What is a constructive desertion?

Constructive desertion is a legal term used in Arizona divorce law. It means one spouse has acted in such a way as to make it impossible for the other spouse to continue in the marriage. It does not necessarily involve physical abandonment, but may include physical or verbal abuse, or any act that forces the other spouse to leave the marriage. Constructive desertion is considered one form of legal abandonment, and is grounds for divorce in Arizona. Arizona courts aim to ensure that both parties in a divorce are given the opportunity to present their case. If a spouse can show that the other has acted in a way that made it impossible for them to stay in the marriage, they may be deemed to have been constructively deserted. This could include situations such as an abusive relationship, or refusal to fulfill husbandly or wifely duties. It is important for the spouse alleging constructive desertion to be able to provide evidence that shows the other spouse’s behavior, or the court may not find it sufficient grounds for the divorce.

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What is a constructive desertion?

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