Abandonment & Desertion Divorce in Georgia

Quick answer: Georgia treats abandonment as “willful and continued desertion” by a spouse for one year, which is one of the 12 fault grounds for divorce (O.C.G.A. § 19-5-3). A spouse whose desertion caused the separation cannot receive alimony (O.C.G.A. § 19-6-1(b)). You do not have to wait a year to file: a divorce on the no-fault ground can be granted 30 days after the other spouse is served. Time apart because of military orders or a deployment is not desertion. Scot Sikes handles these cases in Columbus and the Chattahoochee Judicial Circuit.

When a spouse moves out, stops paying bills or disappears, the person left behind usually has three questions: can I file for divorce now, does the other spouse’s leaving help my case, and what happens to the house, the money and the children in the meantime?

Table of Contents

What Counts as Desertion

Willful. The spouse chose to leave, without your consent and without legal justification.
Continued for one year. The separation must last a full year to support the desertion ground (O.C.G.A. § 19-5-3).
Not orders or deployment. A service member who is away on a deployment, unaccompanied tour or TDY is following orders, not deserting. Likewise, a spouse who leaves because of family violence is not deserting.

Should You File on Desertion or on No-Fault?

Most divorces involving a spouse who left are filed on the no-fault ground that the marriage is irretrievably broken, often pleaded alongside a fault ground. The no-fault route avoids waiting a year and can be granted 30 days after service (O.C.G.A. § 19-5-3). Pleading desertion matters most when alimony is at stake, because a spouse whose desertion caused the separation is barred from receiving alimony (O.C.G.A. § 19-6-1(b)), and conduct can be weighed in dividing property.

Protecting Yourself After a Spouse Leaves

Temporary support. Once a divorce is filed, the court can order temporary alimony and child support while the case is pending (O.C.G.A. § 19-6-3).
The home. Leaving the marital home does not give up a spouse’s interest in it; property is divided at the end of the case. A temporary hearing can award one spouse exclusive use in the meantime.
Children. A parent who leaves and stays away weakens his or her position on custody, because judges weigh each parent’s involvement and the child’s stability (O.C.G.A. § 19-9-3). Keep a record of contact, missed visits and support.
Money. Keep copies of bank and retirement statements. Once the case is filed, the circuit’s standing order restrains both spouses from moving or hiding assets.

When You Cannot Find Your Spouse

If a spouse has disappeared, Georgia allows service by publication after a diligent search, with the court’s permission. If the missing spouse is in the military, the Servicemembers Civil Relief Act requires extra steps before a default can be entered (50 U.S.C. § 3931), and the court may pause the case (50 U.S.C. § 3932). See divorce while deployed or overseas.

Talk With Scot Sikes

Consultations with Scot Sikes are $200 and cover your specific situation, the Georgia law that applies and your realistic options. Call 706-494-6900 or use the contact page. The office is at 5 Bradley Park Court, Suite 101, Columbus, GA 31904.

Frequently Asked Questions

How long does a spouse have to be gone for desertion in Georgia?

One year of willful and continued desertion (O.C.G.A. § 19-5-3). You do not have to wait that long to divorce, because the no-fault ground can be granted 30 days after service.

Can a spouse who abandoned me get alimony?

No. A spouse whose desertion or adultery caused the separation is not entitled to alimony (O.C.G.A. § 19-6-1(b)).

Is my spouse’s deployment considered abandonment?

No. Time apart because of military orders, deployment or TDY is not willful desertion.

If I move out, do I lose my share of the house?

No. Moving out does not give up an interest in marital property, which is divided at the end of the case. It can affect temporary arrangements and custody, so get advice before leaving.

Keep Reading: Georgia Divorce Guides

About the author. Scot Sikes founded the Law Offices of Scot Sikes in Columbus, Georgia, in 2006. He earned his J.D. at Mercer University’s Walter F. George School of Law, was admitted to the State Bar of Georgia in 1999, and served as an Army judge advocate (trial counsel, Senior Defense Counsel and Deputy Staff Judge Advocate) before retiring from the U.S. Army Reserve as a lieutenant colonel in 2017. His practice centers on family law, military divorce and military family law in the Chattahoochee Judicial Circuit, and courts have qualified him as an expert witness on dividing military property in divorce. Read Scot Sikes’s full profile. Law Offices of Scot Sikes, 5 Bradley Park Court, Suite 101, Columbus, GA 31904 · 706-494-6900.

Last updated November 2026. Sources: O.C.G.A. § 19-5-3 (grounds; 30-day rule); O.C.G.A. § 19-6-1 (alimony; adultery and desertion bar); O.C.G.A. § 19-6-3 (temporary alimony); O.C.G.A. § 19-9-3 (custody; best interests); 50 U.S.C. § 3931 (SCRA default protections); 50 U.S.C. § 3932 (SCRA stay); Chattahoochee Judicial Circuit Standing Order, Domestic Relations, Ex Parte No. 2025-229. This page is general information about Georgia law, not legal advice for your situation.

Abandonment and Desertion as Grounds for Divorce in Georgia