How Do I Prove Abandonment?Saturday, June 1st, 2019, 12:30 am
If your spouse has left you, you can cite abandonment as the reason you want a divorce. However, you then have to prove that your spouse has truly abandoned you, and that can be more difficult than you may think. This is especially true if your spouse decides to fight the divorce. If you’re trying to prove abandonment, here are a few things to consider.
You Have to Prove Three Things
In most states, abandonment has to be proven in three ways: first, that your spouse has been gone from your home for a period of at least one year. Second, that your spouse has no intention of returning and left as a way of ending your marriage. Third, you have to show that you didn’t consent to ending your marriage. It’s not easy to do, which is why many people cite other reasons for their divorce.
Proving Your Spouse Has Left
This is often the easiest thing to prove. You can call witnesses to testify that your spouse lives elsewhere, including their landlord, the utility services, and anything else that can be used to establish that your spouse has a different address. You can subpoena a copy of their lease and their utility bills. You could even hire a private investigator to take pictures of your spouse at their new home.
Next, you must prove intent. You can do so via testimony or a deposition from your spouse. You can also submit testimony from friends, work colleagues, and others who may be able to testify that they have heard your spouse say things that indicate they are done with your marriage.
Proving Your Spouse Left without Your Consent
You may think that this would be the easiest point to prove, but often the court wants more than your word. If you can show that you and your spouse had a trip planned or were preparing to make a large purchase together, it can help. For example, if you bought tickets for an event months ahead of time or if you had pre-purchased a vacation, this can be proof that you had no intention of the marriage ending but your spouse did. If you’ve texted or emailed your spouse asking if you could go to therapy or work on the marriage, this can also be submitted.
If you need help determining if abandonment is the right basis for your divorce, contact the experts at FK Law Group today to discuss your case.