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Abandonement

Did anyone ever hear The term constructive abandonment as grounds for divorce.My wife wanted me to sign divorce papers charging me with abandonment.I didn't want to leave.She told me to leave.She said her son ,not mine ,wasn't happy (27 still at home)so she wasn't happy and she asked me to leave.There were no grounds for divorce.She thought I would sign them.I could not sign this lie.I moved out but she abandoned me.I should also tell you I have Parkinsons Disease.She says thats not the reason.I have not filed against her.She won't admit to anything,so the lawyers put up this Constructive abandonment  claim.My lawyer says that it means she wouldn't have sex with me for a year or more.Is this what it means or are the lawyers just trying to get it done with.I want her to sweat a bit on the stand but my lawyer say's she doesn't have to take the stand.Why not

by bushwacked   8 Posts 
Posted on 10/12/2008 6:52 PM
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Thanks for your input.I don't want to divorce her.I couldn't sign the papers she filed decause they were lies.I never called her a name or yell at her since day 1.We were married fo11 months.She couldn't deal with my illness 24/7.She was with me 10 years with the disease,Parkinsons.not as bad as Michael J Fox.We didn't live together until we were married.She said I lied to her about selling my house.She used that as an excuse and ran with it.I was thinking about dropping the suit and have her try to prove that I left her because then she will haveto take the stand.I want her to be exposed for what she did.She will eventually get her divorce but she will have to work for it.Why should I just sign.That would make her happy.
by bushwacked   8 Posts
Posted on 10/13/2008 5:14 AM
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I have heard the term "constructive abandonment".  It was explained to me by a friend who is a lawyer(not a divorce lawyer) and is also divorced.  It means that the two of you have not had sex in over a year.  He was also straight with me about the fact that people use this as grounds for divorce sometimes without it being true.  How are you going to prove or disprove something like that, anyway? I am not sure what state you live in or what the laws are, but I am guessing that your state may not do no-fault divorces.  So, your wife(or her lawyer, more specifically) had to come up with some sort of grounds for divorce.  She might have been hesitant to hurt you by claiming that you abused her, so they went with constructive abandonment. 
     For what it's worth, I think that it is ridiculous.  My state does not do no-fault divorce and I am the one who wants a divorce from my husband.  The lawyer told me that he will claim something like mental cruelty or verbal abuse.  It bothers me because I am aware of how much this split will hurt my husband.  Accusing him of being "cruel and inhumane" strikes me as adding insult to injury.  Unfortunately that seems to be the way to get this divorce to happen.  You can ask your lawyer what will happen if you refuse to sign.  I am not sure of it myself.  I guess what I am saying is that you can probably drag it out and help the lawyers get rich, but you need to think about if that is what you really want to do. 
by meteor   239 Posts
Posted on 10/13/2008 12:31 AM
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