My husband leaves our family home for weeks , sometimes months at a time if we have a disagreement. I’m a homemaker, and he is the primary breadwinner. I have minimal access to family funds because he controls it all and when he is away from home he gives the bare minimum and I have to plead or threaten court action to get him to comply with giving me support. He says he doesn’t want to divorce so after spending weeks away from home he usually returns and tries to pick up like nothing ever happened. The emotional stress of his coming and going and the financial anxiety during his long absences is beyond taxing and impacting my mental health. He has a history of infidelity. So I believe he is unfaithful when he stays away from the home for these long periods but I don’t have proof and no money to hire a PI. I think he only wishes to remain married because he is scared of the financial repurcussions of a divorce especially since he owns his own business. Do I have enough for an at fault divorce on the basis of constructive abandonment even though he hasn’t technically financially or physically abandoned us? He is not emotionally invested and the financial and emotional abuse is hard
To answer your actual question, abandonment, or desertion, as it's actually called, cannot be proved if he has returned each time. If he were to leave, and inform you that he wasn't planning to return, THAT could be desertion. From your statements of facts, I don't believe that you could get a fault-based divorce for abandonment. People can divorce simply on grounds of separation, though, too, and there may be other grounds also worth pursuing. I urge you to find an attorney who can hear your situation in more detail and lay out options and strategies that could help you address them.
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