Legal Question in Family Law in Georgia
husband and wife have been married for 30 years wife desires husband to leave and to find another residence while wife remains in home can a husband leave and this not be considered abandonment? Would a legal notarized document signed by both parties and a notary be sufficient to conclude that no abandonment took place, by doing this it was only to help save the marriage?
2 Answers from Attorneys
Not sure what your question is. Child abandonment is a crime. Desertion is a grounds for divorce, but it must be for an extended period of time. Any agreement signed could be used as evidence of the parties intent. Sounds like you just want to separate and cool off so you can work on the marriage.
Abandonment means you leave, provide no support and it is for an extended period of time. Don't know what the financial issues are, such as, can your wife afford to remain in the residence without your assistance? Cannot be abandonment if you are providing assistance. I suggest you speak with an attorney and get advice on how your actions during this time could impact you should either of you decide to seek a legal separation or divorce. Hopefully your wife just needs some time to work things through. If you do not want the separation, it may help to participate in marriage counseling.
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