More details to this question:
She works.... we have no intimate relationship...her decision.... 18 year old daughter at home and in college with a child.
19 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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No.
Answered on May 21st, 2013 at 2:11 AM
Family Attorney serving Renton, WA
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Law Office of Cornelia Clark
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This is a no fault state, so she cannot claim that. The court is not interested in why the marriage broke don't , unless the reason affects kids but in your case she is over 18 so its not applicable.
Answered on Oct 19th, 2012 at 7:18 PM
California is a no fault state and no reason for dissolution need be given beyond "irreconcilable differences".
Answered on Oct 19th, 2012 at 1:09 PM
New Mexico is a what is known as a no fault divorce state, which means that the court will grant a divorce on the basis of incompatibility alone and will not generally examine issues like desertion or adultery. This also means that the court will proceed with a divorce case even if one party does not want to get divorced. Please keep in mind that this answer is purely hypothetical and comes from a New Mexico legal perspective. Every case is unique and there is no substitute for seeking the guidance and advice of an experienced attorney.
Answered on Oct 19th, 2012 at 12:38 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Probably not. Desertion is a rarely used matter. But it does depend on the facts, barely any of which you have listed. You should hire an attorney. Assuming that it is a long term relationship and you were the main breadwinner, you could be ordered to pay alimony.
Answered on Oct 18th, 2012 at 8:53 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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We is a no fault state anyone can file and indicate that the marriage is irretrievably broken.
Answered on Oct 18th, 2012 at 8:42 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, desertion is a ground for divorce. Desertion requires (1) cessation from cohabitation, (2) intent on the part of the absenting party not to resume it, (3) absence of the opposite party's consent, and (4) absence of justification. Prior to any action or inaction, you should consult with a local attorney as soon as possible with regards to these matters.
Answered on Oct 18th, 2012 at 8:35 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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Desertion is not an issue in Ohio. However, if you leave and do not contribute to marital bills, she can file for divorce and ask the court for an order for you to.
Answered on Oct 18th, 2012 at 8:22 PM
Collections Attorney serving Ypsilanti, MI
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Collis & Griffor, PC
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Divorces in Michigan are no fault and with no kids under 18, I do not understand your concern with "desertion."
Answered on Oct 18th, 2012 at 8:20 PM
Michael Paul Vollandt
In California it is a no fault state and as Popeye sated, " It is all I can stands because I can not stands mo more" and that is all you need to have a dissolution of marriage.
Answered on Oct 18th, 2012 at 8:06 PM
Administrative Law Attorney serving Winter Garden, FL
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Channell Law Firm, P.A.
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Florida is a no-fault divorce state. Doesn't matter.
Answered on Oct 18th, 2012 at 8:06 PM
Steven D. Dunnings
In Michigan you don't need grounds to get divorced.
Answered on Oct 18th, 2012 at 8:05 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Desertion is not a valid ground for a divorce. However, she can get a divorce without your agreement.
Answered on Oct 18th, 2012 at 8:03 PM
Family Attorney serving Seattle, WA
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The Law Office of Kate M. Forrest, PLLC
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I'm not entirely clear on your question, but it sounds like you might be asking about grounds for divorce or factors considered in divorce proceedings. Washington is a no fault state; nothing has to be alleged except that the marriage is "irretrievably broken," and only one spouse has to allege that. If the other thinks the marriage can be saved, the court might delay entry of a decree and refer the parties to mediation, but it will not prevent the dissolution from happening (you can't force someone to stay married). Because it is a no-fault state, the court is not supposed to consider marital misconduct (e.g. adultery, or I suppose "desertion") when making its equitable division of assets and debts and deciding whether spousal maintenance (commonly referred to as alimony) should be awarded.
Answered on Oct 18th, 2012 at 8:00 PM
Family Law Attorney serving San Rafael, CA
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Warren Law Group PC
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Desertion is abandonment. If she knows where you are and you know where she is, it does not seem to be abandonment. California is a no-fault state. If the marital relationship has broken down and cannot be saved, either of you can get a divorce regardless of whether the other one agrees.
Answered on Oct 18th, 2012 at 7:56 PM
In California there is no fault. Irreconcilable differences is all that can be claimed.
Answered on Oct 18th, 2012 at 7:56 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Your wife can claim whatever she wants to claim. The question, however, may be "so what". In Colorado and most "no fault divorce" states, a claim of desertion or adultery or any other judgmental accusation won't have any effect on the outcome of the case.
Answered on Oct 18th, 2012 at 7:18 PM
Agriculture Attorney serving Fresno, CA
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The Law Offices of Tres A. Porter
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Desertion, makes no difference in California. California is a no fault state. If she wants to terminate the marriage, she can terminate the marriage. You do not need a "reason" other than irreconcilable differences. You should consult with a family law attorney as soon as possible.
Answered on Oct 18th, 2012 at 7:09 PM
The only grounds for divorce in Arizona are that "the marriage is irretrievably broken with no reasonable prospect of reconciliation." There is nothing else she could allege, and the court does not care about the reasons a person chooses to file for divorce.
Answered on Oct 18th, 2012 at 6:59 PM