When one spouse terminates a marital relationship by voluntarily leaving the other spouse with the intention of ending the marriage, and that separation persists for a legally specified period, it can form the basis for a divorce action. This action hinges on demonstrating that the departing spouse has been absent without consent or justification and with no intention of returning, typically lasting a year or more, depending on jurisdiction. For example, if a husband moves out of the marital home, ceases all contact, and provides no financial support for the statutory duration, the wife may pursue a divorce based on these grounds.
The significance of utilizing this ground for dissolution lies in its potential to expedite the divorce process, particularly when the whereabouts of the absent spouse are unknown or they are unwilling to cooperate. Historically, proving fault was a common requirement for divorce. Abandonment served as a clear instance of marital misconduct, simplifying the legal proceedings. Even in contemporary no-fault divorce states, alleging this can sometimes offer strategic advantages, such as impacting property division or spousal support decisions, depending on the specific laws of the jurisdiction.
