What is a constructive desertion?

Constructive desertion is a form of abandonment when one spouse stops providing financially or emotionally for the other spouse. This form of abandonment does not require one spouse to physically leave the home. In Hawaii, constructive desertion is a recognized form of marital abandonment. Constructive desertion means that one spouse has taken actions that undermine or damage the marriage. This can include verbal or emotional abuse, physical abuse, or financial neglect. In Hawaii, an example of constructive desertion could be one spouse consistently refusing to participate in family activities or refusing to discuss important issues in the marriage. Constructive desertion is a form of abandonment that allows a spouse to seek a divorce even when the other spouse does not move out. In Hawaii, to prove constructive desertion for a divorce, one spouse must be able to show that the other spouse demonstrated intent to abandon and the marriage was destroyed as a result. This can be difficult to prove since there is no physical evidence. Courts may consider a variety of factors to determine if one spouse is guilty of constructive desertion, including the duration of the abandonment, the behavior of each spouse, and statements from both spouses.

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What is a constructive desertion?

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