What is considered desertion?

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.

How long is desertion in a 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.

How do you prove constructive desertion?

Constructive desertion is when one spouse makes the household unlivable for the other spouse. Misconduct that qualifies constructive desertion can include domestic violence and excessive emotional harassment. Willful and continual refusal of sexual relations for 12 months can also contribute to constructive desertion.

What happens when a spouse abandons the home?

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.

How long after a spouse leaves is it considered abandonment?

A spouse who leaves the marital home after an argument and remains gone for days or even weeks has not legally abandoned the spouse if he or she returns. Spousal abandonment is a desertion without cause that continues for a specific length of time, usually one year.

What does willful desertion mean?

Willful desertion is the voluntary separation of one of the married parties from the other with intent to desert.

Can I sue my spouse for abandonment?

In most abandonment and desertion cases, you will need to prove that your spouse abandoned you for a specific period of time. You must prove that your spouse left at least 12 months before filing and, when doing so, did it willfully with intent to desert you.

What is considered desertion in a divorce?

Actual desertion has occurred if the deserting spouse abandons their marital home without giving any justification. In order to obtain a divorce based on actual desertion, the abandoned spouse must prove that: The deserting spouse intended to end the marriage. They are no longer living together or having sexual intercourse.

How long does constructive desertion last in a divorce?

The desertion has continued for 12 months, without interruption. If the deserted spouse can prove the above, he or she is entitled to divorce based on actual desertion. Constructive desertion occurs when one spouse forces the other spouse to leave the marital home through intolerable behavior.

Can a deserting spouse get a divorce in Texas?

In order to obtain a divorce based on actual desertion, the abandoned spouse must prove that: The deserting spouse intended to end the marriage. They are no longer living together or having sexual intercourse. The deserting spouse was not justified in leaving.

What is considered abandonment in a Utah divorce?

In states like Utah, abandonment occurs when one spouse willfully deserts the family—both physically and financially—for one year or more. Other states have even longer time periods before one spouse’s absence can be construed as desertion.