Desertion in marriage.

Desertion in marriage refers to a situation where one spouse abandons the marital relationship without justification or consent of the other spouse. It involves the deliberate act of one spouse leaving the marital home and severing the marital relationship without any reasonable cause, intent to return, or communication with the other spouse. Desertion can have legal implications, particularly in the context of divorce or separation proceedings. However, it's important to note that laws regarding desertion vary between jurisdictions, so specific legal advice should be sought for accurate information relevant to a particular situation.

In many jurisdictions, desertion may be considered as a ground for divorce or legal separation, allowing the abandoned spouse to seek a dissolution of the marriage based on the deserting spouse's behavior. However, the requirements for proving desertion as a legal ground for divorce can vary. Common elements that may need to be established include:

1. Intent: It must be shown that the deserting spouse left the marital home with the intention to end the marital relationship. This intent is generally inferred from the actions and conduct of the deserting spouse.

2. Absence: The desertion must be of a significant duration, typically ranging from several months to a year, depending on the jurisdiction. The period of absence required may vary.

3. Without Justification: It must be demonstrated that the abandonment occurred without reasonable cause or justification. This means that the deserting spouse left without valid reasons recognized by law, such as physical or emotional abuse, infidelity, or intolerable living conditions.

4. Lack of Consent: The abandonment must have been against the wishes of the abandoned spouse. The abandoned spouse should not have given consent or contributed to the desertion.

It's important to consult with a qualified family law attorney or seek legal advice from professionals familiar with the laws of your specific jurisdiction to understand how desertion is treated and the legal implications it may have in your particular situation.