What is a constructive desertion?

Constructive desertion is a type of grounds for divorce in Maryland. It occurs when one spouse forces or pressures the other spouse to move out of the marital home to end the marriage. The spouse who is left behind has not broken any laws, but is seen by the court as being the victim of desertion by the other spouse. For example, if one partner begins a pattern of refusing to speak, blaming the other spouse for all of their problems, or forbidding the other partner from engaging in activities they enjoy, it can be classified as constructive desertion. The spouse who moves out is not necessarily breaking the law, as they may feel they are in an unbearable situation and leaving is the only option. Constructive desertion is not grounds for an annulment or a voidable marriage in Maryland. However, it can be used as grounds for divorce. When the court reviews a case of constructive desertion, they will consider circumstances such as the length of time the desertion occurred, the mental health of both parties, and other factors. If the court finds that the situation meets the legal definition of constructive desertion, the court may grant a divorce due to this factor.

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What is a constructive desertion?

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