Crystal Wright | June 9, 2025 | Family Law
When one spouse walks out on the marriage and doesn’t return, the spouse left behind may feel abandoned emotionally and financially. In Georgia, this kind of situation can sometimes serve as the legal basis for ending the marriage through what’s known as an abandonment divorce. But how does it actually work, and what do you need to prove?
Let’s explore what abandonment divorce means under Georgia law and how it might affect your rights if you’re going through a separation.
Fault-Based Divorce vs. No-Fault Divorce in Georgia
Georgia allows couples to end their marriages in one of two ways: fault-based or no-fault divorce. A no-fault divorce doesn’t require either spouse to have done anything wrong. In those cases, you just have to say that the marriage is ending based on “irreconcilable differences.”
Abandonment falls under the fault-based category. That means one spouse must prove the other did something legally wrong, such as leaving the marital home without justification. In Georgia, this is specifically called willful desertion.
What Counts as Abandonment?
To qualify as abandonment for divorce purposes, a few key elements must be met under Georgia law:
- The spouse must leave the marital home
- The departure must be intentional and without justification
- There must be no mutual agreement to separate
- The abandonment must last for at least one year
So, if one spouse leaves home with no plan to return and no valid reason (like abuse or infidelity), that may be considered desertion. On the other hand, if both spouses agree to live apart, or the one who left had a good reason to go, it may not qualify as legal abandonment.
How Abandonment Impacts Your Divorce Case
Even though Georgia allows for no-fault divorce, proving abandonment could still matter in certain situations.
It may affect how the court decides some parts of your case:
- Property Division: Georgia courts divide marital property based on what’s “equitable.” If one spouse abandoned the other, the judge may give more weight to that fact and award a larger share to the spouse who stayed.
- Alimony: The court might be more willing to award spousal support to someone who was financially dependent and left behind without support.
- Child Custody: If one parent abandoned the family, that could factor into custody decisions. Georgia judges always focus on the best interests of the child.
Still, every case is different. Abandonment doesn’t automatically mean the other spouse loses everything. It’s just one piece of the overall puzzle the judge considers.
Do I Have to Wait a Full Year?
Yes. Georgia law requires the abandonment to continue for at least 12 months before it can be used as legal grounds for divorce. During this time, the spouse must not return or offer valid reasons for the separation. The clock resets if the abandoning spouse comes back, even for a short time.
If you don’t want to wait that long, you can still file for a no-fault divorce at any time and cite irreconcilable differences instead.
Contact the Lawrenceville Family Lawyers at Crystal Wright Law For Help Today
At Crystal Wright Law, we understand that every family is unique and are committed to helping you find the best solution for your situation. Our experienced family law attorneys can provide the guidance and support you need to make informed decisions. Don’t face these challenges alone. Contact Crystal Wright Law’s experienced family lawyers at (404) 594-2143 to schedule a free consultation today.
We serve all through Lawrenceville, Georgia, in Gwinnett County and its surrounding areas.
Crystal Wright Law
440 S. Perry Street, Suite 105
Lawrenceville, GA 30046
(404) 594-2143
