desertion legal meaning

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The act by which a person abandons and forsakes, without justification, a condition of public, social, or family life, renouncing its responsibilities and evading its duties. A willful Abandonment of an employment or duty in violation of a legal or moral obligation.

Criminal desertion is a husband's or wife's abandonment or willful failure without Just Cause to provide for the care, protection, or support of a spouse who is in ill health or necessitous circumstances.

Desertion, which is called abandonment in some statutes, is a Divorce ground in a majority of states. Most statutes mandate that the abandonment continue for a certain period of time before a divorce action may be commenced. The length of this period varies between one and five years; it is most commonly one year. The period of separation must be continuous and uninterrupted. In addition, proof that the departed spouse left without the consent of the other spouse is required in most states.

Ordinarily, proof of desertion is a clear-cut factual matter. Courts generally require evidence that the departure was voluntary and that the deserted husband or wife in no way provoked or agreed to the abandonment. Constructive desertion occurs when one party makes life so intolerable for his or her spouse that the spouse has no real choice but to leave the marital home. For an individual to have legal justification for departing, it is often required that the spouse act so wrongfully as to constitute grounds for divorce. For example, a wife might leave her husband if she finds that he is guilty of Adultery .

In desertion cases, it is not necessary to prove the emotional state of the abandoning spouse, but only the intent to break off matrimonial ties with no animus revertendi, the intention to return.

Mere separation does not constitute desertion if a Husband and Wife agree that they cannot cohabit harmoniously. Sexual relations between the parties must be totally severed during the period of separation. If two people live apart from one another but meet on a regular basis for sex, this does not constitute desertion. State law dictates whether or not an infrequent meeting for sexual relations amounts to an interruption of the period required for desertion. Some statutes provide that an occasional act of sexual intercourse terminates the period only if the husband and wife are attempting reconciliation.

Unintentional abandonment is not desertion. For example, if a man is missing in action while serving in the Armed Services , his wife may not obtain a divorce on desertion grounds since her spouse did not intend to leave his family and flee the marital relationship. The Common Law allows an individual to presume that a spouse is dead if the spouse is unexplainably absent for a seven-year period. If the spouse returns at any time, the marriage remains intact under common law.

Laws that embody the Enoch Arden Doctrine grant a divorce if evidence establishes that an individual's spouse has vanished and cannot be found through diligent efforts. A particular period of time must elapse. Sometimes, if conditions evidencing death can be exhibited, a divorce may be granted prior to the expiration of the time specified by law.

In some jurisdictions, the law is stringent regarding divorce grounds. In such instances, an Enoch Arden decree might be labeled a dissolution of the marriage rather than a divorce.

Upon the granting of an Enoch Arden decree, the marriage is terminated regardless of whether or not the absent spouse returns. Generally, the court provides that the plaintiff must show precisely what has been done to locate the missing person. Efforts to find the absent spouse might include inquiries made to friends or relatives to determine if they have had contact with the missing spouse, or checking public records for such documents as a marriage license, death certificate, tax returns, or application for Social Security in locations where the individual is known to have resided.

Desertion is frequently coupled with non-support, which is a failure to provide monetary resources for those to whom such an obligation is due. Nonsupport is a crime in a majority of states but prosecutions are uncommon.

n. the act of abandoning, particularly leaving one's spouse and/or children without an intent to return. In desertion cases it is often expected that a deserter who is the family breadwinner may not intend to support the family he/she left. Such conduct is less significant legally in the present era of no-fault divorce and standardized rights to child support and alimony (spousal support). Desertion can influence a court in determining visitation, custody and other post-marital issues.

DESERTION, crim. law. An offence which consists in the abandonment of the public service, in the army or navy, without leave.      2. The Act of March 16, 1802, s. 19, enacts, that if any non- commissioned officer, musician, or private, shall desert the service of the United States, he shall, in addition to the penalties mentioned in the rules and articles of war, be liable to serve for and during such period as shall, with the time he may have served previous to his desertion, amount to the full term of his enlistment; and such soldier shall and may be tried by a court-martial, and punished, although the term of his enlistment may have elapsed previous to his being apprehended or tried.      3. By the articles of war, it is enacted, that "any non-commissioned officer or soldier who shall, without leave from his commanding officer, absent himself from his troop, company, or detachment, shall, upon being convicted thereof, be punished, according to the nature of his offence, at the discretion of a court-martial." Art. 21.      4. By the articles for the government of the navy, art. 16, it is enacted, that "if any person in the navy shall desert to an enemy, or rebel, he shall suffer death;" and by art. 17, "if any person in the navy shall desert, or shall entice others to desert, he shall suffer death, or such other punishment as a court-martial shall adjudge."

DESERTION, torts. The act by which a man abandons his wife and children, or either of them.      2. On proof of desertion, the courts possess the power to grant the 'Wife, or such children as have been deserted, alimony (q.v.)

DESERTION, MALICIOUS. The act of a husband or wife, in leaving a consort, without just cause, for the purpose of causing a perpetual separation. Vide Abandonment, malicious.

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10 U.S. Code § 885 - Art. 85. Desertion

In subsection (a), the word “unit” is substituted for the words “place of service” to conform to clause (2) of this section and section 886(3) of this title . The word “proper” is omitted as surplusage.

In subsection (b), the word “commissioned” is inserted for clarity. The word “before” is substituted for the words “prior to”. The words “its acceptance” are substituted for the words “the acceptance of the same”. The words “after tender of” are substituted for the words “having tendered” for clarity. The word “due” is omitted as surplusage.

In subsection (c), the words “attempt to desert” are substituted for the words “attempted desertion”.

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DESERTION Definition & Legal Meaning

Definition & citations:.

The act by which a person abandons and forsakes, without justification ,or unauthorized, a station or condition of public or social life, renouncing its responsibilities and evading its duties.In matrimonial and divorce law. An actual abandonment or breaking off of matrimonial cohabitation, by either of the parties, and a renouncing or refusal of the duties and obligations of the relation, with an intent to abandon or forsake entirely and not to return to or resume marital relations, occurring without legal justification either In the consent or the wrongful conduct of the other party. State v. Baker, 112 La. SOI, 3GSouth. 703; Bailey v. Bailey, 21 Grat. (Va.) 47; Ingersoll v. Ingersoll, 49 Pa. 250, 88Am. Dec. 500; Droege v. Droege, 55 Mo. App. 482; Bar- nett v. Barnett, 27 Ind. App.400, 01 N. E. 737; Williams v. Williams, 130 N. Y. 193, 29 N. E. 98, 14 L. R. A. 220, 27Am. St Rep. 517; Magrath v. Magrath, 103 Mass. 579. 4 Am. Rep. 579; Cass v. Cass, 31N. J. Eq. 020; Ogilvie v. Ogilvie, 37 Or. 171, 01 Pac. 027 ; Tirrell v. Tirrell. 72 Conn.507, 45 Atl. 153, 47 L. R. A. 750; State v. Weber, 48 Mo. App. 504. In military law . An offense which consists in the abandonment of his post and duties by a person commissioned or enlisted in the army or navy, without leave and with the intention not to return. Hollingsworth v. Shaw, 19 Ohio St. 432, 2 Am. Rep.411;In re Sutherland (D. C.) 53 Fed. 551. There is a difference between desertion and simple “absence without leave;” in order to constitute the former, there must be an intention not to return to the service. Hanson v. South Seituate, 115 Mass. 330. In maritime law . The act by which a seaman deserts and abandons a ship or vessel, in which he had engaged to perform a voyage, before the expiration of his time, and without leave. By desertion, in the maritime law , is meant, not a mere unauthorized absence from the ship without leave, but an unauthorized absence from the ship, with an intention not to return to her service, or, as it is often expressed, animo nonrevertendi; that is, with an intention to desert. Coffin v. Jenkins, 3 Story, 108, Fed. Cas.No. 2,948; The Union (D. C.) 20 Fed. 539; The Mary C. Conner.v (D. C.) 9 Fed. 223; The George, 10 Fed. Cas. 204.

This article contains general legal information but does not constitute professional legal advice for your particular situation. The Law Dictionary is not a law firm, and this page does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

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Abandonment and Desertion Laws

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  What Does “Abandonment and Desertion” Mean in Family Law?

Abandonment, also known as desertion, is a term used to form the basis of certain proceedings in family law , namely, fault-based divorce or legal separation . 

In general, abandonment occurs when one spouse decides to move out of the family home without warning. Usually, the non-abandoning spouse will then have to prove that their spouse abandoned them.

The court considers many other factors to determine whether the abandoning spouse’s actions constitute abandonment. However, the primary factor they look at is how long the spouse has been gone from the home. Most states require a period of at least a year.

As is found to be the case with many issues in family law, the laws for abandonment and desertion can vary from state to state. For example, California is solely a no-fault state, which means the only grounds available for filing a divorce are no-fault reasons. 

Illinois, on the other hand, has both fault-based and no-fault elements available when filing for a divorce. Therefore, filing for divorce based on the grounds of abandonment will produce different results in each of the respective states. 

Is There a Difference Between Abandonment and Desertion Laws?

What is needed to prove abandonment and desertion, what is the difference between divorce based on abandonment and no-fault divorce, do i need a lawyer for help with abandonment and desertion issues.

Some states make a distinction between the terms “abandonment” and “desertion.” For instance, in some jurisdictions, the abandoning spouse must also possess the intention to never return to the family home for it to be considered desertion. With an abandonment claim, however, this requirement may not exist. 

Additionally, some states require different time frames for whether abandonment or desertion can be asserted. In other states, the law may require that there is no evidence the spouses were ever separated prior to the abandonment incident. 

Again, the differences between the terms depend on the state where the divorce is being filed.

Regardless, of how state laws define the differences between the terms, abandonment and desertion, both typically involve the same elements of proof. These may include:

• One spouse has physically left the other, and is no longer living with the other spouse in their shared home;
• The abandoning spouse has not only moved, but also has failed to support the non-abandoning spouse financially; and
• The abandoning spouse refuses to engage in sexual intercourse without having justifiable reasons. (Though this type is referred to as “constructive” abandonment or desertion. It means the spouse has abandoned the spirit of marriage, not that they physically left). 

As aforementioned, the most important factor when proving abandonment or desertion is the time period. Essentially, the couple needs to be physically separated for at least a year in most states before a divorce based on abandonment or desertion can be filed.  

The time frame begins from the moment the abandoning spouse vacates the premises. If they move back in, however, this action could reset the clock in some states.

Depending on the jurisdiction, there are states that permit no-fault divorce, fault-based divorce , and some that allow both. Abandonment is normally considered grounds for a fault-based divorce. 

If the state falls under the rules of a no-fault divorce jurisdiction, it means that the couple can file for a divorce even if neither party is at fault. In such states, a couple might have a choice between filing for divorce under the no-fault category, or under the abandonment and desertion category.

Aside from the names of the categories, other differences may include:

•   Filing for a no-fault divorce is sometimes quicker than filing for a divorce based on abandonment or desertion. (Again, no-fault divorce is not available under certain circumstances, or in some states);
• The level of proof required is generally higher for abandonment and desertion claims, than it is for a no-fault divorce; and
• Although this fluctuates on a case-by-case basis, the overall cost of the legal proceedings for both may result in varied amounts.

Regardless of whether the situation calls for a no-fault divorce or a divorce filed on the grounds of abandonment, both often involve complex processes. Hiring an experienced divorce lawyer can make these types of procedures much easier to manage because they already know the best way to approach them. 

Filing for divorce can be a challenging life event, both legally and emotionally. When it comes to abandonment and desertion laws, hiring a divorce lawyer will not only help the process run smoother, but can also benefit you in protecting your own interests.

A divorce lawyer can provide you with valuable legal advice, guide you through filing requirements. They can also help determine whether there are better options available for how to split your assets. Most importantly, a lawyer can help make what may be an upsetting situation less draining.

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Jaclyn started at LegalMatch in October 2019. Her role entails writing legal articles for the law library division, located on the LegalMatch website. Prior to joining LegalMatch, Jaclyn was a paralegal and freelance writer. After several years of working for both criminal defense and entertainment law firms, she enrolled in law school. While in law school, her law journal note was selected for first-round publishing, and can be found on various legal research databases. Jaclyn holds a J.D. from Benjamin N. Cardozo School of Law, specializing in both intellectual property law and data law; and a B.A. from Fordham University, majoring in both Journalism and the Classics (Latin). You can learn more about Jaclyn here. Read More

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Desertion Legal Meaning and Definition

Here is a simplified definition of the legal term Desertion .

Desertion (noun): This legal term refers to the act of intentionally abandoning or withdrawing support from an individual (such as a spouse) or responsibility, especially without intention to return. In family law, desertion can impact various issues, such as child custody, visitation rights, and spousal support. Despite the prevalence of no-fault divorce, a deserter's actions can still have legal consequences.

Desertion Definition and Legal Meaning

On this page, you'll find the legal definition and meaning of Desertion , written in plain English, along with examples of how it is used.

What is Desertion?

n. The act of discarding. For instance, leaving one’s spouse without intending to return. When the deserter is the family breadwinner, it is expected that they will not return to support the family that he/she left. In an era of no-fault divorce and standardized child support rights, desertion if leally less significant. The deserter’s visitation rights, custody and other post-marital issues can be influenced by their actions.

History and Definition of Desertion

Desertion, in legal terms, refers to the act of leaving something or someone without intending to return, especially in situations of familial or spousal responsibility. Typically, desertion refers to a spouse leaving their partner without any intention of returning, which can have significant legal implications in terms of child custody and visitation rights. The term has been used in legal contexts for centuries, though its specific meaning and implications have evolved over time.

In the past, desertion was often viewed as a more serious offense, particularly when the deserter was the primary breadwinner of the family. However, with the rise of no-fault divorce and standardized child support rights, the legal significance of desertion has somewhat diminished. Nevertheless, the actions of the deserting party can still have implications for their post-marital rights and responsibilities.

Examples of Desertion

• John left his wife and children one day without explanation and was never heard from again.
• Mary claims that her husband deserted her after only six months of marriage, leaving her without any financial support.
• The court ruled that the father's failure to provide any financial support for his children constituted desertion, and he was ordered to pay child support.

Legal Terms Similar to Desertion

• Abandonment - the act of leaving or abandoning something or someone, often with no intention of returning or providing support
• Neglect - failure to provide necessary care or attention, often leading to harm or injury
• Alienation of Affection - a legal term used in some jurisdictions to describe the intentional breaking down of a marital relationship by a third party, typically resulting in one spouse "deserting" the other.

Legal Dictionary

Legal Definition and Related Resources of Desertion

Meaning of desertion, the abandonment of a relation or service in which one owes duties; the quitting wilfully and without right of one’s duties; the withdrawal , unexcused, from the obligations of some condition or status . see johnson v strickland, 76 s.e.2d 533, 88 ga.app. 281. in matrimonial law, the term denotes the separation or one spouse from the other with an intention on the part of the deserting spouse of bringing cohabitation permanently to an end, without reasonable cause and without the consent of the other spouse. to constitute desertion, two elements are required on the part of the deserting spouse, namely , the fact of separation and the . animus deserendi and on the side of the deserter’s spouse, one element, namely the absence of consent. see novak v novak, (d:c-.app.)212 a.2d341. it is not necessary that in all cases one spouse must have removed himself or herself from the matrimonial home . a wilful , total and unjustifiable suspension by one spouse of all marital duty and relationship would constitute legal desertion even though both parties remain in the same house . see ferine v ferine, 114 s.e. 871, 92 w. va. 530., desertion alternative definition, abandonment; the abandonment of a duty or of a person as to whom the deserter is charged with a duty; as desertion by a seaman, or a soldier, or by a husband of his wife. as a cause for divorce, is an unwarranted departure from the conjugal relation, intending not to return. the precise elements vary according to the statutes. in only one or two states is mere abstinence from sexual intercourse regarded as desertion. the voluntary separation of one of the married parties from the other, or the voluntary refusal to renew a suspended cohabitation, without justification either in the consent or the wrongful conduct of the other. 122 111. app. 225., synonyms of desertion.

• abandonment
• abandonment of allegiance
• absence without leave
• act of forsaking
• disaffection
• forswearing
• renouncement
• renunciation
• repudiation
• resignation
• unlawful departure
• willful abandonment
• Associated Concepts: constructive desertion
• willful desertion

Related Entries of Desertion in the Encyclopedia of Law Project

Browse or run a search for Desertion in the American Encyclopedia of Law , the Asian Encyclopedia of Law , the European Encyclopedia of Law , the UK Encyclopedia of Law or the Latin American and Spanish Encyclopedia of Law .

Desertion in Historical Law

You might be interested in the historical meaning of this term. Browse or search for Desertion in Historical Law in the Encyclopedia of Law .

Legal Abbreviations and Acronyms

Search for legal acronyms and/or abbreviations containing Desertion in the Legal Abbreviations and Acronyms Dictionary .

Related Legal Terms

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This definition of Desertion is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread .

Vocabularies (Semantic Web Information)

Desertion in law enforcement.

Main Entry: Law Enforcement in the Legal Dictionary . This section provides, in the context of Law Enforcement, a partial definition of desertion.

• Law Enforcement Officer
• Law Enforcement Agency

Further Reading

• desertion in A Dictionary of Law Enforcement (Oxford University Press)
• desertion in the Encyclopedia of Law Enforcement
• A Treatise on the Police of the Metropolis

English Legal System: Desertion

In the context of the English law, A Dictionary of Law provides the following legal concept of Desertion :

1. The failure by a husband or wife to cohabit with his or her spouse. Desertion usually takes the form of physically leaving the home, but this is not essential: there may be desertion although both parties live under the same roof, if all elements of a shared life (e.g. sexual intercourse, eating meals together) have ceased. Desertion must be a unilateral act carried out against the wishes of the other spouse, with the intention of bringing married life to an end (animus deserendi). If it is continuous for more than two years, it may be evidence that the marriage has irretrievably broken down and entitle the deserted spouse to a decree of *divorce.

See also constructive desertion

2. An offence against service law committed by a member of the armed forces who leaves or fails to attend at his unit, ship, or place of duty. He must either intend at the time to remain permanently absent from duty without lawful authority or subsequently form that intentio One who absents himself without leave to avoid service overseas or service before the enemy is also guilty of desertio

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UCMJ Article 85: Desertion

Military desertion is a concept as old as organized armies themselves. It is one that is taken extremely seriously by the authorities. “Desertion” refers to the act of a service member leaving their post or unit without permission and with the intent to remain away permanently. There are documented cases of desertion from United States military units dating back to the Revolutionary War. US soldiers have been executed on desertion charges as recently as World War II. Desertion is still considered an extremely serious offense under modern military codes. It remains punishable by harsh penalties such as imprisonment, dishonorable discharge, and forfeiture of pay.

Today, desertion is defined for United States military personnel under the Uniform Code of Military Justice ( UCMJ ) Article 85. This section of the UCMJ outlines the offense of desertion. It also specifies the circumstances under which a service member can be charged with it.

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A service member must do the following to be charged with desertion:

• Demonstrate a specific intent to deliberately abandon their duties.
• Take affirmative steps to leave their post or unit without proper authorization.
• Act against their orders with the intention of abandoning their post, unit, or duties permanently.

If you are facing charges of desertion, it is essential to consult with a qualified attorney who has experience in military law.

In a desertion case, a skilled criminal defense attorney can assist the accused party in a variety of ways:

• Help you understand the charges against you.
• Explain the differences between military and civilian charges.
• Outline all the potential consequences.
• Challenge the evidence brought against you.
• Make the argument that you did not demonstrate a provable intent to desert your post.
• Explore all your legal options and use them to develop a powerful defense strategy.
• Protect your legal rights.
• Minimize the impact of desertion charges on your career and personal life.

Desertion vs. AWOL

Desertion and Absent Without Leave ( AWOL ) are two related but distinct offenses under military law. Both involve the unauthorized absence of a service member. However, there are important differences between the two charges.

AWOL, also sometimes called Unauthorized Absence (UA), refers to a situation where a service member is absent from their duty station or leaves their unit without proper authorization. However, they have not demonstrated a clear intent to abandon their duties permanently. In short, the service member left without permission, but they likely intend to return to their post or unit. Sneaking off base for a single evening to attend an unauthorized event would be an example of going AWOL. Depending on the length of the absence and the circumstances, AWOL can be punished in several ways, including:

• Confinement
• Forfeiture of pay
• Reduction in rank

Desertion also involves the unauthorized absence of a service member. However, they have already demonstrated a clear intention to leave the military and abandon their duties permanently, or at least indefinitely. To be charged with desertion, the accused service member must have taken affirmative steps to leave without obtaining proper authorization. Due to its permanent nature, desertion is a more serious offense than going AWOL or UA. It is punishable by severe penalties, including:

• Imprisonment
• Dishonorable discharge
• Forfeiture of pay and allowances

Each of these terms has a clear definition with distinct differences. However, the real-world, practical distinction between AWOL and desertion can be a fine line in many cases. For one, the exact circumstances of each case can vary greatly, even within the distinct categories of desertion and AWOL. Although military courts streamline many aspects of the civilian legal process, they cannot eliminate complexity and nuance.

What Is Considered Desertion in the Military?

Desertion is a serious offense under the Uniform Code of Military Justice (UCMJ). It is defined under UCMJ Article 85 as the unauthorized absence of a service member with the intent to remain away permanently in avoidance of their mandated service. To prove desertion, the government must show that the accused had a specific intent to abandon their duties with no intent to return. They must also demonstrate that they planned such an action and took affirmative steps to leave without proper authorization.

Under UCMJ Article 85, there are three specific categories of desertion. Each has different criteria for proving the offense and different potential consequences:

• Desertion Prior to the Start of a Military Operation: The accused flees their unit while that unit has been called to engage in a military operation and is preparing for said deployment. To prosecute this type of desertion, the government must show that the accused left their unit or post. They must also demonstrate the intent to remain away permanently when called to engage in a military operation.
• Desertion During a Military Operation: The accused left their post with the intent to remain away permanently while their unit was actively engaged in a military operation. This is one of the more serious offenses possible under the military code. However, due to the mental, physical, and emotional stresses of being involved in active military engagements, it has also unfortunately been a regular occurrence throughout history.
• Desertion With Aggravating Circumstances: In this type of desertion case, the government prosecutor must show that the accused left their unit with the intent to remain away permanently. The difference here is that they will also try to prove that the accused’s absence resulted in serious, demonstrable danger to their fellow service members or to the mission. They may also attempt to show that the accused employed violence or coercion while carrying out their desertion.

What Is the Punishment for Desertion?

Desertion in any of its forms is a serious offense under the Uniform Code of Military Justice (UCMJ). It is thus punishable by harsh penalties for United States service members. The severity of the punishment will depend on the particular circumstances of the offense and the type of desertion committed.

Some of the more common punishment mechanisms for deserters in the US military can include:

• Dishonorable discharge from military service (will affect your ability to access important benefits for veterans in the future)
• Forfeiture of pay and allowances (may be ordered as a partial forfeiture or may apply to your entire paycheck)
• Confinement/imprisonment

In the most severe cases, the maximum possible punishment will be:

• Total forfeiture of all pay and allowances
• Confinement for life

In addition to criminal penalties, a service member convicted of desertion may also face significant indirect consequences. These include:

• Loss of veteran’s benefits
• Difficulty finding employment
• Damage to their reputation and future career prospects

Aaron Meyer Law Can Help

If you are facing charges of desertion (or AWOL), you should consult with the highly qualified team at Aaron Meyer Law. We have broad experience in military, civil, and criminal law . We can become your close partner as you move through the next steps of the process. These steps will include:

• Understanding the charges against you and their possible consequences
• Analyzing all available evidence
• Exploring the full range of legal tools and tactics at your disposal
• Building a strong defense strategy to protect your legal rights
• Taking that strategy to court and deploying it effectively
• Minimizing the impact of any charges on your career and personal life

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Legal Dictionary

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Marital Abandonment

In law, the term “abandonment” may be used in a variety of legal issues, from contract law to real estate law, referring to the giving up or renunciation of an interest, privilege, possession , or right, with the intent of never reclaiming it. As the term applies to matters of Family Law , an individual may abandon a marriage, spouse, child, or property. While abandonment of a marriage or marital property is a civil matter to be dealt with in family court , abandonment of a child may also be a criminal offense for which the individual may face criminal charges. To explore this concept, consider the following marital abandonment definition.

Definition of Abandonment

• The giving up or withdrawal of support from something or someone
• The act of leaving or deserting a person or property

1325-1375        Middle French abandoner

Walking Away and 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 provide necessary support, whether financial or otherwise, with no intention to return, or to fulfill those responsibilities. In most states, the remaining spouse has no financial responsibility to the abandoning spouse.

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

Marital abandonment does not necessarily refer to a spouse leaving the home, but may be accomplished when one spouse forces the other to leave through bad behavior. If one spouse intentionally makes life insufferable for the other, giving the other spouse no choice but to leave, he or she has committed constructive abandonment. Many acts or refusals may give legal grounds for a victim-spouse to leave the marriage and home. These may include:

• Physical, emotional, or mental cruelty
• Physical abuse
• Withholding sex
• Refusing to provide financial support

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

In most states, the fact that one spouse abandoned the marriage is not considered for the purpose of dividing marital assets . However, if one party leaves the residence without making an arrangement as to how the couple will pay the mortgage and other financial obligations, the remaining spouse may successfully argue to the court that the leaving party abandoned the marriage, and neglected the marital property and obligations. If the remaining spouse continued to pay the mortgage and other bills with no help from the abandoning spouse, it could create a very persuasive argument that the abandoning spouse should not be entitled to any equity that has accrued on the property, or possibly to the property itself.

In addition, most states’ statutes make a provision for either spouse who purposely wastes, neglects, destroys, or devalues the marital property, which may be taken into account by the family court judge when dividing the marital assets.

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.

In a circumstance in which a spouse who has been abandoned does not wish to file for divorce, the abandoned spouse may still request spousal support from the other party. Spousal support in an abandonment case with no divorce filed must be requested by the abandoned spouse through the local family court.

In the event an abandoned spouse has children with the other party, he or she may request a custody order from the court, establishing the children’s custodial parent . The abandoned spouse may also seek an order for child support from the other party. The specific process to file for custody and child support varies by jurisdiction . Contacting the local family court, or consulting with a family law attorney, is the best way to discover the correct process.

Related Legal Terms and Issues

• Financial Responsibility – The obligation of a parent to financially provide for the needs of a child.
• Marital Property – The property and money acquired by a couple during the course of their marriage.
• Custodial Parent – A parent given physical and/or legal custody of a child by order of the court.

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constructive desertion

Legal Definition of constructive desertion

Note: Constructive desertion, like desertion, is a ground for divorce.

Dictionary Entries Near constructive desertion

constructive delivery

constructive discharge

Cite this Entry

“Constructive desertion.” Merriam-Webster.com Legal Dictionary , Merriam-Webster, https://www.merriam-webster.com/legal/constructive%20desertion. Accessed 16 May. 2024.

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Meaning of desertion in English

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• backstabber
• break ranks idiom
• faithlessly
• faithlessness
• fifth column
• stab someone in the back idiom
• tergiversation
• throw someone to the lions idiom
• throw someone under the bus idiom
• treasonable
• unfaithfulness

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desertion | American Dictionary

Examples of desertion, translations of desertion.

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troubleshoot

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What Is Desertion in Marriage & 5 Reasons Why It Occurs

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

It is quite well-known that every romantic relationship , especially marriage, is characterized by various phases. After that wonderful honeymoon stage of the marriage or relationship is over , the complexity of marriage starts shining through.

But there is quite a distinct difference in the various consequences or outcomes that can stem from facing difficulties in marriages . There’s the occurrence of desertion in marriage.

Other grave consequences may include a separation between married partners and even divorce.

And although separation and divorce are two commonly heard concepts, what is desertion in marriage? What are the causes of desertion in marriage? Are there signs? What are the distinct differences between separation and desertion?

These are probably the most commonly asked questions regarding desertion in marriage.

If you want to learn more about desertion in marriage and other important concepts under desertion in marriage, just read on!

Desertion in marriage: What does it mean?

So, what does desertion mean in a marriage? Having a clear understanding of the concept of desertion in marriages is a great place to start.

Once you understand the legal meaning of desertion in marriages, it will be easier to grasp the other concepts related to desertion.

When a married individual wilfully abandons their obligations or duties, especially to their significant other (the partner married to them) or their child, it is called desertion in marriage.

Although every state or country has its definition of the concept of desertion in marriage, the aforementioned definition is a good general outline of the concept.

So, desertion by husband or wife happens when either one of the spouses leaves their family home and the relationship without letting their partner know about this . It happens suddenly and without the consent of the other spouse.

What further complicates the concept of desertion in marriages is the involvement of children in that marriage. Some states can charge the partner who has deserted the marriage with criminal abandonment.

If the spouse is charged with criminal abandonment, their partner can even use this charge as a solid ground for a fault divorce .

The differences between desertion and separation

One of the key differences between separation in marriage and desertion lies in the basic definition of these two terms.

• Desertion happens when one spouse leaves the marriage without consent or without communicating (about leaving) to the partner. Separation is different from desertion in marriage.

In separation, both partners involved in the marriage make a mutual decision about leaving. In separation, even if there isn’t a mutual agreement about leaving, the spouse that intends to leave informs the other partner.

• When it comes to desertion, the partner who has abandoned their significant other and children (if any) and quit their duties and obligations towards the family does not intend to return. 

When it comes to separation, it gets more complicated. Couples who are separating talk about how long they want to be separated. Separation can lead to a divorce , but that’s not the only possible outcome.

A couple may even decide to work on their differences and reunite after separation. When it comes to separation, important matters like childcare, finances, etc., are also discussed between married partners.

• Another significant difference between desertion in marriage and separation is the divorce aspect of these concepts. Desertion as a ground for divorce is a likely outcome of desertion if it is criminal desertion.

As already mentioned, divorce can be one of the outcomes of separation but not the only outcome of separation between married couples.

Desertion in marriage: How long is it?

Now that you’re well aware of what desertion is in marriage and how desertion grounds for divorce work, let’s take a look at how desertion lasts.

Desertion is a solid ground for a fault divorce is already mentioned. Divorce is one of the main outcomes of desertion in marriage. However, desertion or abandonment comes with its share of criteria.

Apart from the criteria already mentioned about desertion, another important criterion of desertion is the duration of such abandonment.

A vast majority of states have mandated that the abandonment by the spouse must last for a particular period to be granted desertion divorce. This duration of abandonment varies according to the state.

However, the period of abandonment must be continuous, and it usually varies between one year and five years . However, the most commonly mandated duration is a year.

Apart from the period of separation being continuous or uninterrupted, it is also essential to prove to the court that the abandonment occurred without the knowledge or consent of the spouse that has been abandoned.

The top signs of desertion

The peculiar thing about desertion is that it usually comes out of the blue. It is unexpected and shocking for the spouse and children (if any) if it happens. Therefore, it is quite difficult to be on the lookout for signs of desertion.

However, some definite signs of psychological abandonment can be identified in partners, which may serve as a precursor for desertion.

Let us now take a look at some of the top signs of psychological desertion in marriages. These signs include:

A prominent absence of physical togetherness

An imbalance in the amount of time dedicated to a marriage by the partners is difficult to deal with. If one partner dedicates a lot of their time and attention to the marriage but the other partner doesn’t, there is a prominent lack of physical togetherness.

If a partner feels like their spouse doesn’t care about them or the partner feels lonely or the only one in the marriage, these may all be signs of psychological abandonment.

Denial is a strong indicator of psychological abandonment

If a spouse resorts to denial for dealing with most of their issues, including relationship problems or marriage conflicts , then there is a high possibility that they might be psychologically abandoning their partner.

You feel that your partner is self-centered

If your partner has distanced themselves from you, which may be prominent from the absence of physical togetherness or the rampant usage of denial by your partner, you will begin to feel psychologically abandoned.

This happens because you feel your partner is in their own world, only thinking about themselves.

Silence and one-sided conversations are common

Communication will be another challenge in a marriage lacking any sort of intimacy . The partner who has been psychologically abandoned may feel like they have no one to talk to at all. The conversations may feel one-sided , and the silence may feel never-ending.

5 reasons why desertion occurs in marriages

Let’s take a look at some of the common causes of desertion in marriages:

1. The inability to get divorced in any other way

Although this reason for desertion might sound quite strange, it is possible. Desertion by a wife or husband can occur in situations where it is impossible to get a divorce.

For instance, if an individual is dealing with a partner who is extremely ill and needs constant care, the couple will most likely not be granted divorce by the court . So, in such cases, desertion can occur.

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. Physical cruelty and mental cruelty

Desertion in marriages also occurs if a spouse is being threatened and tortured physically and/or mentally and discussing separating is hence, out of the question.

4. Unforeseen financial issues

If a person who is responsible for financially supporting the family suddenly finds themselves unable to support their family because of unforeseen money problems , they may choose to escape from the situation.

The shame or feelings of inadequacy can push people to behave in unexpected ways.

5. Infidelity

Another popular cause of desertion is an extramarital affair (usually involving the spouse who will abandon the marriage).

How to effectively deal with desertion in marriages

Desertion can be heartbreaking. Check out the ways to deal with desertion:

Don’t blame yourself

When it comes to dealing with desertion in marriages, it is essential not to blame yourself for what has happened. Be patient with yourself.

Practice self-love

Being suddenly abandoned can hurt your self-esteem and confidence . But it isn’t on you. Remember that. Investing precious time in yourself is key. Focus on your own mental and physical health.

Opt for counseling

Apart from taking legal action, a great way to kick start your journey of self-care and self-growth is by opting for counseling. You can begin with counseling, but you can also consider psychotherapy .

Dealing with desertion in marriage is an uphill battle, but you can emerge victorious if you focus on yourself and work on yourself. Consider focusing on your mental health through therapy or counseling , and remember not to blame yourself.

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No, the House didn't pass bill to 'outlaw' the New Testament | Fact check

The claim: House passed bill to outlaw the New Testament

A May 3 Facebook post ( direct link , archive link ) shows a screenshot of a headline that claims federal lawmakers took steps to ban a religious text central to Christianity.

"US Congress House Passes Bill to Outlaw New Testament," the headline reads. Below it is text that reads, "The US House of Representatives passed the Antisemitism Awareness Act, but concerns arise over its potential restriction on the biblical portrayal of Jesus' crucifixion."

The post's caption reads, "Remember, they don't want to you (sic) reading the Bible!"

The post was shared more than 100 times in a week.

More from the Fact-Check Team: How we pick and research claims | Email newsletter | Facebook page

Our rating: False

The bill referenced in the post would not outlaw the New Testament, according to multiple legal experts. Instead, it would require the Department of Education to use a certain definition of antisemitism when it enforces federal anti-discrimination laws on college campuses.

Bill defines antisemitism in federal anti-discrimination law

In early May, the House approved legislation that, if enacted, would expand the definition of antisemitism that the Department of Education uses when it investigates discrimination against Jews on college campuses. It passed with some bipartisan support amid a wave of protests on college campuses over Israel's war in Gaza. The bill's fate in the Senate is uncertain, the Associated Press reported.

The legislation, called the Antisemitism Awareness Act , would apply the International Holocaust Remembrance Alliance 's definition of antisemitism to Title VI of the Civil Rights Act of 1964 , which prohibits discrimination based on "race, color and national origin in programs and activities receiving federal financial assistance." That includes all colleges and universities that receive federal funds.

In a post on X , formerly Twitter, Florida Rep. Marjorie Taylor Greene said before the vote she wouldn't support the legislation, claiming it "could convict Christians of antisemitism for believing the Gospel that Jesus was handed over to Herod to be crucified by the Jews." Similarly, Florida Rep. Matt Gaetz said in an X post that “the Gospel itself would meet the definition of antisemitism under the terms of the bill.”

Fact check : House condemned pro-Palestinian slogan in resolution, did not ban it

But Richard Painter , a University of Minnesota law professor, told USA TODAY that the legislation "doesn't outlaw the New Testament at all," nor would it ban the religious text from federally funded institutions.

"You're not banning something, you're conditioning federal funds on something," Painter said. "That's different than banning it."

While certain passages of the New Testament could potentially be interpreted in ways that fit the bill's definition of antisemitism, "that doesn't mean the New Testament itself would meet the definition of antisemitism," Painter said.

Jason Mazzone , a law professor at the University of Illinois, said there is no plausible way to interpret the legislation as banning the New Testament, even in a higher education setting.

"Title VI has never been understood to require schools and other recipients of federal funding to remove or prohibit from campus books on the basis that they may contain offensive material," Mazzone said. "Nothing in the Antisemitism Awareness Act newly imposes such a requirement. And if it did, it would be a clear violation of the First Amendment."

There is only one reference to the New Testament in the International Holocaust Remembrance Alliance's definition of antisemitism – in this example : "Using the symbols and images associated with classic antisemitism (e.g., claims of Jews killing Jesus or blood libel) to characterize Israel or Israelis."

The Anti-Defamation League and the United States Holocaust Memorial Museum both consider the claim that Jews killed Jesus to be an antisemitic myth used to justify violence against Jews for centuries. In 2011, Pope Benedict XVI wrote that there is no basis in scripture to support the claim that Jewish people as a whole were collectively responsible for Jesus' death, CBS News reported .

USA TODAY reached out to the social media user who shared the post for comment but did not immediately receive a response.

Our fact-check sources:

• Richard Painter , May 8, Phone interview with USA TODAY
• Jason Mazzone , May 9, Email exchange with USA TODAY
• Associated Press, May 1, House passes bill to expand definition of antisemitism amid growing campus protests over Gaza war
• The New York Times, May 2, Bill to Combat Antisemitism on Campuses Prompts Backlash From the Right
• Congress.gov, accessed May 10, H.R.6090 - Antisemitism Awareness Act of 2023
• International Holocaust Remembrance Alliance, accessed May 10, Working definition of antisemitism
• Justice Department, accessed May 10, Title VI of the Civil Rights Act of 1964

Thank you for supporting our journalism. You can subscribe to our print edition, ad-free app or e-newspaper here .

USA TODAY is a verified signatory of the International Fact-Checking Network, which requires a demonstrated commitment to nonpartisanship, fairness and transparency. Our fact-check work is supported in part by a grant from Meta .

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What congestion pricing would mean for the subways.

Congestion pricing revenue would go to pay for infrastructure, like modernizing signals that date back to the 1930s, if the program survives legal challenges.

By James Barron

Good morning. It’s Wednesday. Today we’ll take a closer look at the congestion pricing plan for Midtown and Lower Manhattan, which could become reality next month. We’ll also find out about New York City’s plan to revitalize the docks in Brooklyn.

The Metropolitan Transportation Authority, which runs the subways, knows exactly how to spend $1 billion.

That’s the amount it expects to collect every year from congestion pricing, its plan to charge drivers who take their cars south of 60th Street in Manhattan.

The agency has set June 30 as the date to turn on the equipment it installed months ago to read E-ZPasses and license plates on cars entering the congestion-pricing zone. It might not get to do so at that time. Several legal challenges have been filed in federal courts, including one brought by New Jersey officials. That case was argued before a judge in Newark last month and is likely to be decided before the tolls would take effect next month.

Three other lawsuits against congestion pricing will be heard in Federal District Court in Lower Manhattan on Friday. One involves a challenge by a group called New Yorkers Against Congestion Pricing Tax, which says that areas like the Lower East Side, East Harlem and the South Bronx will have more traffic and endure more pollution with congestion pricing. The other is filed by the teachers’ union, the United Federation of Teachers.

Either judge could order a last-minute delay.

Supporters of congestion pricing expect traffic and pollution in Midtown Manhattan to decrease. And if large trucks and cars stay away, buses could go faster than 5.9 miles per hour, the average speed in Manhattan in March, the most recent month for which the agency has posted data. So passengers who rely on buses to get where they are going would get there faster.

Opponents say it is a “cash-grabbing scheme.” Representative Josh Gottheimer of New Jersey, an outspoken foe of congestion pricing, has said that the tolls will raise far more money than the M.T.A. expects — as much as $3 billion annually.

Whatever the amount, the money from congestion pricing would mostly go toward what my colleague Winnie Hu called “unglamorous but essential work” underground, in the subways.

It is work that is not really optional, even though what the M.T.A. has in mind are the kinds of projects and purchases that were too often deferred in the past: maintaining a sprawling system with 665 miles of track.

The M.T.A. sees congestion pricing as the largest source of funding for its current $51.5 billion capital program. The emphasis is on repairing or replacing aging equipment, modernizing signals and making stations more accessible.

Some of the money would pay for new subway cars, but not just to make things nicer for riders. The older the fleet, the more vulnerable it is to breaking down. A breakdown during rush periods can cause delays — delays that can easily cascade to more than one line .

Infrastructure work takes time and is not always visible to passengers. Congestion pricing would pay for projects intended to make the subway system more reliable, including $3 billion to improve signals on the A and C lines in Brooklyn and on the B, D, F and M lines in Manhattan. They operate with a switching system that dates to the 1930s.

Andrew Rein, the president of the Citizens Budget Commission, a watchdog group, mentioned 2017, when the subway was plagued by delays in what became known as the “Summer of Hell.”

“We don’t want to return to that — or potentially much worse,” he told me. “If we don’t do this now, we risk the system crumbling around us.”

Expect rain and temperatures in the high 60s. At night, rain is likely to continue, with temperatures dropping to the upper 50s.

ALTERNATE-SIDE PARKING

In effect until May 27 (Memorial Day).

The latest New York news

At the trump trial.

Questioned by the defense: Michael Cohen, who was once Donald Trump’s personal lawyer, faced a fierce cross-examination as the defense tried to tear down the prosecution’s key witness .

Gag order upheld : Justice Juan Merchan’s gag order on Trump was upheld by a New York State appeals court, which found that Merchan had not violated Trump’s First Amendment rights.

Courtroom specs : A dimly lit room on the 15th floor of an Art Deco courthouse is the stage for the first criminal trial of a former American president. The courtroom is too small to contain all those wanting to catch a glimpse of the trial.

Other New York News

Robot in love : The actor Darren Criss will return to the Broadway stages as a robot in love in the original musical “Maybe Happy Ending .” It will begin previews in September.

Clooney on Broadway : George Clooney plans to make his Broadway debut next spring with the stage adaptation of his film “Good Night, and Good Luck.” The producing team announced on Monday the plan to stage the show next spring at a Shubert theater.

Proven education : A nonprofit job-training organization’s goal is to stimulate the creation and growth of programs proven to help low-income workers climb the economic ladder. The program is now urging New York legislators to pass a new regulatory model for job programs.

$95 million for the Brooklyn waterfront

Red Hook, Brooklyn, was once one of the busiest ports in the United States — and the kind of place that inspired “A View From the Bridge,” the Arthur Miller play about an Italian American longshoreman who takes in cousins who are illegal immigrants.

The Red Hook piers rotted over the years as Brooklyn was overtaken by container ship terminals on the New Jersey side of New York Harbor. Red Hook became a departure spot for cruise-ship passengers.

But now New York City plans to rebuild three dilapidated piers in Red Hook and add a crane for unloading freight there . To do so, Mayor Eric Adams announced that the city would take control of more than 100 acres of the Brooklyn waterfront and invest $80 million in improvements.

Gov. Kathy Hochul of New York said the state would invest an additional $15 million, bringing the total investment in the project to $95 million. The state money will go toward a cold-storage facility for perishable products that would arrive by water rather than on trucks.

“Narrow streets are clogged by delivery trucks that are here all day long,” Hochul said. “We want to find ways for these deliveries to occur without clogging the streets.”

Adams said he envisioned a waterfront community with housing and open space.

My colleague Patrick McGeehan writes that the key to unlocking Adams’s vision for the Red Hook waterfront is a deal with the Port Authority of New York and New Jersey, which controlled the 100 acres in question.

The Port Authority agreed to swap that land for control of a larger property on Staten Island, where it operates the Howland Hook cargo terminal. Adams described the deal as the largest real estate transaction involving city government in recent history, even though no money is changing hands.

METROPOLITAN diary

High-Tops Hanging

Dear Diary:

Strung from pole to pole,

wires gleam at dawn

like necklaces of gold,

and one that’s stretched

across the street bears

a pair of sneakers hung

by its shoestrings twined

as one, flung up there

in such a way that someone seems

to be stepping up stairs

to a realm — perhaps of dreams —

that’s set beyond the sun.

— Tom Furlong

Illustrated by Agnes Lee. Send submissions here and read more Metropolitan Diary here .

Glad we could get together here. See you tomorrow. — J.B.

P.S. Here’s today’s Mini Crossword and Spelling Bee . You can find all our puzzles here .

Francis Mateo, Ed Shanahan and Winnie Hu contributed to New York Today. You can reach the team at [email protected].

Sign up here to get this newsletter in your inbox.

James Barron writes the New York Today newsletter, a morning roundup of what’s happening in the city. More about James Barron

What a possible multibillion-dollar NCAA antitrust settlement means for college sports

Rece Davis joins Pat McAfee and discusses when colleges could start paying their athletes. (1:30)

• Covers the Big Ten
• Joined ESPN.com in 2014
• Graduate of the University of Notre Dame
• Pete Thamel

The NCAA and its schools are considering a proposed solution to one of the largest looming obstacles remaining for a landmark settlement of the association's antitrust cases , which could shape the future of major collegiate sports in America.

With the college sports industry aiming to avoid future antitrust lawsuits, the terms of a settlement would establish an annual process giving new players a chance to opt in or object to revenue-sharing terms currently being negotiated as part of the emerging framework for the future business model of the NCAA's top schools.

The NCAA and its most powerful conferences are in the thick of working toward settling the House v. NCAA case this month, with sources saying leagues are planning to vote on a proposed deal by May 23. ESPN spoke to more than a dozen legal and industry experts in college sports this week to better understand the ongoing negotiations.

The tentative terms of the settlement include the NCAA paying more than $2.7 billion in past damages as well as setting up a system for its most powerful conferences to share a portion of their revenue with athletes moving forward. One major obstacle to reaching a settlement has been finding a way for the NCAA and its schools to protect themselves from future lawsuits, including potential claims they would be colluding to cap player compensation without using a collective bargaining agreement.

Steve Berman, the co-lead counsel representing athletes in the House case, told ESPN he and his team have proposed a solution that would extend the class-action settlement on an annual basis. In this scenario, athletes would receive a notice each year providing them with the opportunity to object to the terms of the revenue-share agreement. Berman said those athletes would then have the chance to attend a hearing and persuade the judge that the revenue-share arrangement was unfair in order to push for a change.

"Each year we would have a hearing where any new athlete who wasn't previously bound [by the settlement] can come and object," Berman said. "They would have to come and say, 'I don't think this is fair.' That would be a hard burden to prove."

An NCAA spokesperson did not respond to a request for comment. Some athlete organizers say they are skeptical a rolling annual opt-in mechanism would be enough to dissuade future players from filing lawsuits to push for a bigger share of money in future years.

Sources say revenue sharing with athletes would begin, at the earliest, in the summer of 2025. The settlement would also serve to resolve three other active antitrust lawsuits against the NCAA.

The details of a settlement and their implications on how schools spend their money remain in flux. But with leagues expected to vote within the next two weeks, details are growing more clear as leaders in the industry weigh their options and sort through several remaining questions about how a future business model will work.

Why would an annual hearing be necessary?

In professional sports, the amount of revenue a league shares with its players is typically negotiated through a collective bargaining agreement between the league and a players' union. Collective bargaining agreements completed with a certified union are exempt from antitrust challenges in court. That legal protection would not apply, however, in college sports if athletes are not deemed to be employees when schools start sharing their revenue.

The NCAA and its schools have been firmly opposed to a model where athletes are viewed as employees.

There are multiple pending cases in front of the National Labor Relations Board where athletes and their advocates are arguing that players should be employees and have the right to unionize, but those cases could take years to reach a conclusion. Others such as the College Football Players Association -- one of several groups seeking to organize college athletes -- have proposed asking Congress to create a special status for college athletes that would allow them to collectively bargain without being employees. But again, Congress has been slow to reach consensus on any federal legislation that could help chart a course forward for college sports despite several years of requested help from the NCAA.

The current House case is a class-action lawsuit that applies to all current Division I college athletes. That means future college athletes would not be bound by the terms of a settlement reached this year. Berman and his colleagues are hoping that giving each incoming group of new players an option to join the class will provide the schools with enough confidence that their agreement will be hard to challenge with future litigation.

What are the chances of a settlement happening?

There are so many moving parts that nothing is definitive, but sources from both sides of the case appear to be optimistic they are making substantial progress toward a settlement.

The NCAA has worked furiously toward settling, including agreeing to pick up the more than $2.7 billion in past damages over the next 10 years. If the case goes to trial and a judge rules against the NCAA, the association and its schools could be on the hook for more than $4 billion in damages.

Sources told ESPN that NCAA president Charlie Baker was in Washington, D.C., on Thursday meeting with more than a half-dozen Senators, a previously scheduled trip where he's staying engaged with current Senate leaders about potential future legislation.

The belief in the industry is that all the power conferences have the majority votes to settle, which will be up to their schools' top administrators. There are a few individual schools that are skeptical of settling -- some of those overlap with the schools that supported the idea of forming a new "super league" that would radically reshape the entire structure of college athletics. While some believe a more complete overhaul is needed, sources told ESPN there's essentially zero chance of a super league emerging in the near future.

To the majority, the idea of a league deciding to battle Berman and fellow lead attorney Jeffrey Kessler in court and face billions in damages isn't too appetizing -- especially with the NCAA paying the back damages.

Here's the breakdown of the landscape, according to multiple industry sources: The Big Ten is generally on board with settling. The SEC has some detractors of settling but is trending to a majority. The Big 12 is expected to follow along. There's some dissension in the ACC, which has amplified why Florida State and Clemson are suing to leave the league, but sources say it's unlikely the ACC will end up voting against it.

It's also important to note here that a vote for settling doesn't mean all of the key details will have been ironed out. The notion of capping the size of a team's roster as part of this new business model, for example, has generated buzz in athletic director and coaching circles. But details like what a football roster would be capped at -- and the fate of walk-ons -- are not expected to be decided until after the vote, per sources.

"It's so early in that conversation, it's hard to speculate," a source said. "There's a lot more work there. You want to build consensus across multiple conferences."

Also, any potential help from Congress that Baker is courting wouldn't come until well after the settlement.

"It gives us a better hand to play with Congress," an industry source said. "They were looking for something from us. This injects a lot in that conversation. This is a good start."

How much money will schools be spending on future payments to athletes?

Sources told ESPN that while terms could change, the current proposal would create a spending cap for each power-conference school based on 22% of the average media rights, ticket sales and sponsorship revenue of each power-conference school. Sources say they expect that cap number to be nearly $20 million per school. Schools would not be required to spend that much money on their athletes but would have the option to share up to that $20 million figure with them.

The cap number could change every few years to reflect changes in the overall revenue of schools. It's not clear whether some money the schools already provide to their athletes -- such as an academic reward of roughly $6,000 commonly referred to as Alston payments -- would count toward that cap. Multiple sources did tell ESPN that donations from boosters are not included in the revenue formula.

How will they divide that money among their athletes?

There are no specific provisions in the proposed settlement that spell out how schools should distribute money to athletes, according to sources. Each individual school would be responsible for deciding which athletes to pay and sorting through the uncertainty around how that money would apply to Title IX regulations, per multiple sources.

Title IX requires colleges to provide equal opportunities for men and women to compete in varsity sports and provide equitable benefits to those athletes. The law, written long before athletes were earning money beyond their scholarships, does not clearly state how the federal government views direct payments to athletes. Does equitable treatment require a school to give the same dollar amount to men and women athletes in the new revenue-share model? Or would the payments be viewed more as a benefit that could be proportional to the money generated by each sport? Would scholarship dollars and additional revenue-share dollars be considered in the same financial category when balancing the Title IX ledgers?

"The truth is, no one knows," a source told ESPN on Friday.

While the Department of Education or Congress could provide answers proactively, neither has demonstrated any urgency to do so at this point. Specific interpretations of Title IX often come through litigation, and in this instance, a group of athletes might need to file a lawsuit about how their school is handling these direct payments to establish clarity.

Until then, the most conservative approach for schools to ensure Title IX compliance would mean evenly splitting the new revenue-share dollars between men and women athletes. Sources say some schools might try to balance the overall spending by increasing scholarship opportunities on their women's teams, but it remains unclear whether that would satisfy Title IX regulations. Others might seek a competitive advantage in football recruiting, for example, by arguing that equitable treatment for athletes in the case of revenue sharing should be based on the revenue their sports generate.

Sources also said the settlement won't require schools to share money with all athletes or share it evenly among athletes -- leaving those decisions up to individual athletic departments as well.

What happens to collectives and NIL payments?

According to a source, the settlement does not include any provision that would put an end to the booster collectives that currently serve as the main vehicle for paying athletes. School officials hope a settlement will create a way to strengthen the NCAA's ability to enforce its rules, including its rule that requires NIL payments to be for a player's market value as opposed to the current system, which frequently serves as a workaround for "pay-for-play" arrangements. However, drawing a distinction between those two types of payments would remain a difficult, nebulous task. Any attempt to completely eliminate the NIL collective market would take a substantial change in federal law provided by Congress.

The NCAA has created new rules this spring that allow schools to be more directly involved in finding NIL deals for their athletes. New state laws are also opening doors for the schools to use their own money to pay for an athlete's NIL rights as opposed to those funds coming from a third party. The extent to which each school continues to be involved in finding NIL opportunities for its athletes in a future with revenue sharing could vary significantly.

"The feeling in the industry is that collectives are going to be forced to stay outside the universities, and it will become more of a discrepancy of the haves and have-nots," said an industry source. "If you bring collectives in, any money raised would count toward the cap. But schools can hit the cap and still have collectives as third parties. That's the fear, and why there needs to be regulation."

What does this mean for major college basketball and leagues outside power conferences?

It's still relatively uncertain how this would impact major college basketball schools outside of the power conferences.

Schools in the Big East, which is the most prominent basketball-forward league in the country, haven't been given any formal guidance on how a settlement would trickle down to their level.

The prevailing sentiment is that leagues outside the power conferences named in the lawsuit, including basketball-forward leagues, will have the opportunity to opt into the same 22% revenue-share formula, which would be applied to their specific revenue.

The most expensive men's college basketball rosters heading into next season are commanding $5 million to $7 million in NIL payments, per sources. It's too early to determine whether leagues outside the power football conferences will be able to pay that much through revenue sharing.

The uncertainty about how the power conferences will settle the antitrust claims is leaving many administrators outside those leagues in what they describe as a difficult situation.

"All of the Group of 5 is in a wait-and-see mode, which is a precarious situation," one source told ESPN. "It is extremely tough to lead athletic departments, universities and conferences and plan for the future -- whether that be facilities, NIL, etc. -- when you have no seat at the table to make the rules that will impact you."

The judge in Trump's classified documents case just gave him exactly what he wanted — again

• Judge Aileen Cannon on Tuesday delayed Donald Trump's classified documents case indefinitely.
• Legal experts and political strategists say it's the latest win the Trump-appointed judge has handed him.
• It's also the latest example of one of Trump's cases being delayed potentially in his favor.

US District Judge Aileen Cannon handed former President Donald Trump yet another legal win when she delayed his classified documents case indefinitely on Tuesday.

Cannon, who was appointed by Trump, had previously scheduled jury selection for the case to begin on May 20. However, in her Tuesday order, she scheduled more than a dozen additional hearings and deadlines for lawyers through July so that she could rule on "myriad and interconnected pre-trial and CIPA issues," referencing the Classified Information Procedures Act, before the trial could begin.

Trump has been charged with 37 counts , including 31 alleged violations of the Espionage Act for "willful retention of national defense information," related to his handling of classified documents taken to his Mar-a-Lago club after leaving office. He has pleaded not guilty.

Legal experts and political strategists who spoke with Business Insider said the move wasn't a surprise since she has repeatedly sided with Trump on issues that have come up during the case's proceedings, throwing a wrench in special counsel Jack Smith's case. Smith's office declined to comment on the latest order.

"With Judge Canon reversing her own decision today, there is a high likelihood the case will get pushed out past the election," litigation and appeals attorney Katie Charleston, whose background in jury trials includes extensive experience reviewing government contracts and procedures, told BI.

If that's the case, and Trump is elected President again in November's presidential election, it's possible he could get rid of each of the cases brought by the Justice Department — meaning he could dodge this trial entirely.

It's just the latest legal win for Trump in the classified documents case handed to him by Cannon . Previously, she ruled that a special master should review the classified documents seized by the FBI from Mar-A-Lago, though the decision was ultimately reversed in a blistering opinion by the 11th Circuit Court of Appeals.

Related stories

Cannon has also previously denied the special counsel's request to hide the names of potential witnesses in the case, though legal experts earlier this year told BI that decision would also probably be overturned on appeal . Last month, Cannon agreed to the prosecutor's request to redact witness names, per the Associated Press, though she refused to prevent witness statements from being disclosed in pretrial motions.

CNN's chief legal affairs correspondent Paula Reid pointed out that Cannon's critics have questioned whether her favorable rulings to Trump are due to bias, inexperience, or "analysis paralysis." The US District Court of Southern Florida did not immediately respond to a request for comment.

"Judge Cannon has ruled in Trump's favor at almost every possible turn, so I'm not surprised that she delayed the trial indefinitely," Neama Rahmani, a former federal prosecutor, told BI following the latest trial delay. "She is inexperienced and seems in over her head. She's made a number of bizarre rulings that aren't supported by logic or the law, and she has already been overturned by the 11th Circuit multiple times."

Rahmani added that the delay is a significant benefit to the former president, "especially in the middle of another trial and the presidential campaign," making this ruling "yet another win for Trump in South Florida."

Ty Cobb, a former Trump White House attorney, told CNN on Tuesday that Cannon's latest decision was "a combination of bias and incompetence."

"I think it was always her objective, frankly, to prevent this from going to trial," he said.

On the political front, Cannon's decision galvanizes Trump's allies, according to Charlie Kolean, the chief strategist at RED PAC, which supports Republican candidates. Kolean told BI that to his supporters, the decision "proves Trump's point" that the prosecution is "a political witch hunt," indicating that Trump's supporters generally see the ruling as evidence that the law is on Trump's side.

While many legal experts have suggested that Cannon has offered Trump favorable treatment throughout the proceedings, the confidential information at hand in the case does require careful consideration, which means such delays are to be expected, according to attorney and legal analyst Tre Lovell.

But regardless of her intention, it's still a win for Trump, whose legal strategy in his four criminal cases is "delay, delay, delay," according to Doron Kalir, a professor at Cleveland State University College of Law.

It's just the latest example of one of Trump's trials getting delayed . The January 6 trial is on hold while the Supreme Court decides on presidential immunity, and the Georgia case was delayed due to allegations of a romantic relationship between DA Fani Willis and lead prosecutor Nathan Wade.

Trump's attorneys did not immediately respond to a request for comment from Business Insider.

In light of Cannon's latest delay, Kalir said it was not surprising given her prior actions on the case.

He also noted that Trump's lawyers have succeeded in delaying three of the four cases against him — the exception being the hush-money case which is currently at trial in New York — calling it "quite an impressive record!"

Watch: Here are all the trials Trump faces and how they could affect his election

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North Carolina may join other states in codifying antisemitism definition

North Carolina House Speaker Tim Moore explains his bill that seeks to define antisemitism at a press conference in the Legislative Building in Raleigh, N.C., on Wednesday, May 8, 2024. He said the bill would guide education in the state, in addition to how local prosecutors may evaluate antisemitic incidents. (AP Photo/Makiya Seminera)

Abby Lublin, the executive director of Carolina Jews for Justice, calls on lawmakers to vote no on the SHALOM Act outside of the Legislative Building in Raleigh, N.C., on Wednesday, May 8, 2024. The bill would add the International Holocaust Remembrance Alliance’s definition of antisemitism to state statutes. (AP Photo/Makiya Seminera)

Greensboro Jewish Federation CEO Glenda Bernhardt voices her support for the SHALOM Act at a press conference in the Legislative Building in Raleigh, N.C., on Wednesday, May 8, 2024. She cited a rise in antisemitic incidents as a principal reason why the legislation was needed. (AP Photo/Makiya Seminera)

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RALEIGH, N.C. (AP) — A bill seeking to officially define antisemitism in state law swiftly moved through the North Carolina House on Wednesday amid heated nationwide campus protests over the Israel-Hamas War .

A nearly unanimous House passed the SHALOM Act, a week after the U.S. House voted to codify the same antisemitism definition into the Civil Rights Act of 1964. But despite mostly bipartisan support, some groups in North Carolina have voiced concern that the bill could thwart criticism of Israel’s actions in the war.

After clearing the House chamber in one day, the bill awaits approval by the state Senate before going to Democratic Gov. Roy Cooper, who has not said publicly if he’ll sign it. Senate leader Phil Berger, a Republican, said last week he was open to giving the bill a hearing.

The act adopts the International Holocaust Remembrance Alliance’s definition of antisemitism, which is outlined as “a certain perception of Jews, which may be expressed as hatred toward Jews.”

It also includes several examples of antisemitism, such as the denial of Jewish people’s right to self-determination and applying double standards to Israel’s actions. Those examples have been the focus of concerns that the bill could hinder speech critical of Israel.

Aside from guiding education, the IHRA definition could also help law enforcement agencies and local prosecutors determine whether someone should be charged under hate crime laws already on the books, said Republican House Speaker Tim Moore, the primary bill sponsor who is running for Congress this fall. Those laws make it a crime to assault someone or deface property because of race, religion or nationality, and increase punishments for other crimes when committed based on similar types of bias.

Moore told reporters that the measure has been in the works for months since Hamas militants attacked Israel on Oct. 7 , killing about 1,200 people, mostly civilians, and sparking a war that has left more than 34,000 Palestinians dead, according to Gaza health officials.

But he said it’s taken on more urgency since the recent pro-Palestinian protests on North Carolina college campuses — especially at UNC-Chapel Hill — that have led to some violence and dozens of arrests. Moore said comments made by some demonstrators crossed the line and should be deemed as hateful and antisemitic.

“We have to deal with this, we have to be very clear: This will not be tolerated,” Moore said during floor debate in the House, which began its session two weeks ago Wednesday.

The push to define antisemitism in state laws across the country predates the October attacks. Since last year, bills with definitions have been signed into law in Arkansas, Georgia and South Dakota. One was vetoed by Indiana Gov. Eric Holcomb , who said he was concerned that people could be punished for criticizing Israel. Holcomb did sign a proclamation condemning antisemitism. Bills have been sent to the governors but not signed in Florida and South Carolina.

Some Jewish organizations joined Moore in expressing support for the measure before the vote.

“Jewish citizens in North Carolina deserve to feel safe and secure in visibly Jewish and public spaces,” said Greensboro Jewish Federation CEO Glenda Bernhardt. “We need a clear and agreed-upon definition of antisemitism so school administrators, law enforcement officers and public officials know how to respond appropriately.”

Bernhardt said there has been an increase in antisemitic incidents in North Carolina recently, including the bullying of Jewish students, harassment of Jewish-owned small businesses and graffiti on a Holocaust memorial in Greensboro.

Democrats in the legislature broadly supported the bill, including Rep. Caleb Rudow, who is Jewish. As someone who has experienced antisemitism himself, he said the act would keep Jewish people safe while still allowing political dissent.

Four Democrats voted against the bill, expressing concern that it could stifle protesters’ speech. They also said they were disappointed lawmakers didn’t pass more expansive hate crimes legislation.

Concerns over the SHALOM Act’s impact on protests were echoed in a news conference held by a multifaith coalition before the vote. Abby Lublin, executive director of Carolina Jews for Justice, said the bill would “do nothing to protect Jewish people.” Instead, Lublin called it a “messaging bill” that lacked the ability to take serious action against antisemitism.

“We take antisemitism seriously, not as a political stunt or as an opportunity to repress liberties,” Lublin said. “It actually needs to be approached seriously with the rigor that it deserves.”

Lela Ali, co-founder of Muslim Women For, a grassroots organization created to advocate for Muslim women in North Carolina, added that the legislation could disproportionately impact Arab and Muslim communities protesting the war in Gaza.

Associated Press writer Geoff Mulvihill in Cherry Hill, New Jersey, contributed to this report.