I am asking this question for a dear friend. The friend in question is being divorced by their spouse who left 6 months ago to live and have a relationship with another person in another state. My friend and their spouse have three children together. It would seem to me that this is abadonment being that there are no faults in the marriage such as adultery or abuse. My friends spouse just up and decided that they wanted to have a relationship with this other person and was done being married to my friend. My friend is not aware that their spouse is having a relationship with another person and that this is the sole reason that the spouse left. Today my friend went and seen an attorney for a consultation since being served a divorce petition a week ago. My friend does not want this divorce and it just seems wrong that the spouse can just negate their responsibilities and enter a new relationship without penalty. What options does my friend have? Would having knowledge of a relationship with someone else change things?
1 Answer from Attorneys
The short answer is not really. We do not have fault as an issue in divorce cases in this state any more although it does seem that the friend was treated shabbily. Seems an awful shame to just up and ditch three kids, though, and this can have an impact when the child support order's getting drafted-judges do not like people who behave badly in marriage.