Desertion, as it pertains to dissolution of marriage proceedings within the state, refers to a situation where one spouse voluntarily leaves the marital home with the intent to end the marriage, without the consent of the other spouse, and remains absent for a statutorily defined period. For instance, if an individual permanently moves out of the shared residence, ceasing all marital relations and support, and establishes a new life elsewhere, this action could potentially form the basis for a claim of desertion in a divorce action. The length of this absence must meet specific legal requirements.
Establishing grounds based on desertion can offer certain advantages in marital dissolution cases. It can provide a clear and potentially less acrimonious path to ending the marriage, particularly when one party is unwilling to participate in the proceedings. Historically, proving abandonment was a key route to obtaining a divorce when no-fault options were less prevalent, offering a legal basis for dissolution even if neither party was willing to acknowledge wrongdoing. It also could potentially impact decisions related to asset division or alimony, though these outcomes are subject to judicial discretion and the specific facts of each case.
