Legal Question in Family Law in South Carolina
marriage and abandonment
If a couple is having problems and one spouse asks the other to give them some time by leaving the home how long can that spouse be gone before it is considered abandonment in the event that the asking spouse files for divorce
Asked on 1/18/08, 5:13 pm
1 Answer from Attorneys
Ben Stevens
The Stevens Firm, P.A. Family Law Center
Re: marriage and abandonment
The elements that must be proved to get a divorce on the ground of desertion are:
1. No cohabitation for one year;
2. Intent of person that left not to resume cohabitation;
3. Absence of consent by the other person; and
4. Absence of justification for the separation.
If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.
Ben Stevens
Answered on 1/21/08, 11:29 am
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