People often arrive at a divorce believing that because their spouse walked out, “abandonment” will be a formal ground that shapes the outcome. In California, that instinct runs into a basic feature of state law: California is a no-fault divorce state. Understanding what that means — and where abandonment still matters practically — prevents a costly misunderstanding.
California is a no-fault state
Under Family Code section 2310, a California divorce is granted on the basis of irreconcilable differences (or, rarely, permanent legal incapacity). The court does not assign blame for the breakup. That means spousal abandonment — one spouse leaving the other — is not itself a “ground” for divorce and does not, on its own, punish the departing spouse in the division of community property, which is divided equally regardless of who left. This surprises many people who ask “how to file for abandonment” expecting a special case type; there is no separate abandonment filing in California divorce.
How you actually file when a spouse has left
If your spouse has left, you do not file “for abandonment” — you file a standard Petition for Dissolution citing irreconcilable differences, and you can proceed even if your spouse will not participate. If they cannot be located, California allows service by publication or posting with court permission, and if they never respond, you may be able to finish by default. So the real answer to “how to file for abandonment of marriage” in California is: file for dissolution and use the procedures built for an absent or non-responsive spouse.
Where abandonment still matters: money and children
No-fault does not mean the abandonment is irrelevant to the practical outcome. Financial abandonment in marriage — where the departing spouse stops contributing while continuing to benefit — is addressed through temporary spousal and child support, and through the automatic temporary restraining orders that bar hiding or dissipating assets once a case is filed. If one spouse abandons the family and leaves the other to carry the household, the court can order support retroactive to the filing and can weigh a party’s conduct in fee awards. On the children’s side, a parent’s prolonged absence can affect custody and, in extreme cases involving a full year of intent to abandon, can bear on later adoption proceedings.
What counts as marital abandonment
When clients ask “what is considered abandonment in a marriage,” the honest answer is that in California the label carries emotional weight but little independent legal force in the divorce itself. What carries force is the concrete fallout: unpaid support, dissipated assets, and disrupted parenting — each of which the family court has specific tools to address.
Talk to Furubotten Law
Every page on this site ends the same way it began: with a real lawyer. If you are navigating any of the issues discussed above, Denise Furubotten, Esq. brings 30 years of California family law experience to your matter. Call Furubotten Law, APC at (714) 795-3862 to schedule a confidential evaluation.