Desertion is a ground for divorce in all states. However the exact rules for using desertion as a ground for divorce varies from state to state.
Ground for Divorce
If you want to use desertion as a ground for divorce, then you must understand that desertion is different from separating in anticipation of a divorce. Your spouse must have deserted you for a certain period of time generally one year or more. This will depend on your state law. For the purpose of divorce, desertion is the abandonment of marital cohabitation by either spouse. The spouse who deserted must refuse to comply with his or her obligations and duties under the marriage. The spouse must desert with an intention to abandon marital relation.
Fault Ground
In almost all states desertion is a fault ground for divorce. Desertion can be actual or constructive. In case of an actual desertion, the abandoning spouse actually leaves the home whereas in case of constructive desertion, the spouse filing for divorce may have left the home because of cruelty and other spouse is deemed to have deserted the spouse filing for divorce. Desertion will play a major role in determining alimony and child support.
Proving Desertion
If you are claiming desertion as a ground for divorce, you must prove that:
- Your spouse deserted you with the intention to terminate the marriage.
- The desertion has continued uninterrupted for the required time period prescribed by your state law. Ever since your spouse deserted you, you have not lived together with your spouse even for a day.
- You did not consent to the desertion.
- You are not the cause of the desertion.
- There is no chance of reconciliation.
Getting Legal Help
Consult with an experienced divorce attorney if you want to use desertion as a ground for divorce. The attorney can review your case and advise you on your options.
