Divorce Grounds

What are the benefits of filing divorce on the grounds of abandonment?

I really just want to get a simple divorce but I hear that I should file on the grounds of abandonment because my husband just left me and returned? What are the benefits of me filing on the grounds of abandonment opposed to filing uncontested?

Public Comments

1. Many states are no fault states and you do not site a reason for the divorce.
2. nothing, it just means the lawyer gets to add hours to your bill and hit you with a bigger bill
3. http://diylegalinfo.com/Divorce_Links.html/ has all kinds of legal information on divorces and how to handle a divorce without a lawyer yourself.
4. It depends on the laws in the state where you need to file. You'll probably find that your husband hasn't been gone long enough for you to file for divorce on the grounds of abandonment. In Texas, he must have been gone for at least a year. "Uncontested" is not grounds for divorce, it's simply that you reach an agreement on the terms of divorce without a trial, and you could file on the grounds of abandonment and wind up with an uncontested divorce based on abandonment. Most states have some sort of no-fault basis for divorce. In some states it's "irreconcilable differences", and in Texas it's "insupportability" (The marriage has become insupportable because of discord or conflict of personalities between Petitioner and Respondent that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.) Whatever the phrase is in that law, it boils down to "we don't get along". If no-fault grounds are available, most people will file under the no-fault grounds, and the only people who don't are those who are mad and want the world to know that the divorce is the fault of the other person. Doesn't make any real difference in your case except: (1) if you have a trial you have a reason to put on evidence that shows what a nasty person the spouse is; and (2) you're less likely to reach an agreement with your spouse because they don't like being called names in public documents.