desertion definition divorce

Marital Abandonment and Divorce: The Definitive Guide

Bret Colson

Although it doesn’t always get the same level of attention as other reasons why people get divorced, the problems that abandonment can cause are very real. The emotional and financial toll can be devastating.

Here’s a closer look at spousal abandonment and how it can affect you.

What is Considered Abandonment in a Marriage?

Will abandonment have an effect on finances, the emotional turmoil abandonment may bring, how to handle child custody after abandonment, marital abandonment and divorce, how to claim abandonment.

Marital abandonment occurs when one spouse deliberately severs all ties with his or her family with no intention of returning. This includes no longer taking care of financial obligations and support without a good reason.

Abandonment does not take place when a spouse moves out of a family home to create a temporary or permanent separation unless it also includes the refusal to provide any type of support. In some fault-based divorce states, this is known as “willful desertion” and can be cited as a specific ground for divorce.

There are two types of abandonment:

1. Criminal Abandonment

Criminal abandonment takes place when one person stops providing for the care, support, and protection of a spouse who has health problems or minor children without “just cause.”

For example, if your spouse has a terminal disease, and you no longer feel that you can be their caretaker, the court will not recognize your desire to leave a spouse who is dependent on you as grounds for divorce. However, if you leave, you can still be granted a divorce in a no-fault state because the burden of proof as to why you want to get divorced is much lower.

Although you may be granted a divorce, as part of the settlement, the court may rule that the sick spouse is financially dependent on you and you will be required to provide financial assistance through alimony. In all cases, a parent is financially obligated to provide for their minor children whether they are sick or not.

2. Constructive Abandonment

If a spouse leaves a marriage because the other spouse has made conditions intolerable to stay, the person leaving the marriage can claim constructive abandonment.

Suppose your spouse is abusive to you, has committed adultery, or has a chronic substance addiction problem. If you left you could claim constructive abandonment because you were forced to leave your home due to the other spouses’ misconduct.

Leaving because of physical or mental cruelty can be a justifiable reason for constructive abandonment. In some states, refusing sexual intercourse can often be claimed as constructive desertion as well. There are also instances when a spouse is required to live with abusive or intrusive inlaws or they refuse to relocate to a new state or city as forms of constructive abandonment.

In fault-based states, failure to have sexual relations is often considered a fault ground. Spouses may still live under the same roof, but if they don’t share the same bed, a claim of abandonment can be used as a reason for divorce.

While filing for divorce and using abandonment as the fault-based ground for your action, as the plaintiff, you will be required to provide proof that the abandonment took place. This requires more effort than in a no-fault divorce, but in some states, you can use a fault-based ground to gain certain settlement advantages.

Also, it is not considered abandonment when one spouse leaves as a prelude to a divorce, as long as the spouse continues to honor their financial obligations to the marriage. You have every right to not stay in the same house as your spouse if you don’t want to.

Abandonment is also characterized in legal circles by a set amount of time that a spouse does not meet their marital obligations. In some states, this duration is one year, but laws can vary from state to state.

For couples contemplating divorce , it’s important to know the difference between separation and abandonment. If both spouses voluntarily agree that separation is appropriate, it is not considered spousal abandonment. Separating as a way to evaluate the status of a marriage does not impact the legal rights of either spouse.

Abandonment must cover a specified minimum amount of time and it must be permanent. Also, leaving a spouse due to their violence or abuse does not meet the definition of abandonment as well.

The one area that may be impacted when a spouse leaves the marital home (including legally) is with child custody. If a parent has left their children for a long time, the court may take that into account, determine that the person is not a fit parent, and grant custody instead to the other parent.

Absolutely.

As a married couple, you have probably grown to rely on the income of both spouses to create a budget and stability for your family.

When one spouse simply walks away from that delicate balance, it can create extreme financial hardship.

If the spouse who left was the primary source of income for the marriage, this can lead to catastrophic consequences. The risk of losing your home, meeting recurring monthly obligations, and maintaining simple living expenses can be tossed into turmoil.

Even if you have sources of funds you can tap, the stress of being on your own, the anger and fear of an unknown future, a disruption in routines and normalcy, and how this will affect your children can also put you on edge.

In cases of separation where divorce has not yet taken place, a spouse can ask for temporary spousal maintenance until a final settlement can be reached. However, this requires knowing where the other spouse lives, and that’s not always a given when abandonment takes place.

Although a spouse who has committed abandonment still has legal rights to property ownership, the abandoned spouse can use any or all property in the marital home as they see fit. This includes selling the property. It’s probably best to check with an attorney first before doing anything too drastic, though.

Property rights in abandonment cases do vary from state to state. In most cases, an abandoning spouse has forfeited any property rights, and has lost the right to make decisions about abandoned personal and real property. The abandoned spouse also has what is known as the “right of occupancy” which gives them the upper hand in negotiations to create a final settlement.

Read More : A Guide to Divorce Financial Planning

In addition to the financial and legal issues you’ll work through in abandonment, there is also a difficult emotional element to deal with as well. The hardest part is trying to move forward while coping with a complete lack of communication or response from an abandoning spouse.

When a spouse leaves unexpectedly, emotional responses can be similar to those you’d experience in someone’s death. You will have to deal with grief, anger, a lack of closure, remorse, the stigma of a very public and messy situation, and a constant rollercoaster of feelings that aren’t likely to end any time soon.

This will be compounded by the fact that you’ll have a lot more responsibilities heaped upon you. You’ll take on roles that your spouse may have handled in the past. You’ll have to be a mother and a father to your children. And you’ll be the one who has to explain the circumstances of the abandonment to them.

It’s one thing to ease into these roles if you’ve been preparing for them as part of a more choreographed divorce, but quite another when you’re given minimal advance notice.

Being blindsided by abandonment can lead to intense feelings of disbelief and self-doubt as you search for answers that may be a long time in coming. As you might guess, this can lead you straight to debilitating depression.

Related Reading: How to Cope with Divorce as a Man

Abandonment may actually be harder to cope with that a death because your spouse is still alive, somewhere, and you are not able to put any closure to your relationship. It remains an open wound that festers. Birthdays, anniversaries, and the holidays that used to be joyous occasions are now more measured in how you approach them.

At some point, you will readjust and start to rebuild your life. Don’t beat yourself up by overthinking what happened or what went wrong. Wishing that your spouse would just walk back in the door at any time is not healthy either. You are free to forgive and forget if you want, but if your spouse did it once, they could do it again at any time.

This is also no time to deny your feelings or try to be a tough-it-out hero. If you need help, get help. Find a therapist who can help bring a sense of relief to your new reality. Online therapy can be a great, convenient option. Sites like BetterHelp let you choose from thousands of licensed therapists at affordable rates. You can get started with BetterHelp here .

When a parent commits abandonment, it may give the remaining parent a big upper hand when it comes to child custody issues. This assumes the remaining parent is free from violent or abusive tendencies, or other negative behaviors that are not in the best interest of the child.

If you are the remaining parent, as soon as the appropriate time frame has passed to claim abandonment, you should file for primary physical and legal custody. Now is the time to also file for child support if you haven’t already done so. In cases where you can’t find the other parent, this can be a hollow victory, but you should do it anyway. You never know when the abandoning spouse will return, and you want to be prepared when they do.

You do need to understand that spousal abandonment is not the same as child abandonment, although one frequently accompanies the other. Courts recognize that biological parents do have a fundamental right to be involved in their children’s lives. That’s why courts are hesitant to restrict or deny parental rights, even in abandonment cases.

But courts also expect parents to honor their obligations as well. Legal custody issues will need to be addressed regarding decisions about medical care, schooling, and other important life issues.

In some cases, a parent may want to go to court to prove abandonment, seeking the termination of parental rights. This might be the case if a step-parent is seeking to adopt the child. Normally, both biological parents must agree to the adoption. But if the abandoning parent can’t be found, the remaining parent who has custody may be able to move forward with a termination of rights based on abandonment.

Part of what you’ll need to do is also set up a strong support system to help you adjust to your new one-parent reality. Friends and family members may be able to take some of the burdens off of you.

Choose wisely, and be protective.

Read More: The Ultimate Guide to Child Support

Getting divorced is a lot easier than it used to be. In the past, most states required that you state a specific reason for getting a divorce (including abandonment). But now, all states recognize no-fault divorces. This basically means you simply have to claim you can no longer get along with your spouse, and you’ll be granted a divorce.

So why would some spouses pursue abandonment as a ground for divorce?

In most cases, it won’t make a difference, but in some states, when you claim abandonment or any fault-based reason for divorce, it can give you an upper hand in a divorce settlement. You may get more favorable terms in a division of assets, alimony, or in other parts of your divorce where courts have discretion.

The drawback with claiming abandonment is that you are usually required to go through a defined period of abandonment (typically one year) before you can file for divorce. Most states have a much shorter timeframe for finalizing a no-fault divorce. If the abandoning spouse comes back home before that time period expires, the time frame may be reset all over again.

Before attempting to claim abandonment, you’ll need to make sure your state allows abandonment as a ground for divorce. Some states are strictly no-fault in nature, and even if abandonment exists, you will not be able to use it as a legal tool.

When using abandonment as a ground for divorce, you’ll need to provide proof to the court that the abandonment actually took place. As the plaintiff, you’ll need to show that the defendant left and has not met their financial obligations for the specified period required in your state. You will also need to prove that you were not the reason why the abandoning spouse left, such as due to abuse or adultery.

Abandonment is not the same as a woman fleeing domestic violence to protect herself or her children. It is also not the same as a man announcing his intentions to divorce and then moving out.

Keep in mind that you could also be weakening your case by walking out on a marriage when children are involved. Your spouse can demonstrate that you are not a fit parent because you walked out on the family for an extended period.

In short, you need to think through your reasons for abandoning your marriage. Similarly, if you have been abandoned, you need to determine the best way to end your marriage while protecting yourself to the highest degree possible.

Looking for more information on divorce? Check out some of our other popular articles.

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Divorce Community: How to Get the Support You Need

Bret is a journalist with a passion for writing about all things divorce. His areas of expertise include real estate, insurance, and government programs, just to name a few. In the process of ending a long-term marriage, Bret brings a first-person perspective to the trials and tribulations of divorce, co-parenting, and relaunching.

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Abandonment, Desertion, and Separation in Divorce

When a married couple experiences irreconcilable differences, they often don’t find the need to live together. A permanent solution for such couples is getting a divorce. But before a couple reaches the divorce stage, they often live separately.

Separation, abandonment, and desertion are sometimes used interchangeably to mean a couple no longer lives in one home. But the terms mean different things.

Abandonment, Desertion, And Separation

Abandonment and desertion occur when one party in a relationship chooses to walk away from their home without telling their spouse their whereabouts. This walking away is also accompanied by a neglect of the person’s responsibilities to their family.

Abandonment can start with one spouse failing to come home for a day or two and progresses until it becomes full-blown desertion. Sometimes, it can happen out of the blue to catch the other party unaware. If the couple is undergoing a divorce and lives in a state with provisions for a fault divorce, the deserted party can use the dissertation as a reason for filing their divorce.

“All cases of a person living away from their spouse and family do not amount to dissertation or abandonment,” says lawyer Matt Towson of the Towson Law Firm . Sometimes, a couple will decide to live separately to see if the idea of living apart from each other will work for them. This kind of arrangement is referred to as separation. It differs from abandonment in that it results from a mutual agreement between the couple.

Exemptions To Dissertation

For a case of leaving to be ruled as abandonment or dissertation, the deserting partner must have left their spouse or family for no less than one year. You cannot file dissertation charges if a spouse has only been away for six months.

Cases where a spouse leaves and cannot be viewed as a deserter are when they continue playing their role in providing for their family’s upkeep. A person can not be said to have deserted if their reason for leaving was due to advice from their lawyer as the feuding parties await the completion of a legal separation.

Another circumstance where a person may not face desertion charges would be where the deserting party may have been a victim of domestic abuse at the hands of their spouse. Abandonment may be worth considering if you are in a situation where you feel threatened because you do not want to tell a person who could harm you where you live.

Abandonment And Child Custody

Before filing an abandonment charge, it’s important to consider its impact on child custody. If the custody of a child is contested, the spouse guilty of desertion will have slim chances of getting legal custody. Often, the court will look at the act of desertion as a display of irresponsibility on the part of the guilty party, creating grounds for denying custody.

However, not all cases of spousal abandonment amount to child abandonment, although they co-occur most of the time. If the party that left is not guilty of child abandonment, the court may consider them for child custody.

Once the court makes a ruling on child custody, the other party will be required to pay child support to the spouse who gets custody until the child reaches 18 or graduates high school.

Abandonment and Desertion in Divorce

Is abandonment grounds for divorce?

Abandonment is one of the grounds for divorce . Although it is not as frequently used as some of the other grounds, it does still exist as a basis for filing a Complaint for Divorce. Abandonment, or desertion in marriage , is considered an at fault basis for divorce, which means that you have to establish that the other person did something wrong in order to proceed on this ground. If successful, the person who left can be determined to be at fault for the dissolution of the marriage, creating difficulties for the other spouse. When successful in establishing that one party deserted or abandoned the other party, it could result in certain financial benefits during the divorce proceeding.

Filing for abandonment divorce

There are certain requirements to establish abandonment divorce in New Jersey: the parties must have lived apart for one year, meaning that the period of abandonment has lasted a minimum of 12 months. If at some point during that time, the parties do live together, perhaps in an effort to reconcile, the time period ends, and would need to be restarted.

The separation must be non-consensual. Otherwise, the circumstances will not be considered abandonment

The person seeking to establish abandonment must not have initiated the separation between the parties. The other person must have left on their own. A party can not seek abandonment if they asked the other party to leave the house.

Lastly, the person who left also must not provide support during the time period. In order to establish abandonment, there also has to be a failure by that person to provide any financial support either to their spouse or children.

How do you prove spousal abandonment?

There are additional types of abandonment that the court recognizes in addition to one spouse deserting the other spouse. They include constructive abandonment, where one person makes the circumstances so difficult to endure that it forces the other party to leave the home. Sometimes that exists in situations where domestic violence is taking place, forcing one person to leave the home out of fear for their safety, health and or well-being.

Lockout is another situation that the courts have recognized when when one spouse changes the locks on the home, preventing the other spouse from entering the home. Another type of abandonment recognized by the court is criminal abandonment where one person is so financially dependent on the other person that they are not able to live without support from the other person. In those circumstances, the court may recognize the person’s actions as criminal.

Here at DeTorres & DeGeorge we provide compassionate legal representation for our clients. Contact us today to schedule a consultation. We are experienced in handling claims for desertion in marriage and abandonment divorce . Our clients are prepared to make the choices that are best for them as they move forward to the next phase of their lives.

" I want to thank you from the bottom of my heart for all the work you did to free me from a toxic marriage. You were there for me when I want to thank you from the bottom of my heart for all the work you did to free me from a toxic marriage. You were there for me when things got crazy and I was losing my grip. I am very satisfied with all your services and with the final bottom line of the settlement. You as always, have an advocate for your services for life. " Show More Show Less

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Marital Abandonment

Definition of abandonment, walking away and marital abandonment.

In an at-fault divorce state, abandonment may be considered grounds for divorce . In these states, the spouse claiming abandonment must prove certain things to the court. For example, Jennifer files for divorce claiming that her husband, James, abandoned her just over a year ago. Jennifer would need to show that the couple had not agreed that James would leave, that she didn’t cause James’ departure, and that he hadn’t paid any support during his absence.

Constructive Abandonment

Criminal abandonment.

Suddenly refusing to provide care, support, and protection for minor children, or for a spouse who has serious health problems, is considered criminal abandonment. The law does not require people to continue living in a relationship, and anyone has the right to walk away from a sick spouse, but there is a price. It is likely the court would consider such an abandoned spouse to be financially dependent on the leaving spouse, and issue an order for continued financial responsibility and care. Abandoning a minor child is, in many cases, considered a crime as well, even if the child has not suffered physical harm as a result of being abandoned.

Property Division in Marital Abandonment

Protecting oneself when abandoned by a spouse.

When a couple divorces, each party has certain financial rights, which include the right to request alimony , and the right to an equitable distribution of the marital property. The process of enforcing these rights begins with the filing of a Summons and Complaint for Divorce.

Related Legal Terms and Issues

Desertion as Grounds for Divorce

by Damian Turco | Apr 14, 2017 | Divorce

Dean and Doreen are married, but they have not lived together since Dean left the marital home in Massachusetts. He left about two years ago and moved out of state. Massachusetts does recognize no fault divorce; this means a party need only claim that there’s been an irretrievable breakdown of the marriage. However, some parties understandably prefer to file for fault, such as abandonment or desertion. In this case, Doreen would like to file for divorce and wonders if this approach makes sense.

Desertion in divorce:

In Massachusetts, by statute, desertion of a spouse is a fault ground for divorce. If you’ve essentially been abandoned by your spouse, this may be grounds for your divorce. The applicable statute reads: “A divorce from the bond of matrimony may be adjudged for…utter desertion continued for one year next prior to the filing of the complaint[.]”

The applicable statute sets out the elements as follows: “In order to establish grounds for divorce for desertion, the plaintiff shall establish that the defendant left voluntarily and without justification and with intent not to return, that at the time such defendant left, the plaintiff did not consent thereto, and that the defendant failed to cohabit with the plaintiff for at least one year next prior to the date of the filing of the action.”

Intent to abandon:

Under this statute, the intent to abandon one’s spouse must be present for this type of claim to stand. Therefore, if a party leaves but intends to return to the marital home, the other spouse may not have a valid claim for desertion. Moreover, if a party deserts his or her spouse for a valid reason, such as to seek employment, to escape domestic abuse , or for purposes of a military deployment, that reason may serve as justification, and a claim for desertion may fail as a result. Further, the desertion must happen without the consent of the other spouse—mutual separation, or consent to the spouse leaving, means that no desertion has taken place.

Constructive desertion:

The courts also recognize the concept of constructive desertion; this is where a spouse might not physically leave the marital home but withdraws from the marital relationship. In one older case, the court held that the husband constructively deserted his wife when he abandoned all matrimonial communication and relationship with her and denied her the ability to live in his home.

Contact us:

Are you looking for an experienced Newburyport or Andover divorce lawyer or family law attorney? If you have any questions about issues of divorce, custody , or support , you may schedule a free consultation with our office. Call 978-225-9030 during regular business hours. Or, complete our contact form online. We will get back to you at our earliest opportunity.

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Willful Abandonment in a Divorce - What Are the Consequences?

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What Is Willful Abandonment?

The abandonment of the marriage, willful abandonment and custody, fault divorce, the aspects of abandonment, legal support to inflict consequences in willful abandonment.

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Divorce and Moving Out - What is Abandonment?

Divorces often don’t happen all at once. The build-up to a divorce can be full of tension, fighting, and in some cases physical danger. You may be tempted to walk out and end the strain, but doing so could affect your Maryland divorce case. Before you start packing, talk to an attorney about whether you can move out without risking abandonment claims in your divorce.

The Delicate Balance of Separation and Abandonment

Maryland divorce law does not make it easy to decide when and how you should move out of an unhealthy relationship. The law requires the person filing for divorce to establish grounds for divorce. Two of those grounds (desertion and voluntary separation) require that parties live separate and apart for a set period of time and the way that you separate can affect your property and custody claims. As much as you might prefer to cut your losses, we recommend that you have a frank conversation with an experienced divorce attorney before you move out.

Abandonment’s Effects on Property Distribution

Generally speaking, Maryland divorce law requires judges to order an equitable distribution of marital property. Equitable distribution can result in each party receiving a percentage of the overall value of marital assets based on a number of factors, including monetary and non-monetary contributions towards the acquisition of assets. However, the Court may also consider the reason for the break-up of the marriage and how one spouse’s conduct caused the divorce, as well as the effects of that conduct (including abandonment) on family assets during the parties’ separation. Your conduct in moving out could shift the percentage of property you receive in divorce, especially if one spouse had to dip into savings or sell assets to make ends meet or pay for an attorney to get the divorce started.

Unlike some other states, in Maryland, moving out does not directly affect whether you will be able to keep ownership of the property when the divorce is over or whether or not you will receive a monetary award for your interest in property. Instead, the Maryland court will decide how all family property is divided. If you moved out without justification (actual desertion), or if your spouse is awarded the home in the judgment of absolute divorce, then the home may still be marital property (if acquired during the marriage), and you would still be entitled to an equitable share of the value. If you have children and left them behind when you moved out, the judge may order that your spouse, and the children remain in the home for up to 3 years after the divorce is finalized. Use and possession is not guaranteed, but dependent upon the court’s evaluation of what would be in the children’s best interests.

Separation and Alimony

Maryland law requires some spouses to be physically separated and wait 12 months before filing for an absolute divorce. If you move out with or without a good reason, during the waiting period you may still be required to pay certain expenses related to your marital home and alimony. If you move out, or if your spouse moves out, with or without good reason, it doesn’t prevent you from asking for or being ordered to pay alimony during the waiting period. If your spouse is able to prove actual desertion, then the amount of alimony (or spousal support) may be impacted. If the status quo of your family is that you were the primary financial provider, then an order for alimony can be entered to help the economically dependent spouse pay for his or her living expenses and support the children in the meantime.

Child Custody Abandonment Concerns

Who moved out of the home can also come into play when the court is deciding issues of child custody and parenting time. In deciding how children will divide their time and who will be responsible for decisions regarding their care, a judge will look at several “best interest” factors. Moving out, regardless of whether it is deemed abandonment, may affect several of those factors:

Primary Caregiver - If you move out and leave your children in your spouse’s care, it will be hard to argue later that you remained actively involved in their day-to-day care.
Ability to Maintain Family Relationships - If you bring the children with you when you move out and make it difficult for them to stay connected with their other parent or extended family, this may be used against you in the custody determination.
Length of Separation - The longer you are away from your children, the greater the impact on your claim for custody or additional parenting time.
Prior Abandonment or Surrender of Custody - If you move out of the marital home and leave your spouse to cope with the children and the responsibility of the home, this would also be considered in a custody determination.

Before moving out, you should speak to a family law attorney to weigh the harm and benefit of leaving your children behind or taking them with you and disrupting their home and school environment. There may also be an option of waiting to move out until you have an agreement as to custody, even if other issues remain undecided. There isn’t always a good answer to this question, but you should know the effect any choice could have on any custody decision later on.

Defenses to Claims of Abandonment and Desertion

Just because you are the one to change your address doesn’t mean you are at risk of defending yourself against a desertion or abandonment claim. Remember, unless you have an agreement that resolves all issues, most divorce grounds require a period of separation. If your spouse does file a complaint for divorce, there are several defenses that you and your divorce attorney can use to shield yourself from the negative implications of an abandonment or desertion claim:

Constructive Desertion

If you were forced to leave because of your spouse’s misconduct or cruelty, you may be able to turn the tables and claim that he or she deserted you. Desertion is defined as leaving the relationship, not the home. If your spouse willfully refuses sex without cause and stops performing his or her marital duties or endangers your life, safety, health, or self-respect, you may be able to use his or her behavior as a defense to desertion claims.

Voluntary Separation

Sometimes a mutual decision to separate can get turned around in court filings. You may find yourself facing desertion and abandonment claims even when you and your spouse had discussed the separation before it happened. Voluntary separation is still grounds for divorce in Maryland, but by showing that you agreed to separate, live separately without cohabitation or sexual intercourse, and have no hope of reconciliation, a limited or absolute divorce can be entered without issues of fault clouding your property distribution.

Reconciliation or Cohabitation

For desertion to be grounds for an absolute divorce, it must be complete. By definition, abandonment or desertion must:

Last 12 months without interruption (even one night together can negate desertion claims)
Be willful and malicious
Go beyond any reasonable expectation of reconciliation

If you took a break by moving out of the family home, but then returned and asked for another chance, that good faith effort at reconciliation may be a defense against the claim of desertion. If your spouse refuses your request to move back home, he or she could even become the deserter, but then the waiting period will start over, so that will delay the entry of your absolute divorce.

The decision to move out or stay in a home when you know divorce is coming is hard. The emotional cost of remaining in a broken home can be exceptionally high. In some cases, it can even be dangerous for you and your children to stay. The fear of desertion and abandonment claims shouldn’t automatically keep you from moving out. But, it is important to have a thorough discussion with your attorney before you move, so you can understand the risks and make an informed decision.

At the Law Office of Shelly M. Ingram, our divorce lawyers understand the legal and emotional costs of moving out or remaining in a family home. We can help you weigh your options and can advocate for you once the decision is made and the divorce complaint is filed. If you need help with your divorce or child custody matter, contact us today to schedule a confidential consultation with an attorney.

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How Does Abandonment in Marriage Affect Divorce Issues?

The Marriage.com Editorial Team is a group of experienced relationship writers, experts, and mental health professionals. We provide practical and research-backed advice on relationships. Our content is thoroughly reviewed by experts to ensure that we offer high-quality and reliable relationship advice.

In This Article

Among the plethora of reasons why married couples decide to opt for a divorce, one of the underrated and lesser-known reasons for divorce is abandonment.

Although you may have watched some movies or series on television where the spouse comes back to an empty house and an apology note from their significant other (stating that the marriage is over), there’s a lot to be learned about how does abandonment affects a divorce.

Yes, it’s true.

Abandonment in marriage can drastically impact one’s divorce process.

If you’re curious to learn about how does abandonment affects a divorce, desertion in marriage, filing an abandonment divorce, and more, just read on!

What is abandonment in divorce?

The very step in understanding how does abandonment affects a divorce is first to acquaint yourself with the meaning of abandonment in marriage.

So, what is abandonment?

Abandonment, particularly marital abandonment, refers to the situation wherein a spouse deliberately severs ties with their family members without any intention of returning.

When one’s spouse intentionally and deliberately deserts their family and washes their hands off of all responsibilities towards their family, including financial obligations, it is called marital abandonment.

Before delving deeper into how abandonment affects a divorce , something fundamental to cover is for you to understand what doesn’t constitute desertion in marriage.

So, what isn’t categorized as abandonment in marriage?

Suppose one’s spouse moves out of the marital home permanently or temporarily for a separation (irrespective of whether permanent or temporary) while still carrying out their responsibilities (financial obligations and support). In that case, it isn’t categorized as spouse abandonment.

A few fault-based divorce states have categorized this situation as “willful desertion.”

Another essential thing to note about how abandonment affects a divorce is that every state has its definition or conceptualization of abandonment in marriage and what isn’t.

How are desertion and abandonment related to divorce?

The next concept to look into under how does abandonment affects a divorce is the basic relationship of desertion or abandonment to divorce. How does it basically relate to divorce?

Irrespective of the state where you’re married, couples who want a divorce can choose the option of filing a “fault divorce” or a “no-fault divorce.”

Although the criteria of a no-fault divorce vary from state to state, when a married couple files for a no-fault divorce, neither spouse blames their partner for leaving the marriage. In a no-fault divorce, marital misconduct isn’t a factor in that divorce.

Did you know that no-fault divorce is the only option available to married couples for legally terminating their marriage in many states!

The person who files the no-fault divorce attests that the relationship breakup and separation were willful and voluntary without marital misconduct such as abandonment in divorce.

So, naturally, if a spouse is filing a fault divorce, it means that the spouse is attributing the breakdown of the marriage to the occurrence of marital misconduct. The one filing for divorce is thus saying that the marriage ended because of marital misconduct .

Fault divorces are undoubtedly more emotionally draining, expensive, and cumbersome than a no-fault divorce.

States such as Maryland and Alabama in the US allow spouses to file a fault divorce with desertion or abandonment as the ground for the request. Therefore, in such states, divorce by abandonment is permissible.

Thus, you can see that if your spouse has abandoned or deserted you in the marriage, it plays a significant role in the divorce process. In fact, in some states, abandonment can be the ground for filing a fault divorce!

Difference between abandonment or desertion and separation

The next concept to uncover in how does abandonment affect a divorce is the difference between abandonment and separation.

Whether it is desertion or abandonment, both are consequences of a spouse leaving the marital relationship and home without letting their significant other know about this and without any intention of coming back.

Separation, on the contrary, happens when both spouses are well-aware of the fact that the marriage is over. Whether the decision to end the marriage is mutual, at least the spouse that is leaving communicates this information to their partner.

Separations aren’t a fault ground for divorce. In separations, couples communicate about the duration of the separation and if it will possibly lead to divorce (and when).

Either spouse does not randomly gives up important responsibilities. Crucial matters such as childcare, finances, etc., are discussed.

Abandonment or desertion in a marital relationship by a spouse is a fault ground for divorce in several states. When it comes to abandonment, the spouse leaves the marriage, marital home, and responsibilities without letting their significant other know.

So, divorce for abandonment is a possibility.

You may as well watch this video to understand how a typical divorce differs from an abandonment divorce:

Types of abandonment

Learning about the types of abandonment is very important for understanding how does abandonment affect a divorce.

When it comes to understanding divorce abandonment, desertion in marriage can be broadly categorized into two types, namely:

1. Constructive abandonment

Although it has been mentioned that abandonment can be a ground for filing a fault divorce, one of the key ways to defend a fault divorce is on the grounds of constructive abandonment.

When a spouse leaves a marital relationship because their significant other has made it impossible to remain in the relationship and the marital home, the spouse leaving the marriage has the right to claim constructive abandonment.

Suppose a spouse is abandoning a marriage (without informing their spouse) because of marital misconduct ( domestic violence , substance abuse, mental cruelty , physical cruelty, sexual violence, etc.). In that case, constructive abandonment can be claimed by the spouse who is leaving.

It is called constructive abandonment because the spouse (who has left) has left the marriage on the grounds of marital misconduct.

2. Criminal abandonment

The point of emphasis in understanding how does abandonment affects a divorce is criminal abandonment.

When an individual stops fulfilling their obligations, including support, protection, and care of their spouse, diagnosed with health problems, and minor children without any “just cause,” it is called criminal abandonment.

Suppose your spouse is terminally ill and financially dependent on you, in a no-fault state, although you may be granted a divorce. In that case, you will still have to fulfill your financial obligations (in the form of alimony) towards your spouse.

However, when it comes to minor children, a parent is obligated financially to provide for their children (minor children), regardless of the child’s health status.

Effect of abandonment in marriage on divorce issues

Let’s finally look into the different aspects of how does abandonment affects a divorce. When it comes to abandonment, divorce, spousal abandonment can be a game-changer.

1. Proving abandonment

Firstly, proving that your spouse has abandoned you is fundamental to filing for a desertion divorce for people living in states that allow individuals to file for fault divorces .

Remember these points:

You must prove to the court that you’ve been subjected to spousal abandonment for a specific period.
The abandoned spouse must demonstrate to the court that their spouse refused to communicate with them.
The grounds for leaving (without communicating) must be shown to have no justification. The abandoned spouse must prove that they had not engaged in marital misconduct.
The abandoned spouse must also demonstrate that they intended to end the marital relationship and had no intentions of returning.

2. Child custody

Although there is always room for negotiation regarding child care, child support, parenting plans, and child custody between divorcing couples, for divorces filed on the grounds of abandonment, there is hardly any possibility for negotiations to occur for child custody.

Why? It’s because often, spousal abandonment is unfortunately followed by child abandonment. So, the impact of abandonment on child custody is game-changing.

If your spouse has abandoned you and your children without any support, the court will most likely favor you for full or sole custody of your children.

However, in every divorce case involving minor children, the court will evaluate the best interests of your children, including whether child abandonment occurred, when deciding how to distribute parenting time and child custody.

3. Division of property and alimony

Another significant aspect of figuring out how does abandonment affects a divorce is the topic of rights over the marital estate and alimony.

Often, people think that if they leave their marital home before filing for divorce, they lose their rights to the marital home and alimony. However, that’s a misconception.

It’s impossible that you remember that courts evaluate every divorce on a case-by-case basis for the proper division of property and deciding alimony.

Although there are situations when marriages irretrievably fall beyond repair, and there is a strong temptation to abandon everything, spousal abandonment, unfortunately, causes more issues than not.

Now that you’re well aware of how does abandonment affects a divorce, always remember that it’s best to opt for legal separation and then a divorce settlement rather than abandonment.

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In A Divorce, What Counts As Desertion Or Abandonment? Are They The Same Thing?

While desertion and abandonment are usually used interchangeably in divorce cases, there is actually a distinction between the two.

“Desertion” is the breach of the duties stemming from being married. First, there must be a break from living together as spouses (“cohabitation”). Second, there must be intent to desert in the mind of the deserter. You must have both to establish desertion. Desertion does not depend on who actually leaves the family home. Desertion can be “constructive,” which is where one spouse commits cruelty toward the other spouse, resulting in the innocent spouse leaving the marital residence. The innocent spouse didn’t desert the marriage by leaving, he/she left due to the bad acts of the other spouse.

“Abandonment” is when there is evidence to show that “ a person has left his or her spouse or his or her child(ren) in a destitute or necessitous circumstances, or has contributed nothing to their support for a period of thirty days prior or subsequent either or both to his or her departure…”

Virginia Code 20-95

Virginia Code 20-81

Parks Zeigler, PLLC – Attorneys At Law

Spousal Abandonment: What Happens if I Leave?

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Desertion is willful abandonment of a person's duties or obligations , especially to a spouse or child. Some common uses of the term desertion in a legal sense include:

Desertion is a ground for divorce in states with fault divorce . In the context of divorce, cases such as this one from Virginia explain that “Desertion occurs when one spouse breaks off marital cohabitation with the intent to remain apart permanently, without the consent and against the will of the other spouse.”
As explained in this case from Georgia , the term “desertion” as an element in the offense of abandonment of a child, means “the willful forsaking and desertion of the duties of parenthood.”
Desertion can also be the basis for a court to grant an adoption where a parent has deserted a child for a specified period of time. Cases such as this one from Oregon , explain that the term desertion as used in the context of the statute permitting adoption, means parental conduct which indicates an intention to desert all parental duties and parental rights in the child.

[Last updated in July of 2021 by the Wex Definitions Team ]

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Basic principles

Desertion as a Ground for Divorce

Please note that the following guide only applies to divorces started before 4pm on 5th April 2022. For divorces after this date, no fault divorce now applies.

Under the law in England and Wales, there is only one basis for divorce and this is the irretrievable breakdown of the marriage. This can be proved with the use of one of five facts:

Unreasonable behaviour
Separation for two years (with consent)
Separation for five years (without consent)

Issues such as the division of the marital wealth and arrangements for any children of the relationship are dealt with separately to the main divorce proceedings. Once a divorce is granted it will then proceed to the decree nisi and then the decree absolute, which will finalise the divorce.

If you are considering or going through a divorce, click below for a free initial consultation with one of our expert divorce solicitors. REQUEST A DISCREET FOLLOW-UP

Desertion as a ground for divorce

Desertion can be a difficult ground to use for divorce since various elements have to be proved for it to succeed. It may be advisable to use another ground such as unreasonable behaviour if that is available. The respondent needs to have deserted the petitioner for at least two years before they can apply for divorce.

What are the requirements of desertion for divorce?

To prove desertion, the following aspects have to be demonstrated by the petitioner that is applying for the divorce:

The couple has separated
The respondent intended to desert the petitioner
The petitioner did not consent to the separation
There was no just reason that justified the desertion
The desertion was continuous for two years
The petition is filed immediately following the desertion

In practical terms, where a respondent has deserted the petitioner, it is unlikely that they wish to remain married. It is therefore likely that they would consent to divorce on the basis of separation after two years (which is the same period of time as desertion) and this is generally easier to prove.

Continuous desertion

In calculating the two-year period, the day that the separation took place is not included. Although there has to be a continuous period of two years ’ separation, desertion can still be used where the couple has cohabited for a period or periods of up to six months in total. However, these periods will not be included in the two-year calculation and the time spent cohabiting will need to be added to the end of the two-year period to calculate the date that the divorce proceedings can commence.

How is intention determined?

What is important is that the respondent has decided that the marriage has ended as opposed to their actions, such as leaving the family home. The court can infer that the respondent had this intention from their conduct, even where the respondent does not specifically state that they are leaving and not returning.

If the parties separate voluntarily and then the petitioner changes their mind and wishes to reunite but the respondent refuses, then this will amount to desertion from the point that the petitioner no longer consented to the separation.

If the respondent leaves without the intention to end the marriage then this will not amount to desertion (for example, moving abroad for a job but with the intention to remain married and at some point return to the family home). Where the respondent decides that they do not wish to return at some point in the future, then desertion will commence.

How do you prove consent to separation?

One of the requirements of desertion is that the petitioner has to show that they did not consent to the respondent ’ s desire to separate. Where there is consent to separate then it is not possible to use desertion. Similarly, where consent occurs after desertion has started then this can also bring desertion to an end.

Where a respondent tells their spouse that they are leaving in advance and the petitioner does not try to prevent this then it is unlikely the petitioner would be able to show the necessary lack of consent.

What is regarded as “ just cause ” for desertion?

The behaviour of the petitioner may be relevant in relation to determining whether or not desertion has taken place. If there is a serious reason why the respondent has left, then this requirement will not be met. Examples of just cause could include:

A fear of physical or psychological harm from the respondent
Cruelty by the petitioner towards the respondent
Belief that the other party has committed adultery so long as the respondent was given the chance to explain whether this had happened

What would end desertion?

There are various acts that will bring desertion to an end and mean that it cannot be used as a basis for divorce:

An agreement by the petitioner as well as the respondent that the parties should live separately
Agreement, mutual intention or resumption of the couple cohabiting together (for more than the six-month exemption).
If the petitioner acts in such a way as to give the respondent reasonable cause to remain separated from the respondent
If the respondent had initially left the petitioner but then offered to return and the petitioner does not agree to this

The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you.

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How to use desertion as the grounds for divorce in England and Wales

What does ‘desertion’ mean when it comes to divorce? Desertion in English and Welsh law is defined as one person in the marriage deserting the other for a continuous period of at least two years. […]

No-fault divorce was introduced in England and Wales on the 6th of April 2022 which removes the need to choose one of the five facts to support the 'irretrievable' breakdown of a marriage. All the information below is applicable to the previous system, and divorces that were issued before the 6th of April 2022.

You can read more about this change in our no-fault divorce guide

What is desertion in divorce uk?

Desertion in English and Welsh law is defined as one person in the marriage deserting the other for a continuous period of at least two years . This basically means that one person has left the other without agreement or for a good reason.

Desertion can't be used in Scotland or Ireland as a reason to divorce.

How do you ‘prove’ that you’ve been deserted?

Desertion is rarely used because it can be hard to prove as it relies on proving the intent to 'desert' was there. You must provide proof that there was mental intent to divorce throughout the two years. This is tricky to do and is one of the reasons why most people tend to use either two years separation, five years separation or unreasonable behaviour as the fact to rely on for divorce/dissolution. Here’s a quick breakdown of these reasons so you can see if they are more relevant to you:

You can use Two years separation with consent as the 'fact' or 'grounds for divorce' if you both agree that the marriage has broken down without any chance of repair and you have been separated for two years.
Five years separation can be used if you’ve been separated for five years. The difference with this one is that you can start proceedings without the other person agreeing to the divorce, as this grounds for divorce doesn’t rely on consent.
Adultery can be used as the 'fact' or 'grounds for divorce' if one person in a marriage has sexual intercourse with someone of opposite sex. However, the one who has committed the adultery must agree to using this as the grounds for divorce.
Unreasonable Behaviour can be used as the reason for a divorce if the behaviour has negatively affected the other person in such a way that the marriage can’t recover. For example, verbal abuse, lack of emotional support or limited socialising as a couple.

If you 're looking for more examples of unreasonable behaviour, read our blog on using unreasonable behaviour as a 'fact' or ' grounds for divorce '.

Do I need the other person’s permission to start the divorce process?

No, you can start proceedings without the consent of your ex, however, as desertion is difficult to prove, it may be worth choosing unreasonable behaviour or if you’ve been separated for more than five years, using five years separation .

What if I’m not in touch with my ex?**

If you have an address for your ex you can start proceedings. If you don’t know where your ex is and can’t get in touch with them at all, not even online etc, the courts will want to see that you have attempted to get in contact with them. Get in touch for more advice on this part by booking a free 15-minute call with one of our experts here .

How does desertion affect the divorce/dissolution paperwork.

The petition:.

If desertion is used as the grounds for divorce/dissolution, then the petitioner (the person filing for divorce) must include a short statement providing the circumstances and the date that their spouse / civil partner left without their consent.

The acknowledgement of service:

The respondent (the person responding to the petition) can choose to defend the divorce on this form, if they do not agree with desertion being used as the 'fact' or 'grounds for divorce'.

The decree nisi:

The decree nisi is comprised of the D84 and D80 form. If you have used desertion, the D84 form is the same regardless of the grounds, however, the D80 form changes. For desertion, it’s the D80 C form.

The decree absolute:

The final stage of the divorce is the decree absolute and does not change depending on the 'fact' used. Read our blog on the decree absolute for more information about this.

What qualifies spousal abandonment?

Desertion is hard to prove, but if your ex has left you without your agreement for a period of at least two years then you may be entitled to use desertion as your 'fact' or 'grounds for divorce/dissolution. As desertion is hard to prove, it may be better to use unreasonable behaviour.

How long is desertion in marriage?

To use desertion as a 'grounds for divorce', your partner must have left without your consent for at least a two year period.

Does moving out affect divorce?

If you move out, your ex could use this as an example of unreasonable behaviour and vice versa. This alone doesn’t necessarily have a bearing on the divorce, however coupled with further unreasonable behaviour points it could.

For more advice on using desertion as the grounds for divorce, book a free 15-minute call with one of our experts here .

Hannah Hodgkinson was Head of Marketing at amicable. Hannah has over six years experience working for global NGOs and private consultancies and has a passion for marketing for companies with a social purpose.

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Comments ( 9 )

Divorce based on desertition my (ex) wife left me 10 years ago to return to South Africa. We have had no contact & she has taken all documentation with her. How do I final for a divorce

Hi Brian, you can use five years separation or desertion as the reason for the divorce. If you do not have an address for your ex you will have to fill out some more paperwork to prove to the court that you have tried every means necessary to contact your ex. You will also need a marriage certificate. If you don’t have an original you can order a new one via the government website. Feel free to contact us if you need any more assistance – 0203 004 4695.

My husband left me July 2017. When I tried to file for divorce, the website suggests it should be 2 years ( which is not in my case). Do I have to wait another 8 months until July 2019 to be able to file for a divorce?

Me and my husband have no contact whatsoever, he left in 2013 , 10 months later I found out through mutual friend that he has got married in Indonesia as law there allows multiple marriage. We have child together who does not even know him as he was only 10 months when he left. I ve been trying to get divorce on adultery grounds.Unfortunately court did not accept it as there was not enough evidence. Now I am trying to amend divorce petition but a I am stuck as I don’t know what reason should I use.Desertation? Or 5 years separation?just to add that I have applied for divorce in 2016 so even tho there is 5 years from the day he left there is only 2,5 years since application was made.

Hi I’ve been separated from my husband since 2015. I cant find him so don’t know how to go about getting a divorce. He’s not on the electoral role and nobody will tell me where he’s living. How do I go about doing a private divorce myself through the courts if I can’t find him. Can you please advise

Thanks for sharing these tips! I am sure your tips really helpful!

Hi Hanna I was married 3 ago in Antigua, it is not legally registered in U.K. I live in Spain. My wife returned to U.K. 2 weeks ago. I have informed her the marriage is over. All assets are in my name, she has never played 1 penny towards anything in our time together. 1. Can she divorce on grounds of desertion? 2. She is asking for £10,000 for each year of marriage. Is that a reasonable amount considering the financial backround? She says that is the legal advice she has been given. Vince

Currently, me and my ex separate since March 2019. I try to contact her few times for an agreement, however, I can't receive any her response. And she does not tell me her current address. So how can I apply divorce, unreasonable behaviour or wait for until 2 years separation.

Hi me and my has been separated for 1year now and suddenly she moved out of the country to EU country and I don't have any of her address I tried to reach out in chat to know where she is but she wouldn't say anything of her where about and my children How can I filled a positive divorce petition?

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DIVORCE & DESERTION: WHAT TO CONSIDER

Before the Divorce, Dissolution and Separation Act (DDSA) 2020 came into force on 6 April 2022, the divorce law under the Matrimonial Causes Act (MCA) 1973 provided one ground for divorce. This ground was that the marriage had broken down irretrievably and it still applies. However, it previously had to be proven by the petitioning spouse selecting one of five facts to evidence the breakdown of the marriage.

The Old Law – Desertion

One of the five facts to prove the irretrievable breakdown of marriage under the MCA 1973 was desertion.

There was no set definition for desertion, but it was considered by judges to mean that one spouse or civil partner had left the family home without reasonable cause or the consent of the other party. The spouse or civil partner who left also had to have had the intention to end the marriage with the other party. It was therefore not just the physical separation that was required.

To prove an irretrievable breakdown, the court must have been satisfied that the desertion had been ongoing for at least a continuous two-year period before the petition could be filed. If during this two-year period, the couple lived together again for more than six months, the two-year period would have to restart.

Desertion would only begin where there was an intention to desert. If the couple were simply living separately due to work or familial circumstances, then this was not considered to be desertion. If there was a genuine proposal to resume cohabitation together at any time during the two-year period, desertion could not be relied upon as a fact in the divorce. Hence, cohabitation in the marriage must have been intended to end permanently.

What Are The Common Reasons for Desertion?

In our experience, some of the common reasons that were usually associated with desertion were:

Animosity – the couple may simply not have been on good terms with each other and there may have been a lack of effort being put into the relationship. If they were unable to maintain a healthy and stable relationship, one party may have deserted the other if they intended to leave the relationship permanently.
Infidelity – where there had been infidelity in the relationship, it may have been difficult for the couple to remain together.
Finances – at times, there are situations where a couple struggle with their finances and are unable to earn enough income to meet their needs. If these kinds of circumstances become too much, one party may have deserted the relationship to escape from the situation.

The DDSA 2020

The law has changed since the DDSA 2020 came into force. The irretrievable breakdown of the marriage remains the only ground for divorce but there is now no requirement to prove this based on one of five facts. This is referred to as the ‘ no fault divorce ’ process as couples do not need to apportion blame for the cause of the divorce.

As long as the couple have been married for at least a year, they can apply for a divorce. It is a much simpler process and applications can be made online using the HMCTS service . The DDSA 2020 has also allowed couples to end their marriage amicably and jointly if they would like, though the option to make a sole application still remains.

Co-Parenting After Desertion

Co-parenting is where both parents share the responsibilities of raising their children together, despite the breakdown of their marriage. Where one parent has deserted the other, it can be very difficult to co-parent going forward.

However, there are ways that the couple can agree to work together for the benefit of their children. These include, but are not limited to:

Consistency – it is considered preferable for children to have a clear routine with both parents and to avoid last-minute changes, enabling them to feel more settled.
Flexibility – parents should try to be flexible and understand that there may be times when things will not go according to their plans, for example, delays or changes in schedules for one parent. Parents should endeavour to communicate well with each other in order to co-parent effectively in these situations.
Children first – parents should ensure their children are considered as the first priority and avoid involving them in any arguments as this has been proven to cause children harm. Proving there are no safeguarding concerns, it is best for children to spend time with both parents consistently.

Of course, if one parent has deserted the family in the general understanding of that word and does not wish to maintain a parenting relationship with the children, there is very little that the parent left behind can do. The Court is not able to force a parent to spend time with their children.

Financial Considerations

Where one parent has the main care of the children, the non-resident parent will be required to pay child maintenance on a regular basis. They may also be required to make interim maintenance payments during the divorce process until a final settlement is agreed. In cases where all contact has diminished between the parties and the non-resident parent refuses to pay any financial support, then the Court is able to make different orders for financial relief.

Final Thoughts

It is beneficial that couples no longer have to prove that their marriage has broken down and place blame as the divorce process can be commenced on a more amicable basis. The grounds for contesting a divorce application have also been reduced and therefore it is now very rare for the divorce to be contested.

Should one party desert the other, there may be financial consequences or practical consequences for child arrangements. This will, of course, depend on the nature of the desertion and all of the circumstances of the case.

If you would like to receive further advice about divorce or child matters, contact us at Rayden Solicitors.

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28th November 2023

Blog, Divorce

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Consequences of Abandonment and Desertion in Divorce
Abandonment means different things, depending the context—whether it's a ground for divorce or a criminal charge. Also, as with most issues connected to divorce, the specifics will depend on the laws in your state, including how the courts interpret those laws. Abandonment or Desertion as a Ground for Divorce. In order to get a divorce, you ...
What Is Desertion in Marriage & 5 Reasons Why It Occurs
2. It has become impossible for the husband or wife to stay in the marriage. This is a reason for constructive desertion in marriages. If a man has made living situations impossible and torturous for his wife, then his wife can abandon him on the grounds of constructive desertion. 3.
Grounds for Divorce Abandonment or Desertion
The desertion must go on for a long period of time, and the spouse must intend to leave permanently. A judge will weigh the individual circumstances of each case before deciding whether abandonment occurred. The laws defining abandonment (also called desertion in some sates) vary from state to state. In states like Utah, abandonment occurs when ...
A Guide to Spousal Abandonment and Divorce in 2024
2. Constructive Abandonment. If a spouse leaves a marriage because the other spouse has made conditions intolerable to stay, the person leaving the marriage can claim constructive abandonment. Suppose your spouse is abusive to you, has committed adultery, or has a chronic substance addiction problem.
What is Considered Desertion and How Does it Affect My Divorce?
If your spouse has walked out the door leaving you and your children behind, then that is considered "desertion," and in some states, it can be grounds for a fault divorce. In Missouri divorce law, you do not need grounds to divorce if you have been a resident for more than 90 days. Since it is a no-fault state, you can be granted a divorce ...
Abandonment and Desertion in Divorce
Abandonment is more common when one spouse wants to escape a bad marriage and instead of confronting the person and seeking a divorce this way, he or she will leave the property and let the other party seek a divorce because of the long period of desertion. While the abandonment is not a separation, the courts may use the time of the desertion ...
Abandonment, Desertion, and Separation in Divorce
A permanent solution for such couples is getting a divorce. But before a couple reaches the divorce stage, they often live separately. Separation, abandonment, and desertion are sometimes used interchangeably to mean a couple no longer lives in one home. But the terms mean different things. Abandonment, Desertion, And Separation
Spousal Desertion
The abandonment also does not constitute separation, and if the state requires this, an additional number of months or years will add to the initial year or more of desertion for a valid divorce. Legal Support with Desertion in a Divorce The person seeking the divorce will need valid grounds in the state that requires fault divorce.
Abandonment and Desertion in Divorce
Abandonment, or desertion in marriage, is considered an at fault basis for divorce, which means that you have to establish that the other person did something wrong in order to proceed on this ground. If successful, the person who left can be determined to be at fault for the dissolution of the marriage, creating difficulties for the other ...
Marital Abandonment
Marital abandonment refers to a situation in which one spouse severs ties with the family, forsaking his or her responsibilities and duties to the family. Simply moving out of the family home in an attempt to create a temporary or permanent separation is not considered abandonment. The difference is often seen in the person's refusal to ...
Desertion In Divorce: 7 Reasons Why It Happens & What to Do
Here are seven reasons why desertion may occur in a divorce, and what you can do about it: 1. Infidelity - one of the most common reasons for desertion is infidelity. If one spouse cheats on the other, it can lead to feelings of anger, betrayal, and hurt, which may cause the aggrieved spouse to leave. 2. Physical or emotional abuse - if one ...
Desertion as Grounds for Divorce
Desertion in divorce: In Massachusetts, by statute, desertion of a spouse is a fault ground for divorce. If you've essentially been abandoned by your spouse, this may be grounds for your divorce. The applicable statute reads: "A divorce from the bond of matrimony may be adjudged for…utter desertion continued for one year next prior to the ...
Willful Abandonment in a Divorce
Willful Abandonment and Custody. When the spouse that remains after abandonment has a child from the marriage, he or she can petition the courts for full and sole custody without any regard for the other parent. Willful abandonment involves the leaving of the youth with the other parent and without any monetary support in most of these situations.
Divorce and Moving Out
For desertion to be grounds for an absolute divorce, it must be complete. By definition, abandonment or desertion must: Last 12 months without interruption (even one night together can negate desertion claims) Be willful and malicious; Go beyond any reasonable expectation of reconciliation
How Does Abandonment in Marriage Affect Divorce Issues?
3. Division of property and alimony. Another significant aspect of figuring out how does abandonment affects a divorce is the topic of rights over the marital estate and alimony. Often, people think that if they leave their marital home before filing for divorce, they lose their rights to the marital home and alimony.
In A Divorce, What Counts As Desertion Or Abandonment? Are They The
While desertion and abandonment are usually used interchangeably in divorce cases, there is actually a distinction between the two. "Desertion" is the breach of the duties stemming from being married. First, there must be a break from living together as spouses ("cohabitation"). Second, there must be intent to desert in the mind of the ...
Desertion and Abandonment as VA Grounds for Divorce
There are several: adultery, sodomy, buggery, cruelty, apprehension of bodily hurt, desertion, abandonment, and felony conviction. With the exception of adultery, all of the fault based grounds for divorce also carry with them the requirement that the parties must be separated for a year before the divorce can be finalized.
Spousal Abandonment: What Happens if I Leave?
Like many facets of family law, abandonment has two sides. Spousal abandonment, also known as desertion, refers to the deliberate abandonment of a spouse with the intention of ending the marriage and without justification. In order to be granted an absolute divorce in Maryland on the ground of desertion, the desertion has to continue for 12 ...
Constructive Desertion as Grounds for VA Divorce
Constructive desertion means that your spouse made the living situation in the home so intolerable that you were forced to leave it. There's a catch, of course. It's not a defense you'd allege, if you left the home and then he filed for divorce using your desertion or abandonment against you. It's a ground for divorce on its own, and ...
desertion
Desertion is willful abandonment of a person's duties or obligations, especially to a spouse or child.Some common uses of the term desertion in a legal sense include: Desertion is a ground for divorce in states with fault divorce.In the context of divorce, cases such as this one from Virginia explain that "Desertion occurs when one spouse breaks off marital cohabitation with the intent to ...
Desertion as a Ground for Divorce Guide
Desertion can be a difficult ground to use for divorce since various elements have to be proved for it to succeed. It may be advisable to use another ground such as unreasonable behaviour if that is available. The respondent needs to have deserted the petitioner for at least two years before they can apply for divorce.
Desertion
Adultery can be used as the 'fact' or 'grounds for divorce' if one person in a marriage has sexual intercourse with someone of opposite sex. However, the one who has committed the adultery must agree to using this as the grounds for divorce. Unreasonable Behaviour can be used as the reason for a divorce if the behaviour has negatively affected ...
DIVORCE & DESERTION: WHAT TO CONSIDER
The Old Law - Desertion. One of the five facts to prove the irretrievable breakdown of marriage under the MCA 1973 was desertion. There was no set definition for desertion, but it was considered by judges to mean that one spouse or civil partner had left the family home without reasonable cause or the consent of the other party.