Q: Can my husband divorce me for abandonment when he is the one who abandoned us?
We have been married for 23 years. Last May we were having trouble paying for our house. I found a cheaper place to rent and we agreed that I would move there with our children while he spent a few months fixing up the original house to sell. We were still together as a couple, going out together, sleeping together, and he stayed every weekend at the new house.
Then in February he said he was going to visit his parents out of state and never came back. He said he’d been unhappy for years, had quit his job, and that I abandoned him by moving out.
Can he divorce me on grounds of abandonment? I feel like he was the one who abandoned us because I thought we were still together all this time.
A: That is a complicated set of facts. The judge is likely to allow the divorce if he wants it. The courts will not generally force someone to stay married who doesn't want to be married. I think rather than worry about the grounds used in the divorce you should contact an attorney to make sure that the kids are taken care of and the property is divided equitably.
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