Desertion, defined as the voluntary and unjustified separation of one spouse from the other with the intent to end the marital relationship, can form a legal basis for dissolving a marriage. This usually involves a physical departure, coupled with a demonstrable intention to permanently end cohabitation. For example, if one spouse moves out of the marital home, ceases all communication and financial support, and clearly indicates to the other spouse or to third parties an unwillingness to return, this might constitute grounds for legal action.
The availability of marital dissolution based on desertion serves as a recourse for individuals trapped in marriages effectively terminated by the actions of their partner. Historically, it provided a mechanism for individuals to regain autonomy and the legal right to remarry in an era when obtaining a divorce could be challenging. The specific requirements and duration of separation necessary to constitute grounds vary by jurisdiction and may be influenced by evolving societal norms regarding marriage and spousal obligations.
