What is a constructive desertion?

Constructive desertion is a type of divorce available in Indiana. It allows a spouse to be deemed legally separated from their partner without having to prove traditional fault grounds for divorce. In constructive desertion, one spouse must show that the other has committed some act or acts of abandonment or failure to provide support. This term typically applies when one party has left the marriage and the other spouse has been forced to accept the separation due to circumstances that were beyond their control. For example, if one spouse has been physically abusive or has abandoned the marriage and is refusing to make contact, constructive desertion can be grounds for divorce. Another example would be if one party has left the state, refused to support the family, or refused to maintain contact with their spouse. In all cases, it must be proven that the spouse had no choice but to accept the circumstances of the constructive desertion for the divorce to be granted. The non-abandoning spouse must also demonstrate that they have attempted to reconcile with the abandoning spouse and that those attempts have been unsuccessful. Constructive desertion is typically harder to prove than other grounds for divorce. Therefore, it is important to consult with a lawyer specializing in divorce law in Indiana if you are considering this type of divorce.

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What is a constructive desertion?

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