When a spouse disappears from a marriage without explanation, it creates complex legal and emotional challenges. In Georgia, abandonment (also called desertion) occurs when one spouse willfully leaves the marital home for at least 12 consecutive months without justification or consent from the other spouse. This guide explains Georgia’s spousal abandonment laws and how Hobson & Hobson, P.C. helps clients navigate divorce cases involving marital abandonment.
What Constitutes Abandonment in a Georgia Marriage?
Under Georgia law (OCGA § 19-5-3), abandonment in marriage requires three key elements:
- The leaving spouse physically departs the marital home
- The absence lasts at least one year
- There’s no intent to return to the marriage
Constructive abandonment occurs when a spouse remains physically present but refuses to fulfill marital obligations through:
- Sexual abandonment (cessation of intimacy without medical cause)
- Financial abandonment (withholding support despite ability to pay)
- Emotional abandonment (complete withdrawal of affection/communication)
Proving Spousal Abandonment in Divorce Cases
To file for abandonment divorce, you must demonstrate:
- Exact date of departure through utility bills, lease agreements, or witness testimony
- Lack of communication attempts (phone/text logs, email records)
- Refusal to contribute financially (bank statements, canceled checks)
- No valid reason for leaving (evidence countering potential defenses like abuse)
Our attorneys use forensic financial analysis and digital evidence preservation to build strong abandonment cases. Pro tip: File a missing person report if your spouse’s whereabouts are unknown – this creates official documentation of disappearance.
Legal Consequences of Marriage Abandonment
| Abandonment Type | Potential Outcomes |
|---|---|
| Physical | Loss of rights to marital home under Georgia’s house abandonment laws |
| Financial | Court-ordered spousal support payments |
| Parental | Reduced custody rights for abandoning parent |
| Criminal | Possible charges if combined with child abandonment |
Abandoned spouses may claim:
- Primary custody of children
- Exclusive use of marital home
- Larger share of marital assets
- Attorney’s fees from abandoning spouse
Critical deadline: Georgia requires waiting 1 year before filing for divorce on abandonment grounds. Our team uses this period to strategically prepare your case.
How Hobson & Hobson Protects Abandoned Spouses
With 30+ years handling complex divorce cases, we help clients:
- Secure emergency financial orders for immediate support
- Establish temporary child custody arrangements
- Prevent asset dissipation through injunctions
- Negotiate favorable settlements without court
- Litigate aggressively when necessary
Our five metro Atlanta offices offer flexible consultations, including virtual meetings for clients dealing with sudden spousal disappearance.
Frequently Asked Questions
How long does someone have to be gone before it’s considered abandonment in Georgia?
Georgia requires 12 consecutive months of unexplained absence to claim marital abandonment.
Can I sue my husband for abandonment in Georgia?
While Georgia doesn’t have specific criminal spousal abandonment laws, you can file for divorce and seek financial compensation through family court.
What if my spouse left but still pays bills?
Regular financial support may negate abandonment claims. Consult an attorney to explore constructive abandonment options if emotional/sexual neglect exists.
How does abandonment affect property division?
Abandoning spouses may lose rights to the marital home under Georgia house abandonment laws, especially if absent for over 1 year.
Can I change locks if my spouse abandons our home?
Yes, after 30 days of unexplained absence. Document all property left behind to avoid abandonment of property claims.
Take Action Against Spousal Abandonment
Don’t face marital abandonment alone. Contact Hobson & Hobson, P.C. for a confidential case evaluation. Our family law attorneys serve clients across Georgia with offices in Marietta, Roswell, and Alpharetta.
Related Resources:
- Georgia Legal Aid – Divorce Basics
- State Bar of Georgia Family Law Section
- Georgia Courts Self-Help Guide
- Hobson & Hobson Divorce Services
- Contested Divorce Strategies
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.