Frequently Asked Questions

Divorce law can be a complex topic for those unfamiliar with the field. At the law firm of Fischer & Van Thiel, LLP, we have taken it upon ourselves to ensure that you are familiar with each issue that arises in a divorce.

Women's Rights

Expand allClose all

When can desertion be claimed in a marriage?

Craig’s Answer:

Desertion or abandonment is a term used when a spouse believes their spouse has left or essentially deserted the marriage. Desertion may be claimed if a spouse abruptly leaves the marriage without explanation, reasoning or notification. Due to the fact that California is a no-fault state, where a couple can divorce without proving any fault of either party, a claim of desertion may not make a difference. The desertion or abandonment by a spouse can be incredibly emotionally, financially and legally stressful for the party who has been abandoned. Although a claim of desertion is unlikely to merit grounds to file for an annulment, it will usually suffice for grounds to file for divorce, especially in a no-fault state such as California. Some states require a spouse to have abandoned his or her spouse for a minimum period of time. A period of a couple days usually will not suffice, however a couple of months is normally a sufficient amount of time. Complete absence for over a year is considered abandonment of the marriage and the home.  If you or someone you know feels they have grounds to claim desertion, you may want to speak with an attorney regarding your rights and the details surrounding your family law matter.