What is a constructive desertion?

Constructive desertion is an obscure concept that is recognized as a ground for divorce in New York. Constructive desertion happens when one of the spouses in a marriage unilaterally decides to cease the marital relationship. This means that one spouse has violated their obligation to the marriage – as if they physically deserted the other spouse – even though they still remain in the same home. Constructive desertion generally requires that a spouse has done something to cause the other spouse to no longer be able to continue living in the marriage. This can include physical, psychological, or verbal abuse, extreme neglect, refusal to engage in or perform marital duties, or adultery. In order for this to constitute constructive desertion, the behavior must be intentional, malicious, and without just cause. When a court determines that constructive desertion has occurred, the wronged spouse is considered to have been “involuntarily abandoned” and is given grounds for divorce. Unlike a no-fault divorce, the court will consider all of the evidence provided of the deserting spouse’s behavior in order to determine whether or not constructive desertion has occurred. If the court finds that the deserting spouse is at fault, the wronged spouse may be granted a divorce based on constructive desertion.

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What is a constructive desertion?

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