your spouse!

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Comments

3 Responses to “Abandoned by Your Spouse?”
  1. Olivia Bowden says:

    What if your the party who had to leave a bad situation and the spouse will not allow you to see your children?

  2. admin says:

    Olivia,

    This is an extremely tough question and unfortunately one where I can’t give a good answer easily. In short it MAY be possible to get a higher percentage than the normal 50%. Each situation is unique.

  3. admin says:

    Olivia,

    I apologize for the previous response. It was meant for another poster.

    You do still have rights to see your children, most likely. However, the courts frown heavily upon spouses who abandon the relationship and leave their children in a “bad” situation.

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