Legal Question in Family Law in Georgia
Separation
If I want to separate from my husband, could he claim abandonment if I leave the home. The house is in my name only. I merely want to leave for 3-4 weeks to give us a break in order to step back and get a new perspective. My sister told me that he could claim abandonment, and take control of the house. Two older children would stay with him, the baby would go with me. Please advise.
2 Answers from Attorneys
Re: Separation
You have nothing to worry about as to the issue of abandoment. In the first place, your moving away has to be for a period of a year to constitute abandonment. In the second place, if you send him a certified letter letting him know of your residence, you have protected yourself.
However, since the house is in your name, you should consult with a local attorney about filing a petition so that you get possession of the house.
Re: Separation
Abandonment/desertion under Georgia code 19-5-3(7)(Willful and continued desertion by either of the parties for the term of one year) requires a 1 year absence.
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