Searching for how to file for spousal abandonment usually means one thing: a spouse left, and you want to know what that means for your divorce. In California, Florida, and most states today, the honest answer is that spousal abandonment is not a legal ground you file under at all. This guide explains why, how you actually file when a spouse has left, and what changes if you cannot locate them to serve the papers.
Key Takeaway: California and Florida are both no-fault states. Neither one has a legal ground called abandonment. You file the standard no-fault divorce petition regardless of which spouse left, and the fact that your spouse moved out does not, by itself, change your grounds, though it can affect practical issues like service of process if you cannot locate them.
What Is Spousal Abandonment, and Does It Matter for Filing?
"Spousal abandonment" is a term many people search for after a spouse moves out, expecting it to be a specific legal ground, the way some states historically recognized fault-based grounds like desertion or cruelty. California and Florida moved away from fault-based divorce law decades ago. Both states now require only a no-fault ground to grant a divorce, and neither state's family law statute lists abandonment as a separate ground you plead.
How Do You File When Your Spouse Has Left?
You file the same petition you would file in any divorce case in your state: the standard petition for dissolution of marriage, citing your state's no-fault ground. Your spouse having moved out does not require different paperwork, and it does not entitle or obligate you to allege fault. What it can change is practical: how you communicate with your spouse during the case and, if you do not know their current location, how you serve them with the papers.
California: No-Fault Grounds Only
California Family Code Section 2310 lists only two grounds for dissolution or legal separation: irreconcilable differences that have caused the irremediable breakdown of the marriage, and permanent legal incapacity to make decisions. There is no abandonment or desertion ground in California law.
If your spouse left the household, you file your Petition (Form FL-100) citing irreconcilable differences, the same ground used in the vast majority of California divorces, whether or not either spouse moved out.
Florida: No-Fault Grounds Only
Florida Statute 61.052 similarly limits the grounds for a judgment of dissolution of marriage to two: the marriage is irretrievably broken, or the mental incapacity of one of the parties, which requires a prior court adjudication of incapacity for at least three years. Florida has no abandonment ground either.
As in California, a spouse who moved out does not change which ground you cite on your Florida petition. You still plead that the marriage is irretrievably broken. If you are unsure which ground applies to your situation, or your spouse disputes that the marriage is irretrievably broken, your county clerk's family law self-help desk can point you to the right forms without giving legal advice.
Does Abandonment Affect Alimony or Property Division?
Because neither state treats abandonment as a fault ground for the divorce itself, it generally does not factor into the divorce grounds. Alimony and property division in both states turn on statutory factors like the length of the marriage, each spouse's income and needs, and the property itself, not on which spouse physically left the home first. If a departing spouse also stopped meeting a support obligation to a dependent spouse or child while the marriage was ongoing, that can raise a separate support issue, addressed through the state's family support laws rather than through the divorce grounds.
What if You Can't Locate Your Spouse to Serve Them?
If your spouse left and you do not know where they are, you can still move your case forward, but you first need to show the court you made a genuine effort to find them, generally called a diligent or due diligence search.
In California, once you can show that effort to a judge, you can ask for permission to serve by publication or posting instead of personal service. Published notice generally has to run in a newspaper of general circulation for four consecutive weeks, and default cannot be entered until roughly two months after publication begins.
In Florida, state law specifically authorizes service by publication for dissolution of marriage cases.
Publication generally runs once a week for four consecutive weeks in a newspaper likely to reach the missing spouse. Because the court's authority over a party served only by publication is more limited, some issues, like dividing certain property or debts, may not be fully resolved through a publication-only case. For a full walkthrough specific to Florida, see our guide on filing for divorce in Florida when your spouse is missing.
Frequently Asked Questions
How do I file for spousal abandonment?
In California and Florida, and most states today, there is no separate legal ground called spousal abandonment. You file the standard divorce petition using your state's no-fault ground, generally irreconcilable differences or an irretrievably broken marriage, regardless of which spouse left. The fact that your spouse moved out does not require or open up a different type of filing.
Is spousal abandonment illegal?
Leaving a marriage is not, on its own, a crime in California or Florida. It can become legally significant in narrower situations, such as failing to support a dependent spouse or child while still legally married, which is addressed separately through family support obligations rather than through a fault-based abandonment claim in the divorce itself.
Do I need to prove my spouse abandoned me to get divorced?
No. Because California and Florida are no-fault states, you do not need to prove your spouse left, why they left, or that they were at fault in any way. You only need to state the no-fault ground your state requires, which does not depend on assigning blame to either spouse.
How to file for spousal abandonment if my spouse moved to another state?
You still file in a state where you or your spouse meets that state's residency requirement, using the standard no-fault petition. Your spouse's new address matters for how you serve them with the papers, potentially requiring service in their new state, but it does not change which ground you plead or create a separate abandonment filing.
Does it matter who moved out of the house first?
For the divorce filing itself, generally no, since no-fault grounds do not depend on which spouse left the home. Who remains in a shared residence can become relevant to separate issues, like a request for exclusive use of the home during the case or how property is eventually divided, but that is decided separately from the grounds for the divorce.
Can I get alimony if my spouse abandoned me?
Support and property decisions in California and Florida are generally based on financial and statutory factors, such as income, length of the marriage, and each spouse's needs, not on which spouse left the home. Confirm how your state's specific alimony factors apply to your situation with a family law attorney or your court's self-help resources.
What if I cannot find my spouse to serve them with divorce papers?
Both California and Florida allow service by publication when a spouse cannot be located after a documented, diligent search. Florida Statute 49.011 specifically authorizes publication for dissolution of marriage cases. Relief available through publication service is often more limited than with personal service, so confirm the specifics with the court before relying on it.
How Virdix Helps
Virdix fills out your California or Florida divorce petition from your answers, using your state's actual no-fault ground, for a one time $79 launch price through October 31, 2026. If you need to serve a spouse whose location you do not know, confirm the current publication or posting rules with your county clerk, since Virdix does not file your service request for you.
This article is for informational purposes only and does not constitute legal advice. Virdix is a document preparation service, not a law firm, and does not provide legal advice. For advice about your specific situation, consult a licensed family law attorney.
Sources: California Family Code Section 2310 (leginfo.legislature.ca.gov); Florida Statutes 61.052 and 49.011 (flsenate.gov).