QUESTION

If your wife leaves you for another woman and leaves you is that not called cheating and abandonment?

Asked on Jan 24th, 2016 on Divorce - Maryland
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9 ANSWERS

Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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Utah does not use the word "abandonment" as a ground for divorce, but does recognize "willful desertion of the petitioner by the respondent for more than one year; "willful neglect of the respondent to provide for you the common necessaries of life;" and when spouses have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation." These grounds are found in the Utah Code at Section 30-3-1(3), subsections (c), (d) and (j). Now on a separate but related point, even if you don't qualify to claim any of these as grounds for divorce, you can still file for divorce without alleging any kind of fault against your spouse. This is what the "irreconcilable differences" ground accomplishes. It means that you can get a divorce simply by wanting one you don't have to furnish a "reason" for seeking divorce. If you need or just want a divorce, neither the state nor your spouse can stop you.
Answered on Feb 26th, 2016 at 5:28 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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These terms are not legally significant. This is a no fault state (as are most states at this point). You can file for a divorce since the marriage is clearly over.
Answered on Feb 03rd, 2016 at 3:43 AM

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Family Law Attorney serving Lincoln, NE
Partner at GordenLaw, LLC
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I am sympathetic to your difficult situation. However, this is not a legal question. Nebraska is a no-fault state; therefore, the circumstances surrounding why you are separating/divorcing as you have described do not have any bearing on the legal outcome. You should speak with an experienced attorney right away to be sure you know how to best protect yourself and to fully understand yours and your spouse's rights and obligations under the law.
Answered on Feb 02nd, 2016 at 11:27 AM

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You could reasonably call it cheating and abandonment. But calling this miss behavior one thing or another doesn't help you in court.
Answered on Feb 02nd, 2016 at 3:56 AM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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It may be cheating and abandonment but it is irrelevant in California divorce law. If you want to file for divorce all you have to prove is irreconcilable differences.
Answered on Feb 02nd, 2016 at 3:56 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Sounds like it to me.
Answered on Feb 02nd, 2016 at 3:55 AM

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Divorce & Separation Attorney serving Menasha, WI at Petit & Dommershausen, S.C.
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Wisconsin is a no fault divorce state so those facts don't legally matter.
Answered on Feb 02nd, 2016 at 3:55 AM

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Business Litigation Attorney serving Los Angeles, CA at Gerard A. Fierro & Associates
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It might be called cheating and abandonment but there is no legal remedy for that. In California, you would still file for a no-fault divorce. If there is children involved the facts may be considered in custody and visitation determinations.
Answered on Feb 02nd, 2016 at 3:53 AM

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Yes, of course it is.
Answered on Feb 02nd, 2016 at 3:53 AM

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