Your husband never comes home from work at least 3 times a week without calling or answering his phone Can you file for divorce stating abandonment of you and your 3 children?

Answer 1

If he doesn't come home at least 3 times a week, then that means he does come home as often as up to 4 times a week, so this would not qualify as abandonment. But you may want to ask your attorney if you can file for divorce on the grounds of neglect. But that, too, will be a slippery slope, especially depending on the reason he gives for not coming home 3 nights a week.

Have you asked him where he is and what he's doing on the nights he doesn't come home? Do you think he is with another woman? If so, and if it were me, I would find a way to get proof, as in photos, documented times and places where he goes, and who he is with, etc. And I know firsthand that it's not hard to get proof if he is cheating on you.

If you get proof of adultery, that will be all the grounds for divorce you need. But if you do decide to get proof of adultery, you need to first be absolutely sure you can handle the truth - visible, irrefutable truth, because it will be painful.

But most states (or at least many states) allow a no contest divorce or on irreconcilable differences, as well as other types where you don't need a specific reason, such as abandonment or adultery.

Talk to an attorney to see what he or she advises and what your options are. Many attorneys will give an initial consultation for a very small fee, and some don't even charge for the initial consultation.

Answer 2

I am not a legal professional, but abandonment can be a factor in divorce cases. It is advised to consult with a divorce attorney to discuss the specific circumstances and laws in your jurisdiction. They can provide you with guidance on whether claiming abandonment is a valid ground for divorce and the steps you need to take.