What is a constructive desertion?

Constructive desertion is a form of desertion in California divorce law. Constructive desertion is when one spouse’s behavior causes the other spouse to leave the marriage. Unlike physical desertion, this does not involve the spouse actually leaving the marriage, but rather the spouse’s behavior forces the other spouse out. In a constructive desertion, one spouse’s behavior is so egregious and abusive that it is considered an abandonment of the marriage. This can include: physical abuse, verbal abuse, emotional abuse, mental abuse, and financial abuse. Constructive desertion can also include extreme neglect. This type of neglect can include the refusal to provide the necessities of life, such as food, housing, and clothing. Constructive desertion is different than physical desertion because the spouse has not physically left the marriage. However, courts in California can still consider this form of desertion as abandonment, when proven. The court may take into consideration the length of time since the abuse began, the severity of the abuse, and the impact it has had on the other spouse. Constructive desertion is an action that can be used by a spouse in a divorce case, and can be used to prove abandonment or marital fault grounds. This can influence the court’s decision in regards to spousal support and division of assets. It is important to be aware of these types of desertion in order to understand the laws surrounding divorce in California.

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What is a constructive desertion?

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