Abandonment requires that the person leaving be absent for a period of one year or more before it can be grounds for divorce. If you daughter is the one who wishes the divorce, however, then even if she has “abandoned” her spouse, she should not care because it is she who wishes to terminate the marriage.
I believe it is a terrible mistake for her to leave without getting a legal separation and divorce. In order to start her life over and get on with her new life she must be legally divorced and it is important to to take care of these matters with a professional, experienced, matrimonial attorney who can assist her in doing it right. Leaving the situation without legally separating and divorcing will ultimately prove to be a serious mistake which she will regret later on in her life.
Please contact me at 212-370-1660 to discuss the matter at greater length.
Leonard M. Weiner, Esq./Divorce Solutions