Legal Question in Family Law in California

What Constitutes Desertion?

I was married on March 1, 1998 to a Canadian, and we submitted Legal Permanent Residency and Employment Authorization forms to the INS around June 98, (Permanent Residency not yet granted, Employment Authorization has been granted).

My wife left the area with her son, (my non-adopted stepson), on February 27, 1999, taking all of his possesions and funiture, and some of her own furniture and all personal belongings, citing the need to think about our relationship, hence a separation. I know that she is in the New Orleans area, but she has not given me an address where she is staying, only a friend's address, and has given me a pager number to use if i need to get in contact with her. We do speak, but i am not permitted to speak with my stepson.

My question is this: if i choose to file for divorce, do her actions constitute desertion?

And if i were to prepare a simple marital separation agreement, which she signs, does this negate desertion?

Also, since we were legally married and cohabitating for less than a year, what are my obligations for support? She had been working but quit her job in January. I am also paying spousal and child support to a previous spouse.


Asked on 3/14/99, 7:21 am

1 Answer from Attorneys
Jed Somit Jed Somit, Attorney at Law

Re: What Constitutes Desertion?

I do not know why you need to prove "desertion". California does not require any grounds for a

termination of marriage except that irreconcilable differences have arisen which have caused a breakdown

of the marriage. If you state this, no questions are asked as to what the differences are, or what caused the

marriage to fall apart. No property rights are affected by fault under California law.

You may have some liability for spousal support, but my best guess is that given the short nature of the marriage,

and her own steps in lessening her income, no spousal support, or support for only a few months, would

be granted.

You may have a right of visitation with your stepson, if the relationship was important to him.

Jed Somit

Jed Somit, Attorney at Law

1440 Broadway - Suite 910


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Answered on 3/30/99, 1:42 pm


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