Desertion, as a legally recognized justification for marital dissolution, refers to the voluntary and unjustified separation of one spouse from the other, with the intent to permanently end the marital relationship. This typically requires a continuous period of absence, often mandated by state statutes, during which the abandoning spouse provides no support or communication. An example might involve one spouse leaving the marital home without cause and remaining absent for a year or more, effectively ceasing to fulfill marital obligations.
Establishing desertion as grounds for marital dissolution provides a legal avenue for individuals trapped in defunct marriages where one party has effectively withdrawn. Historically, it offered recourse in situations where obtaining a traditional fault-based divorce (such as adultery or abuse) was difficult to prove. The availability of this option can expedite the divorce process, allowing the abandoned spouse to regain control of their life and finances without being indefinitely tied to a non-existent relationship. Furthermore, it acknowledges the emotional and practical hardship inflicted upon the spouse who is left to manage the household and financial responsibilities alone.
