QUESTION
How have I waited too long for abandonment or desertion divorce?
Asked on Dec 22nd, 2012 on Divorce - Arizona
More details to this question:
Three years ago, on a Friday night, she informed me that "The truck will be here tomorrow morning. I'm leaving you!" Have I waited too long?
13 ANSWERS
Divorce Attorney serving Southfield, MI
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Do It Yourself Divorce, PLLC
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Michigan is a no fault state meaning that issues of abandonment or desertion will not be considered in the grant of a divorce. These issues may be of concern in a property division but that is not the issue here. You are still married and that marriage will not end until a party files for divorce and that divorce is granted.
Answered on Jan 03rd, 2013 at 5:02 AM
You don't have to wait at all. California doesn't require desertion. You can file divorce right away.
Answered on Jan 02nd, 2013 at 2:33 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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Arizona is a no fault state. You can file for divorce and do not need to allege grounds like abandonment. As for getting property back it might be difficult given the time since you separated.
Answered on Dec 30th, 2012 at 9:04 AM
Child Custody Attorney serving Ontario, CA
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Law Offices of Sherrie L. Davidson LLC
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California is a no-fault state so there is no need for abandonment or desertion or a required time frame. You just need to file the paperwork whenever you are ready.
Answered on Dec 27th, 2012 at 4:27 PM
Dissolution in California is no fault. The issue you describe is irrelevant to the proceeding. You can file for dissolution in the county where you live provided you have been there at least 3 months.
Answered on Dec 27th, 2012 at 4:27 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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It isn't clear why you are even asking the question or what you mean by "waiting too long". There is no deadline limiting when you can file for divorce in any state. If you live in a state where abandonment/desertion is a legal ground for divorce, the continued "abandonment" has not ended, so it isn't too late to rely on it as a basis for divorce. In most states, however, abandonment/desertion is not the only ground for divorce and may not even be relevant to anything. You need to consult an attorney for a better understanding of how the law where you live applies to your factual situation.
Answered on Dec 27th, 2012 at 4:26 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You have not waited too long to be divorced. You might be able to claim abandonment, but why? Unless you want to get spousal support from her (which is unlikely anyway if you are working) or a greater portion of the community property, irreconcilable differences is sufficient.
Answered on Dec 27th, 2012 at 4:25 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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In CA there's no abandonment divorce. Just file based on irreconcilable differences.
Answered on Dec 27th, 2012 at 1:53 PM
Divorce & Separation Attorney serving Baton Rouge, LA
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George E. Downing, Jr. Attorney at Law
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You can get a divorce based on living separate and apart for six months with no minor children and one year with minor children.
Answered on Dec 27th, 2012 at 1:52 PM
Child Custody Attorney serving Milwaukee, WI
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Zales Law Office
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Wisconsin is almost no cause state. You can get divorced any time you want as long as it is "irretrievably broken."
Answered on Dec 27th, 2012 at 9:59 AM
Divorce is No Fault (irreconcilable differences). No reason or period of time is required before filing is required.
Answered on Dec 27th, 2012 at 9:41 AM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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WI is a no fault divorce state, you don't need a reason to file.
Answered on Dec 27th, 2012 at 9:40 AM
If you reside in Arizona, then there is no such thing as "abandonment" or "desertion" as grounds for divorce. Arizona is a no-fault state, so you only have to allege that the marriage is "irretrievably broken without reasonable prospect of reconciliation." I recommend you consult wiht an attorney to discuss this matter in greater detail.
Answered on Dec 27th, 2012 at 9:38 AM