WHEN CAN DESERTION BE CLAIMED IN A MARRIAGE?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: When can desertion be claimed in a marriage? If a spouse leaves home and takes all of his/her clothes without notifying the other spouse that he is leaving or their whereabouts, how long must that spouse be gone before it is considered desertion? Is there any advantage to claiming desertion in a marriage?

ANSWER: You needn't claim desertion in order to dissolve your marriage in California. All that is required is a generic claim of irreconcilable differences which led to an irremediable breakdown of the marriage, and that counseling or assistance from the court would not serve to reconcile the marriage. The only possible advantage that I can envision to claiming desertion is if he has abandoned his children and has not made any effort to visit, contact or support them, in which case, those facts can be presented to the Court on the issues of child custody and visitation.

This educational blog is brought to you by DONALD F. CONVISER, a Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Family Law and Divorce Attorney serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, responding to questions posed to him about Divorce and Family Law.