What if he's claiming desertion even though he knew I was moving?
There are many instances in which married couples choose to live apart. If one of you gets a job far away from home but you don’t want to uproot your family, you might make the decision to live separately. If one of you is in the military and is deployed or working in another state for a while, it might not make sense to move the entire family. If you are done with your marriage and you make the decision to move out of your home and into a new home all to yourself, it’s your right to do that. However, your spouse could decide to claim you abandoned him if you do this.
He could file for divorce on the grounds that you abandoned him, and you might not like to hear that this is what he’s saying about you. What’s important to remember is that it doesn’t matter what he says about the reason he wants a divorce if that’s what you also want. If he didn’t know you were moving out of the home and you simply left without telling him you were leaving, where you were going, and you broke all communication with him, it is desertion.
If he did know where you were going, then the story is a little different. If you told him you were moving out, told him where you were going, and you still see he’s looking to divorce you for abandonment, it might be a problem for you. You can call an attorney and discuss the situation, or you can let it go and handle it without much more than agreement to handle the divorce if that’s what you really want.
Should I fight this?
It’s up to you. If you are unhappy that he is claiming you abandoned him, you may contest his reason for divorcing you and fight for him to remove this from the record. If you have kids and he is saying you abandoned your family when you moved for work or even to end the marriage, you want to fight. Call an attorney because you don’t want someone labeling you as the kind of person who abandons your family.
If you have kids and he says you abandoned them, you might find the judge in your divorce case is less likely to issue full custody to you. The disertion charge might also affect the custody battle in other manners. This is when you know it’s time to fight the reason on the divorce filing.
Call an Attorney
It’s not always worth your time to fight about why you’re getting divorced or what he wrote on the paperwork when he filed, but it’s always important if it might affect your relationship with your kids. This is when you must have an attorney with ample experience in the divorce industry on your side. A good attorney can help you fight this accusation, change it, and move on from this marriage.
A good attorney can also help you determine when it’s worth your time and when it’s not. It’s not always worth fighting to change the wording, but you must know when to fight and when to let it go. Call an attorney and find out what’s best for you in your personal situation.