What is a constructive desertion?

Constructive desertion is a legal term used in the state of Kansas to refer to a situation in which one spouse creates an intolerable living situation for the other spouse. This is a way of establishing abandonment without the other spouse necessarily moving out of the home. Constructive desertion can be established when one spouse acts in such a way as to make it impossible for the other spouse to remain married; this can involve physical or verbal abuse, substance abuse, refusing to support the other spouse financially, or similar actions that make the living situation unbearable. In Kansas, a spouse can file for divorce on the grounds of constructive desertion, providing evidence that the other spouse created an intolerable living circumstance. It is important to note that in order to be considered constructive desertion, the wrongful actions of the guilty spouse must be ongoing and not just an isolated incident.

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What is a constructive desertion?

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