legal seperation/ divorce

[Owensmom]

My sister in law wants a divorce from my brother. they got married in Georgia and she is now living in Florida. He went awol up to tennessee staying in a hotel. He wont give anybody an address. I'm guessing he's going to need to be served or something how can she file without an address?

 

[army judge]

My sister in law wants a divorce from my brother. they got married in Georgia and she is now living in Florida. He went awol up to tennessee staying in a hotel. He wont give anybody an address. I'm guessing he's going to need to be served or something how can she file without an address?

She can bring a divorce action against him for abandonment.
The fact that he left her, without telling her of his whereabouts, is presumptively considered abandonment.

You say he went AWOL.
Is he in the military?

If she files for abandonment, she doesn't have to serve him.
He's absconded, so he can't be served.
But, he can be divorced.
In Florida, it is easy to do the divorce yourself.

For all practical purposes, desertion and abandonment are one and the same. .There are two elements that have to be present in order to constitute desertion: the willful desire or the intent to desert and the cutting off of the marital relationship. In Florida, the abandonment has:

* continued for 12 uninterrupted months;
* must be willful and malicious;
* beyond any reasonable expectation of reconciliation.

There are two types of desertion-actual desertion and constructive desertion.

When your spouse packs bags, books, and toothpaste, walks out the door, moves into another apartment, and stays there, he or she is guilty of actual desertion. The spouse voluntarily leaves and has no plans to return except perhaps to pick up a forgotten belonging.

You also can be deserted even if your spouse does not leave. If your spouse's behavior is so cruel or despicable that you find yourself dialing suicide prevention, you can leave and charge your spouse with constructive desertion. Constructive desertion is basically defined as one person leaving the relationship-not necessarily the home. The following are some cases of marital misconduct that have been applied to constructive desertion:

Willful refusal of sex, without just cause and nonperformance of other marital duties as to practically destroy the home life. The denial of sex alone does not constitute desertion. The spouse also has to stop carrying out the mutual responsibilities of the marital relationship.

Conduct that endangers a spouse's life, safety, health, and even self-respect (although an isolated assault or two will not necessarily constitute cruelty unless the act was particularly severe and atrocious).

One spouse's failure to move if, for example, the other gets a job transfer. The exception is if one spouse's choice of domicile is unsafe or unsuitable for the other.

Your spouse has left you, spent six months chasing butterflies, and suddenly wakes up one morning and decides that you are the one after all. In good faith, your spouse shows up at your doorstep and begs you to forgive and forget. In Florida, if you say yes, then all is well. But if you say no and refuse to even see or listen to your spouse, then, strange but true, your spouse could sue you for desertion. The waiting period would start all over again beginning with the time of your refusal. Keep in mind that "good faith" is the key. If, for example, your husband deserted you and then tried to return only after realizing what the high costs of his alimony and legal fees would be, his desire to return would not necessarily be considered "good faith".

http://www.fldivorceonline.com/flpages/Divorce/divorcerequirements.asp#16

 

[Owensmom]

No, he's not in the military.

Will she have to wait 12 months for desertion?

And their is also a 4 yr old child involved.

Thanks alot for your advice

 

[army judge]

No, he's not in the military.

Will she have to wait 12 months for desertion?

And their is also a 4 yr old child involved.

Thanks alot for your advice

Yes, if she chooses to file in Florida, 12 months must pass.
But, she can file on other grounds.
Abandonment is but one.

Is the child with her?

 

[Owensmom]

Yes, the child is with her.

And is their other ways of a divorce not using abandonment or desertion, without an address?

 

[PQN2]

Is he using a joint credit card to pay for his hotel room?

 

[Owensmom]

No he doesn't even have a job he's mooching off everybody he can to pay for it.