Desertion as a ground for Divorce
By Team Legistify / 2016-03-30
Despite the facts supporting it, whenever he described himself as being “deserted” his own solicitor got very cross with him and told him that the judge would be very angry if he ever said anything like that in court. When he tried to talk about it further his solicitor told him that she will not represent him if he ever used the word again!

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It is very clear when discussing their difficulties with callers to our help-line that many  men in particular are very confused about the difference between separation and desertion. This is not their fault as the legal profession have made it their business to eliminate the word and concept of “desertion” from all family law proceedings. I sat in with a member of our Family Integrity and Marriage Reconciliation (FIRM) Self-Help Group when he went to discuss with his solicitor what he could do.

Pic Courtesy- Zamungswat

Despite the facts supporting it, whenever he described himself as being “deserted” his own solicitor got very cross with him and told him that the judge would be very angry if he ever said anything like that in court. When he tried to talk about it further his solicitor told him that she will not represent him if he ever used the word again!

DESERTION

Desertion, known in some states as abandonment, is considered grounds for divorce in states that have fault divorces. There are two types of desertion, actual desertion and constructive desertion. Both types of desertion must be continuous and uninterrupted for a specific period of time between one and five years depending on the state.

Despite the facts supporting it, whenever he described himself as being “deserted” his own solicitor got very cross with him and told him that the judge would be very angry if he ever said anything like that in court. When he tried to talk about it further his solicitor told him that she will not represent him if he ever used the word again!

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