What is a constructive desertion?

A constructive desertion is a term used in family and divorce law in Alabama. It is a form of abandonment where one spouse forces the other to leave the marriage by acting in an unlivable manner. Constructive desertion can be physical or mental. Physical constructive desertion occurs when a spouse’s behavior is so intolerable that the other spouse is forced to leave the marital home. This could include domestic violence, extreme neglect, or an inability to provide food and shelter. Mental constructive desertion happens when a spouse’s mental or emotional behavior becomes unbearable, forcing the other spouse to leave the marriage. This could include verbal abuse, threats, or manipulation. In Alabama, a court could consider either physical or mental constructive desertion as grounds for divorce. In order to prove constructive desertion in court, the spouse alleging desertion must show that the other spouse made a reasonable attempt to bring about a reconciliation but was met with refusal. The court will also consider the length of time the behavior occurred and the motive behind it. If the court finds the behavior intolerable, then they could issue a divorce based on grounds of constructive desertion.

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