What Happens if the Deserter in a Marriage Returns in Georgia?

Although Georgia is a “no-fault” state (meaning a spouse doesn’t have to find fault to file for divorce), state law specifies 13 different grounds that may affect the judge’s decision on divorce issues. Desertion is one of these grounds for divorce. One spouse’s decision to abandon their marriage can put them at a disadvantage during divorce proceedings. But what if that spouse comes back to their husband or wife? How would it affect the divorce?

Defining Desertion

First, it helps to know exactly what “desertion” means in divorce law. Desertion or abandonment in Georgia is when:

• One spouse unilaterally leaves the marriage, as opposed to both spouses mutually deciding to separate,
• The spouse has no justifiable reason to leave, and
• The spouse has been away for at least one year.

Desertion has two types. “Actual desertion” is when a person physically moves out of the marital home. “Constructive desertion” is more about leaving the relationship. It can mean stopping one’s marital duties, such as communication, financial support, and marital relations. A spouse may also be guilty of constructive desertion if they force their husband or wife out of their home.

When the Deserting Spouse Returns “In Good Faith”

In some cases, the deserter decides to return to their spouse after realizing their leaving was a mistake. If the deserting spouse returns in good faith, the other has two options under Georgia law: They could accept the returning spouse and resume the marriage or refuse the returning spouse from reconnecting with them.

However, there is a catch if you choose the second option. If you refuse to resume the marriage, the deserting spouse could accuse you of desertion. In other words, they could turn the table and put you at a disadvantage if you pursue the divorce.

Note that for this to happen, the deserting spouse must return “in good faith,” meaning they genuinely intend to rebuild the marriage. Some deserters come back to their spouses only so they can avoid the consequences of their desertion, such as getting ordered to pay more alimony. Judges would not look favorably on this. Thus, it is on the returning spouse to prove to the judge that their return is in good faith.

Meanwhile, if you are the abandoned spouse and do not intend to accept your returning husband or wife, it’s crucial for you to get the help of a divorce lawyer. Refusal to resume the marriage could cost you in the divorce, so discuss with an experienced divorce attorney how you can assert your case while protecting what you are entitled to.

Contact a Georgia Divorce Lawyer

With nearly 20 years of experience, Attorney Sharon Jackson is highly trusted by spouses in Georgia going through a complicated divorce. Ms. Jackson’s representation has helped her clients get favorable outcomes after complex marital situations involving desertion, abandonment, adultery, and more. Consult with Ms. Jackson about your divorce case. Call us today at (678) 909-4100 or use our online contact form.