Marital Desertion: 5 Things You Should Know About

Law Blog

When two people express their wish to marry, they basically say, "I love you and want to spend the remainder of my life with you." But what happens when one person decides they no longer want to be married and simply leaves without following due process to end the marriage? This is referred to as marital desertion, which can have serious consequences for both parties.

Below are five things that you need to know about marital desertion and how a solicitor can help.

1. What is Marital Desertion?

Marital desertion is defined as the abandonment of a spouse without their consent and the end of the marriage. In order to be considered marital desertion, the abandonment must be willful and continuous for a period of time, the exact length depends on your location so speak with a solicitor to know for sure.

2. What Are the Consequences of Marital Desertion?

The consequences of marital desertion can be serious. If you are a deserted spouse, you may be entitled to a divorce on the grounds of desertion. Additionally, the deserted spouse may also be entitled to spousal support.

3. What Are the Defenses to Marital Desertion?

There are a few defences to marital desertion, but they are generally difficult to prove. One defence is that the desertion was not willful. Another defence is that the deserting spouse had a valid reason for leaving, such as domestic violence or adultery.

4. How Do You File for Divorce if Your Spouse Has Deserted Me?

If you believe that your spouse has deserted you, you should consult with a family law solicitor who will help you to file for divorce on the grounds of marital desertion. Once your divorce is granted, you will be able to move on with your life without your spouse.

5. How Can You Reduce the Chance Your Spouse Will Desert?

Unfortunately, there isn't a guaranteed way of preventing your spouse from deserting you. However, there are a few things that you can do to reduce the risk of marital desertion, such as communicating openly with your spouse about your relationship and resolving any conflict in a timely manner.

Contact a law firm today if you are considering a divorce, and your spouse has left home. Depending on the specific circumstances, there may be grounds for a marital desertion case even if your spouse has not physically left the state or country. Family lawyers are experienced in handling these types of cases and can help you get started on the path to a new beginning.


3 October 2022

Dealing With Divorce

Hello, my name is Sandra. I live with my two children in Eastern Australia. I have recently come through a very difficult divorce. My ex-partner used to drink too much and he wasn't a very good husband or father. The final straw was when I discovered he was having an affair. I filed for divorce the same day. I knew that getting divorced would be difficult but I didn't realise just how difficult. My husband did all he could to make it hard for me and the kids. Thankfully, I found a fantastic family lawyer who helped me through the entire process. I won custody of the kids and my husband has been asked to pay child support. I decided to start this blog to help others who are going through a divorce.