In Florida, dissolution of marriage proceedings can be initiated based on various grounds. One such ground pertains to circumstances where one spouse has intentionally and continuously been absent from the marital home. This absence must be for a specified duration, and the remaining spouse must demonstrate that the departing spouse intended to terminate the marital relationship through this act of desertion. For example, if a spouse leaves the shared residence without the other spouse’s consent and remains away for more than one year, with no intention of returning or providing support, this could form the basis for a divorce action on grounds of desertion.
The availability of this ground for divorce provides a legal recourse for individuals who have been effectively abandoned by their spouse. It allows them to formally end the marriage and address related issues such as property division and spousal support without requiring proof of other potential grounds, such as adultery or abuse. Historically, proving desertion was a primary means of obtaining a divorce, particularly in eras where other grounds were more difficult to establish or socially stigmatized. The continued existence of this legal pathway reflects the recognition that sustained, unexcused absence fundamentally undermines the marital relationship.
