The legal process of seeking a dissolution of marriage due to desertion by one spouse is a complex matter. It typically involves demonstrating that the absent spouse has voluntarily left the marital home without the intent to return, for a statutorily defined period, and without the consent of the remaining spouse. A common illustration involves a husband relocating to another state for employment opportunities and severing all contact with his wife and children for longer than the period prescribed by the jurisdiction’s abandonment laws.
Successfully pursuing legal action on grounds of desertion offers the remaining spouse the opportunity to regain independence and legally end the marriage, potentially avoiding lengthy and contentious divorce proceedings based on other grounds. Historically, proving desertion was often a straightforward path to divorce, particularly in jurisdictions where fault-based divorce was the primary option. This offered a faster resolution for individuals left in difficult or untenable marital situations due to a spouse’s departure.
