What is considered to be abandonment?

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What is considered to be abandonment?

My husband left our home 11 months ago to go to IL in hopes of finding a job to support our family. He kept in touch for about 2 months, then he changed his number. I have no address and no way of contacting him. In 15 days it will be a year since he has gone. What do I do?

Asked on August 16, 2011 Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for you.  In Pennsylvania there is a fault based ground for divorce based upon the facts you have stated here.  According to the law there, the court may grant a divorce to the innocent and injured spouse whenever it is judged that the other spouse has Committed willful and malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years. Your problem is going to be serving your husband.  The court can not make a determination regarding your husband unless they have jurisdiction over him.  So you are going to have to have him served probably by publication after submitting an affidavit of due diligence.  This is a lot to take in.  Please take a deep breath and find a legal aid or women's services agency to help.  If you have kids they need to be cared for too.  If he is working and his social security number is the same then he can be tracked down and made to live up to his obligations.  Good luck.   


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