Found an issue on this page? Let us know and we will look into it as soon as possible.
Please sign in or create a free account to schedule a consultation.
Wife from Ghana, lived with me in NC 1 yr. She's been gone over 3 years. Lives in New York. Can I get a divorce on abandonment?
Anonymous8 views3 answers
Wife is from Ghana, married in Ghana, brought her here. After a year she went back to Ghana to take care of mother but after a year and a half came back to USA but went to New York City and not back here to me in NC. She has been gone for over three years now, we do not communicate any more. I have custody of my 14 yr old daughter from past relationship. I now need a divorce from her on abandoment. Uncontested divorce.
You can get and absolute divorce if you've been separated for more than a year. Speak to an attorney if you'd like to file claims for equitable distribution or spousal support. Once you do get a judgment for divorce, those claims get extinguished if they haven't already been filed. No need to claim abandonment unless it affects other claims you decide to file other than for absolute divorce.
Do you have a good valid address for her in NY?
And do you in fact have any other potential issues such as her trying to claim alimony, or you needing alimony, property/debt divisions, retirement accounts, pensions?? If so, then you really need to consult with attorney before attempting to embark on a do it yourself divorce, especially with an out of state defendant. But mainly because the packets out there are ONLY for divorce and do NOT cover any of the issues listed above
The courts look not only at whether you haven't lived together for over a year, but if it was the intent of at least one of you to end the marriage. If you or she have communicated that the marriage is over, the clock begins to run. Using information that you have not heard from her in a year would also be persuasive in my opinion. An absolute divorce will stop your wife's inheritance rights as well, so I recommend that you get your divorce and also write up a will or have one drafted so that your daughter is protected. Best of luck!
